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Legislative News Archive 2006- July 2007

Week of July 2 to 6, 2007
Volume 3, Number 26

by Peter Spadafore
peter@memspa.org

In this issue:


Legislative News in Brief

The Legislature was on summer recess this week, therefore no committee meetings were held and no action was taken by either chamber. The House and Senate are tentatively scheduled to meet this week, but it is assumed that neither of these meetings will happen given that the Legislature was scheduled to be on break this week as well.


Governor

The Governor signed SB 70 (PA 30), introduced by Sen. Cassis, which postpones from July 2007 to July 2009 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified. It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program.


Coming Up the Week of July 9

The House and Senate are tentatively scheduled to meet this week. The House at 10AM on Tuesday, July 10, and the Senate at 10AM on Tuesday, Wednesday, and Thursday.

There are no committee meetings scheduled for this week.


Other News

July 1 has come and gone. This is the day that the Michigan Constitution sets as the day by which a school district must have a budget in place. Despite the July 1 deadline for school districts, the K-12 School Aid Budget has yet to be determined. Lawmakers went on vacation before any action was taken to determine funding levels for local districts. Technically, the Legislature has until September 30 to put in place actual numbers for the budget, despite the fact that schools would be three months into the fiscal year by that date.

Representative Dave Hildenbrand has proposed HB 4021, a bill that requires the Legislature to adopt the K-12 School Aid Budget by July 1 to ensure that districts have an exact per pupil amount when adopting a budget.

Experts are telling districts to anticipate the worst, but hope for the best when it comes to funding from the state. MEMSPA will monitor that legislation and keep members updated as necessary.


Peter J. Spadafore
Associate Director
peter@memspa.org
517.694.8955
memspa.org


 Legislative Update from the Week of June 25 to 29, 2007
Volume 3, Number 25

by Nancy Stanley
nancy@memspa.org


Legislative News in Brief

The Legislature completed work on the new Michigan Business Tax (MBT) that will replace the $1.9 billion in revenue generated by the former Single Business Tax (SBT).  This was important for them to complete prior to the week long summer break.  The next time the Legislature will be in session is the week of July 10 for abbreviated sessions.

Legislative Hearings and Action

Senate

The Senate Education Committee did not meet; however, the full Senate acted on several bills that are listed below.

Enrolled and Sent to the Governor

SB 70, introduced by Sen. Cassis, postpones from July 2007 to July 2009 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program.

SB 188, introduced by Sen. VanWoerkom, modifies the portion of the School Code dealing with vocational education.  Specifically, it renames vocational education to Career and Technical Education, and specifies that locally levied vocational technical millage must be spent on vocational technical education.
 
Passed by the Senate and Sent to the House

SBs 546 & 547  - These two bills make changes to the Michigan Public School Employees Retirement Act (MPSERS) that have been discussed over the past few years. 

The following changes are for new employees only, beginning with those who become a member of MPSERS on or after July 1, 2008.

  • The contribution for the Member Investment Plan (MIP) will increase by 2% for those who earn over $15,000.
  • A member who is 60 or older will be required to have at least 10 years of service before being eligible for a retirement allowance.
  • A member will be required to have at least two years of service credit before being able to buy universal service credit.
  • A member will be required to have 10 years of service credit before being eligible for health insurance.  After 10 years of service, the individual is eligible for 30% of the health insurance to be paid by MPSERS.  The individual will earn 3% per year to be paid for every year of service after 10, to a maximum of 90%.
  • A member, who retires with fewer than 30 years of actual service, will not be eligible for health insurance until the time he/she would have been eligible to retire without the purchased service time.  For example, an individual with 25 years of service credit and five years of universal service time would not be eligible for health insurance until he/she has been retired for five years.  However, they can purchase health insurance from MPSERS for a fee.

SB 549, introduced by Sen. Kuipers, requires ISDs to work with local districts to adopt a common calendar by July 1, 2008.  Each constituent district is required to comply with the common calendar beginning with the 2008-09 school year, provided the constituent district does not have a contract in place with a conflicting calendar.

The calendar must identify dates for a winter holiday break, spring break and professional development days for the next five years.

Exceptions are made for those schools that must be in compliance, including year-round schools, international baccalaureate academies, and certain districts that operate grades 6-12 at a single site.

House

The full House approved HB 4924, introduced by Rep. Melton.  This bill requires a school district to get written consent from a resident district before it can operate an educational program in that resident district.

The House Education Committee heard testimony from Bill Millet, a businessman from North Carolina.  He spoke to the importance of early childhood from a business perspective.  He talked about the investment in early childhood in North Carolina and compared it to the Early Childhood Investment Corporation in Michigan.  He basically was encouraging legislators to support early childhood programs for the good of the state in the future.

Governor

The Governor signed HB 4661 (PA 29), introduced by introduced by Rep. Lemmons.  This bill would modify the term of the president and vice president of the Detroit Board of Education by making it consistent with the new election schedule.

Coming Up the Weeks of July 2 and 9

The Legislature will be on a one-week summer break and will return the week of July 10 to begin work on the 2008-09 budget.  Watch for updates as events occur.


Legislative Update from the Week of June 18 to 22, 2007
Volume 3, Number 24
by Nancy Stanley
nancy@memspa.org

House Action Needed on Revenues Now!

As you may know, the legislature recently acted to resolve a nearly $800 million deficit for the current budget year.  Two remaining issues related to Michigan's current fiscal crisis have not yet been resolved-a replacement for Michigan's Single Business Tax (Michigan's main business tax), and new revenues to help balance the Fiscal Year 2008 budget.  The legislature appears to be close to having an agreement on a new business tax, and it appears that there may be agreement on a revenue measure that could include a combination of income and sales taxes.

However, for procedural reasons, if the House does not vote next week on a revenue bill, the state will not be able to capture a full fiscal year of revenue for Fiscal Year 2008, thereby creating another revenue shortfall.

Your help is needed!

On Monday, June 25th two calls should be made to the Legislature:

  1. A message to House Speaker Andy Dillon (Toll-free 888-737-3456 or 517-373-0857) and Senate Majority Leader Mike Bishop (Toll-free 877-924-7467), urging that a revenue bill be brought to a vote immediately.
  2. A message to your own representative asking him/her to urge the House Speaker and the Senate Majority Leader to bring a revenue bill up for a vote. http://house.michigan.gov/find_a_rep.asp

The message we want to deliver is very simple:  Do your job-vote for revenues now!  The reason is simple:  If we are to have adequate revenues for Fiscal Year 2008 a vote must occur this week.

Thank you for your continued commitment to helping to resolve Michigan's ongoing fiscal crisis.

Legislative News in Brief

Intense negotiations continued on the new Michigan Business Tax and the structure of new revenue for 2007-08.  Both the House and Senate held meetings relative to education.  Below is a description of action taken.

Legislative Hearings and Action

Senate
The Senate Health Policy Committee reported out SB 282, introduced by Sen. Thomas.  The bill requires all school districts to offer at least 30 minutes of physical education at least two days per week in grades K-5.  While individuals testifying on this bill were supportive of physical education, issues were raised relative to the time school districts are required to spend on academic programs (even at the elementary level) and the limits school districts have trying to integrate physical education into the school program with dwindling education dollars.

In the past, MEMSPA has taken a position of supporting physical education in the schools as long as the funding necessary to implement the program is made available.

The Senate Education Committee reported out SB 549, introduced by Sen. Jelinek.  The bill requires all ISDs and their constituent districts to establish a common calendar that includes (at minimum) a winter break, a spring break and professional development days.  There was some concern about districts that take off additional days for other reasons (holidays, etc.), and the committee concluded that those types of days would be allowed.  The bill establishes a minimum structure for a common calendar.

The Committee also reported out three bills (HB 4595, SB 570, and SB 600) that would allow students who live in Michigan but may attend high school out-of-state to be eligible for the Michigan Promise Award.

House
The House Education Committee considered six bills, reporting out three and taking testimony on three.  They are listed below.

Testimony only - HBs 4797 and 4798, introduced by Reps. Melton and Johnson respectively, create a "graded health care" system for future school employees.  This would mean a new employee would have to work ten years to vest.  They would receive 3% of the health insurance benefit paid for each year worked (minimum of 30%).  For each additional year worked, they would receive an additional 3%, up to 90% for 30 years of service (with 90% being the maximum).

HB 4087, introduced by Rep. Hammon, would prohibit smoking in college dormitories.

Reported out - HB 4924, introduced by Rep. Melton, requires a school district to get written consent before it can operate an educational program in another school district.

SB 70, introduced by Sen. Cassis, postpones from July 2007 to July 2009 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program.

SB 188, introduced by Rep. VanWoerkom, modifies the portion of the School Code dealing with vocational education.  Specifically, it renames vocational education to Career and Technical Education and specifies that locally levied vocational technical millage must be spent on vocational technical education.

Coming Up the Week of June 25

Meetings for education committees have not yet been posted.


Legislative Update from the Week of June 11 to 15, 2007
Volume 3, Number 23
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief
The legislature continued to work passing bills related to balancing the 06-07 budget.  Also, it was announced that agreement has been reached for the replacement of the Single Business Tax (SBT).  The new tax will be called the Michigan Business Tax (MBT) and is designed to replace the $1.9 billion lost with the elimination of the SBT at the end of this year.

The legislature announced it will be taking the first two weeks off in July as a summer break and that 2007-08 budget bills should be moving from the first house of origin to the second by the end of June.  Additionally, it appears there is agreement on the amount of revenue necessary to develop a balanced budget for next year.  The number of $1.5 billion seems to be popping up most frequently, although Republicans have not publicly committed to revenue in this amount.  A combination of an increase in the income tax and taxes on items such as tickets for sporting events seems to be the area being honed in upon.

Legislative Hearings and Action

Senate
There was no Senate Education Committee meeting.  The full Senate passed SB 571, introduced by Sen. Kuipers.  The purpose of the bill is to put a Michigan law on expulsion (380.1311 and 1311a) in concert with the federal law, relative to special education students.  The Michigan law currently states that a special education student's federal due process rights must not be diminished.  SB 571 states that school boards must not diminish "any" federal rights of students eligible for special education.  There were no objections to the bill in committee or on the floor of the Senate.

House
The full House completed action and enrolled HB 4661, introduced by Rep. Lemmons.  This bill would modify the term of the president and vice president of the Detroit Board of Education by making it consistent with the new election schedule.  The bill will be submitted to the Governor for her signature.

The full House also sent SB 188 from the House calendar back to the Education Committee where it will be taken up next week.  SB 188, introduced by Rep. Van Woerkom, modifies the portion of the School Code dealing with vocational education.  Specifically, it renames vocational education to Career and Technical Education and specifies that locally levied vocational technical millage must be spent on vocational technical education.

The House Education Committee took testimony on two bills, but took no votes.  They were SB 70, introduced by Sen. Cassis, and SB 403, introduced by Rep. Kuipers.  SB 70 will postpone from July 2007 to July 2008 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program. 

SB 403 will allow a high school student who transfers to a public school from an out-of-state school or a non-public school to have a modified program of graduation requirements.  This is only available if the student has completed the equivalent of 2 years of high school in the out-of-state or non-public school, their modified "personal curriculum" incorporates as much of the core content standards as possible, and a civics class is a part of the personal curriculum.  Additionally, the personal curriculum must include a math class to be taken in the senior year.  The course to be taken is determined by how long the student has left before graduation and the level of mastery attained by the student prior to transferring. 

Coming Up the Week of June 18

Tuesday, June 19 - The House Education Committee is scheduled to take up seven bills.  A brief description of each bill may be found below.

HB 4807 - A higher education bill prohibiting smoking in university dormitories.

HB 4794 and 4798 - Two bills to modify health care benefits for future school employees.

HB 4924 - A bill requiring a school district to get written consent if it operates an educational program outside of the school district.

SB 70 - A bill to modify teacher certification requirements (see above).

SB 188 - A bill to modify and clarify vocational education statutes (see above.)

SB 403 - A bill to modify high school graduation requirements for transfer students and transferring private school students.


Legislative Update from the Week of June 4 to 8, 2007
Volume 3, Number 22
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief

Legislators continue to work on the Single Business Tax replacement.  There could be action on it this next week.  Whispering around the capitol indicates the week of June 18 may see work begin on the revenue and reform bills.  Key players are said to be somewhat close to agreement, but this could just be a rumor perpetuated by the hopeful.

In spite of late postings, both the House and Senate Education Committees met.  The House continued taking testimony on healthcare, and the Senate discussed HB 4220 and reported out SB 571 (see below for details).

Legislative Hearings and Action

Senate
The Senate Education Committee reported out SB 571, introduced by Sen. Kuipers.  The purpose of the bill is to put a Michigan law on expulsion (380.1311 and 1311a) in concert with the federal law, relative to special education students.  The Michigan law currently states that a special education student's federal due process rights must not be diminished.  The SB 571 states that school boards must not diminish "any" federal rights of students eligible for special education.  There were no objections to the bill, and it was sent to the Senate calendar for further action.

The Committee also reported out HB 4661, introduced by Rep. Lemmons.  This bill would modify the term of the president and vice president of the Detroit Board of Education by making it consistent with the new election schedule.

Finally, the Committee took testimony on HB 4220, introduced by Rep. Espinoza.  This bill has passed the House and would allow a school board member to serve as a volunteer coach or supervisor of a student extracurricular activity if all of the following qualifications are met:

  • The board member receives no compensation.
  • The board member abstains from votes related to the program in which the board member is serving during the period of time for which he/she serves.
  • There is no qualified applicant to fill the position.
  • A criminal history check has been completed and received by the school district.

The bill remained in committee, and no vote was taken.

House
The House Education Committee took testimony from representatives of MESSA relative to the release of claims data.  Also given time to present was a representative of management supporting the concept.  No action was taken, and further testimony may take place at a later date.

Coming Up the Week of June 11

Tuesday, June 12 - The House Education committee is scheduled to take up two bills.  SB 70, introduced by Sen. Cassis, will postpone from July 2007 to July 2008 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program. 

SB 403, introduced by Sen. Kuipers, will allow a high school student who transfers to a public school from an out-of-state school or a non-public school to have a modified program of graduation requirements, under specified circumstances.  

Committee schedules are updated beginning each Monday of the week and can be found by going to: www.legislature.michigan.gov and clicking on "Committee Meetings."


Legislative Update from the Week of May 28 to June 1, 2007
Volume 3, Number 21
by Nancy Stanley
nancy@memspa.org

Legislative News in Brief

It was a short, slow week in the legislature.  The anticipated completion of legislation necessary to complete balancing the 2006-07 budget did not occur.  The final agreement on the Michigan Business Tax (MBT) did not occur.  And there was an early departure of legislators for the annual Detroit Regional Chamber of Commerce policy conference on Mackinac Island. 

There were, however, House and Senate Education Committee meetings and some of the bills needed to finish the 2006-07 budget agreement moved one step closer to completion.  Final action on these bills, as well as action on the MBT, is expected next week. The next significant movement on the 2008-09 budget is likely to take place just prior to the July 4 break.

Legislative Hearings and Action

Senate
The Senate Education Committee reported out SBs 546 and 547, two bills that would modify retirement for future school employees.  If acted on, at this point in time, these bills would not impact anyone employed by a school district prior to July 1, 2008. 

SB 546, introduced by Sen. Kuipers, would create a graded health system for new employees.  An individual would not be eligible for any health benefits until he/she has been a part of the retirement system for 10 years.  At that time, the individual would be eligible to receive 30% coverage of a health benefit upon retirement.  The individual would then accumulate an additional 3% per year of employment until he/she has worked for 30 years and is eligible for 90% coverage.  The bill also requires the individual to be age 60 before he/she can receive retiree insurance coverage.

SB 547, introduced by Sen. Kuipers, leaves the current defined benefit system in place for future retirees, but requires a contribution of 6.4% into the Member Investment Plan (MIP).  Current employees pay a 4.3% contribution to MIP. 

This bill also requires an individual who purchases universal retirement time to be a part of the retirement system for no less than 10 years (in addition to the time purchased).

Action on these two bills could come as soon as next week.  They are expected to be a part of the agreement for increased state revenue.

House
The House Education Committee took testimony on school employee retirement.  No bills, specifically, were discussed.

Coming Up the Week of June 4

No education committee meetings have been posted yet.  The legislature is expected to work on the MBT next week, and committee meetings on topics such as the 2007-08 budget, further discussion on health care and retirement, further action on compulsory attendance and just about any other topic could be expected.


Legislative Update from the Week of May 21 to 25, 2007
Volume 3, Number 20
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief
Current year budget - The puzzle pieces are beginning to fall in place.  The legislature and Governor have agreed on how to solve the current-year budget shortfall.  For education, the most important component of this agreement is that there will be no pro-ration for school districts for the 2006-07 school year.  Waiting for this question to be answered has created a great deal of anxiety in school districts; but for this school year, the foundation grant is intact.

2007-08 budget - While the details have not been released, there are high hopes that agreement is close on revenue for the 2007-08 budget year (which begins October 1).  The agreement is predicated on the passage of other bills, some of which are budgetary in nature and some of which are not.  It is unclear at this time which of the bills receiving attention are truly a part of the agreement or even if the agreement is totally solid.  It could become clearer next week which bills must be passed to garner the necessary votes for a revenue increase. 

At this point in time, it appears the revenue increase will be an increase in the income tax, and it could be retroactive to January.  There could be other taxes in the mix related to services, also.  The Senate has repeatedly asked for changes in school employee health and retirement, and they have a number of bills ready for passage that make those changes (see below under Senate).

Legislative Hearings and Action
Senate
The Senate Education Committee meeting scheduled for Thursday, May 24, was canceled due to budget negotiations.

The Senate Local, Urban and State Affairs Committee reported out SB 418-421.  This set of bills would allow governmental entities to pool for the purpose of health insurance.  They would also require current insurers to release claims data for the purpose of allowing insurance bidding within the pools.  These bills will likely be a part of the package of bills required to pass in order for the Senate Republicans to agree to any increase in taxes.

To address the question of retirement changes desired by the Senate, SB 546 and 547 were introduced to modify retirement for future school employees.  If acted on, these bills would not impact anyone employed by a school district prior to July 1, 2008.  These bills have not yet moved, but if they are a part of the agreed-upon package they could move quickly, and MEMSPA members should be familiar with them.

SB 546, introduced by Sen. Kuipers, would create a graded-health system for new employees.  An individual would not be eligible for any health benefits until he/she has been a part of the retirement system for 10 years.  At that time, the individual would be eligible to receive 30% coverage of a health benefit upon retirement.  The individual would then accumulate an additional 3% per year of employment until he/she has worked for 30 years and is eligible for 90% coverage.  The bill also requires the individual to be age 60 before he/she can receive retiree insurance coverage.

SB 547, introduced by Sen. Kuipers, leaves the current defined benefit system in place for future retirees, but requires a contribution of 6.4% into the Member Investment Plan (MIP).  Current employees pay a 4.3% contribution to MIP. 

This bill also requires an individual who purchases universal retirement time to be a part of the retirement system for no less than 10 years (in addition to the time purchased).

House
The full House passed several bills impacting education.  Some of these bills could be part of an agreement in exchange for a vote on increased taxes.

HBs 4506 and 4507, introduced by Rep. Ward, require school board member elections to be held in November.  The elections may be held either in odd years, even years or both.  Bond elections and other school elections would still be allowed in May.

HB 4592, introduced by Rep. Melton, requires a school district to conduct a study concerning opportunities for sharing services.  This is a modified substitute for the "consolidation bill" that had been discussed previously.

HB 4796, introduced by Rep. Wenke, prohibits any school employee from receiving a total compensation package in excess of the package received by the Governor.  It also prohibits providing motor vehicles or an allowance for a motor vehicle for school employees.

The bill does allow for a provision by which the State Superintendent can waive the salary cap if the position of the employee can be shown that, nationally, an individual holding the same position would be receiving greater compensation.

Additionally, the bill calls for the annual total compensation package for each employee of a school district to be included in the Registry of Educational Personnel.  This bill is tie-barred to HB 4500, which may be the bill used to increase the income tax.

HB 4799, introduced by Rep. Wenke, requires a retired individual who is employed by a school district either directly or indirectly beginning January 1, 2008, to suspend his or her retirement during that employment.  This would apply in all circumstances except individuals working for less than 1/3 of their final average compensation or individuals returning under emergency circumstances.  This eliminates the possibility for individuals to return based on a critical shortage.  This bill is tie-barred to HB 4500, which may be the bill used to increase the income tax.

The full House discharged* the following bills:

SB 188, introduced by Rep. Van Woerkom, modifies the portion of the School Code dealing with vocational education.  Specifically, it renames vocational education to Career and Technical Education and specifies that locally levied vocational technical millage must be spent on vocational technical education.

HB 4601, introduced by Rep. Hammel, requires the Retirement Board to establish a health care fund.  This would create a fund from which health care benefits for retired school personnel would be paid.  The intent is to create a reserve of revenue from which health care benefits for retirees can be paid.

HBs 4797 and 4798, introduced by Reps. Melton and Johnson, set up a graded health system similar to SB 546 (above). However, they impact new retirees beginning July 1, 2007.

*A "discharge" means there will be no committee action and a bill can actually move from the House to the Senate with the only discussion and action taking place before the full body.

Coming Up the Week of May 28
There are no education-related committee meetings at this time.  The members are off on Monday for Memorial Day and the Detroit Regional Chamber of Commerce is holding its annual policy conference on Mackinac Island beginning Wednesday, May 30.  Eighty-six House and Senate members are registered to attend this event.  A great deal of action is expected on the floor of the House and Senate on Tuesday and Wednesday, with a possible vote on a tax increase and modifications to school employee heath and retirement.


  Legislative Update from the Week of May 14 to 18, 2007
Volume 3, Number 19
by Nancy Stanley nancy@memspa.org

Legislative News in Brief

Current year budget - It seems as though the legislature and Governor are taking two steps forward and one step back as they try to reach agreement on closing the hole in the current budget.

The Senate passed SB437, a $36 cut to schools for this year, prior to the Revenue Estimating Conference. The House does not support this cut, and the Revenue Estimating Conference puts the necessary cut at $116 (see below). As you have probably already heard, the Governor is threatening to shut down some of the state government if there is no resolution by June 1. The Senate Republicans may put off this issue just to see if she will make good on her threat. The House Democrats are working on a tax proposal to be voted on as early as next week.

Revenue Estimating Conference - Even the slight increase in revenue in April could stop the Fiscal Agencies and Treasury from indicating there is still a need to cut schools for the 2006-07 school year. The Senate Fiscal Agencies estimates that a $116 per pupil pro-ration is necessary to balance the budget. (This number is lower than the original $122 due to a reduction in the number of students being funded.) The legislature may act to lessen this amount, but there are no assurances.

Press Conference - On Monday, several groups, including education, will be holding a press conference at the Capitol expressing the need for no new cuts and an increase in revenue. Watch the news for the outcome.

Postcards - By now, most of you should have received two postcards from your Legislative Committee representative, one for your representative and one for your senator, and instructions on what to do with the postcards. If you have not received your postcards and would like them, please email me at nancy@memspa.org. I will make sure the cards are sent to you.

In the alternative, if you could just contact your senator and representative and let him or her know specifically what havoc the budget uncertainty is creating in your building or school district, it would be extremely helpful. Many of the legislators are saying they are not getting a message from educators that schools are really in dire financial circumstances, that schools need stable funding and that new taxes may need to be raised in order to solve the budget crisis and ensure stable funding for schools.

Senate
The full Senate moved SB 188, introduced by Rep. Van Woerkom, to third reading. This bill modifies the portion of the School Code dealing with vocational education. Specifically, it renames vocational education to Career and Technical Education and specifies that locally levied vocational technical millage must be spent on vocational technical education. There was no opposition to the bill.

The Senate Education Appropriations Subcommittee met and took testimony on the budget from the Math/Science Center representatives and representatives from Junior Achievement, Michigan's Children and various school districts. The committee is taking testimony in preparation for creation and passage of the 2007-08 budget, but are also listening to a variety of problems school are facing in the 2006-07 budget upheaval.

The Senate Education Committee did not meet.

House
The full House passed HB 4661, introduced by Rep. Lemmons. This bill would modify the term of the president and vice president of the Detroit Board of Education by making it consistent with the new election schedule.

The House Labor Committee reported out HB 4533, introduced by Rep. Meisner. This bill amends the Public Employees Relations Act (PERA) to remove third-party contracting from the list of prohibited bargaining areas. This means each time a school district wants to contract with a third party for activities other than instructional, that decision would be subject to collective bargaining.

MEMSPA took a position to support the position taken by the Michigan Association of School Administrators (MASA), which is currently a position of opposition to this bill.

The House Education Committee did not meet.

Coming Up the Week of May 21

Tuesday, May 22 - The Senate Local, Urban and State Affairs Committee will be meeting on SBs 418-421 that would create a statewide catastrophic claims pool and would also allow governmental entities to pool for the purpose of health insurance. They would also require current insurers to release claims data for the purpose of allowing insurance bidding within the pools.

Thursday, May 24 - The Senate Education Committee is scheduled to meet and review the outcome of the first year of the Michigan Merit Exam.

No other education-related meetings are scheduled at this time.



Legislative Update from the Week of May 7, 2007
Volume 3, Number 18
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief

Talks continue on the current-year budget.  It appears the House, Senate and Governor's office are coming closer to agreement on the Single Business Tax replacement.  Once that it done, there can be a more direct focus on the current budget shortfall.  Due to the scheduling of the Revenue Consensus meeting next Friday, May 18 stands out as a day when things can start falling into place.

Legislative Hearings and Action

Senate
The Senate Education Committee reported out SB 188 (S-4), introduced by Sen. Van Woerkom.  This bill modifies the portion of the School Code dealing with vocational education.  Specifically, it renames vocational education to Career and Technical Education and specifies that locally-levied vocational technical millage must be spent on vocational technical education.  There was no opposition to the bill, and it now moves to the Senate calendar where it will likely be taken up next week.

The Senate Education Appropriations Subcommittee took public testimony on HB 4359, the School Aid budget bill for 2007-08.  Several individual school personnel testified on the negative impact school funding is having on their districts.

The Senate Finance Committee took testimony on the House version of the Single Business Tax replacement bills.  HB 4367 and 4369-71 are the Democrats' response to the elimination of the single business tax.  These bills, along with the Senate bills, will be part of the negotiations needed to complete a package of bills that will be signed by the Governor. 

MEMSPA Legislation Committee recommends a position of support for the House version of the bills, given those bills offer full replacement of the SBT and hold school districts harmless relative to the collection of the personal property tax.

House
The House Education Committee reported out HB 4661, introduced by Rep. Lemmons.  This bill would modify the term of the president and vice president of the Detroit Board of Education by making it consistent with the new election schedule.

The House Labor Committee took testimony on HB 4355, introduced by Rep. Meisner.  This bill amends the Public Employees Relations Act (PERA) to remove third-party contracting from the list of prohibited bargaining areas.  This means each time a school district wants to contract with a third party for activities other than instructional, that decision would be subject to collective bargaining.

MEMSPA took a position to support the position taken by the Michigan Association of School Administrators (MASA), which is currently a position of opposition to this bill.

The House Tax Policy Committee took testimony on SBs 94-96, a series of bills designed to replace the single business tax eliminated at the end of this year.  The Senate bills currently are $600 million short of fully replacing the single business tax that is scheduled to expire at the end of this year.

MEMSPA supports full replacement of the SBT revenue with a "hold harmless" provision relative to personal property tax collection for school millage.

Coming Up the Week of May 14

Tuesday, May 15 - The Senate Education Appropriations Subcommittee is scheduled to continue taking public testimony on the School Aid budget bill for 2007-08 and the Department of Education budget bill for 2007-08.

Meetings for the other Education Committee have not yet been scheduled, but there will likely be a House Education Committee meeting on Tuesday and a Senate Education Committee meeting on Thursday.



 

Legislative Update from the Week of April 30 - May 4, 2007
Volume 3, Number 17
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief

Talks continue relative to the current-year budget, but there still is no solution.  In the mean time, Senate and House Appropriations subcommittees continue to meet on the 2007-08 budget.

Some movement has been made on the replacement of the single business tax with legislation moving in both the House and Senate.  Agreement here and signed legislation, however, still will not fix the 06-07 budget woes.

Legislative Hearings and Action

Senate
The full Senate approved SBs 94-96, a series of bills designed to replace the single business tax eliminated at the end of this year.

The full Senate also approved SB 70, introduced by Sen. Cassis and SB 403, introduced by Rep. Kuipers.  SB 70 will postpone from July 2007 to July 2008 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program. 

SB 403 will allow a high school student who transfers to a public school from an out-of-state school or a non-public school to have a modified program of graduation requirements.  This is only available if the student has completed the equivalent of 2 years of high school in the out-of-state or non-public school, their modified "personal curriculum" incorporates as much of the core content standards as possible, and a civics class is a part of the personal curriculum.  Additionally, the personal curriculum must include a math class to be taken in the senior year.  The course to be taken is determined by how long the student has left before graduation and the level of mastery attained by the student prior to transferring. 

The Senate Education Appropriations Subcommittee met and took testimony from Henry Ford Community College on the Health/Science Middle College and from MDE on testing.

House
The full House approved HB 4595, introduced by Rep. Angerer.  The bill allows a Michigan resident who attends high school outside the state but who takes the Michigan Merit exam to be eligible for the Michigan Promise Award.  This would be consistent with treatment of those students under the Michigan Merit Award (which has been renamed the Michigan Promise Award).

The full House also approved HB 4367 and 4369-71, four of the five bills needed for the Democrats response to the elimination of the single business tax.  These bills, along with those passed by the Senate, will be part of the negotiations needed to complete a package of bills that will be signed by the Governor.

The House Labor Committee took testimony, primarily from labor groups, on HB 4355, introduced by Rep. Meisner.  This bill amends the Public Employees Relations Act (PERA) to remove third-party contracting from the list of prohibited bargaining areas.  This means each time a school district wants to contract with a third party for activities other than instructional, that decision would be subject to collective bargaining.  The committee may take more testimony on this bill during the week of May 7.

Coming Up the Week of May 7

Tuesday, May 8 - The House Education Committee is scheduled to discuss the interaction between early childhood education and childcare.  Also the committee will take testimony on HB 4661, introduced by Rep. Lemmons.  This bill would modify the term of the president and vice president of the Detroit Board of Education.

The House Labor Committee has scheduled HB 4355, introduced by Rep. Meisner, for testimony, as well as four other unrelated bills and a resolution.  It is questionable whether the committee will actually get to HB 4355 in the time allowed.

The Senate Education Appropriations Subcommittee is scheduled to take public testimony on HB 4359, the School Aid budget bill for 2007-08, and HB 4346, the Department of Education budget bill for 2007-08.


Legislative Update from the Week of April 23 to 27, 2007
Volume 3, Number 16
by Nancy Stanley
nancy@memspa.org

Legislative News in Brief

2006-07 Budget - The Senate passed the House version of SB 221 (see below).  The Governor is expected to sign it.  The bill does not cut the foundation but leaves a $62+ million shortfall in the budget.  Details on the bill are listed below.

The Governor announced that if a funding solution for the current year School Aid Act is not found by May 1, a pro-ration letter will be sent indicating a cut of $125 per pupil will be necessary to balance the 2006-07 budget.  This $125 per pupil cut would be sufficient to cover the $135 million shortfall in revenue that is predicted will be revealed at the May Revenue Consensus meeting.

Legislative Hearings and Action

Senate
The full Senate passed SB 221, introduced by Sen. Jelinik.  This bill addresses the shortfall in the current School Aid budget by:

  1. Revaluing the pension portion of retirement
  2. Reducing special education payments
  3. Refinancing bonds
  4. Eliminating new categoricals

Also, language was added stating that when the 20th of the month falls on the weekend, school aid payments will be made on the Monday following the 20th rather than the Friday preceding the 20th.  This would create a delayed payment in May.  The bill was sent to the Governor and enrolled on April 27.
 
The Senate Education Appropriations subcommittee took public testimony on HB 4359, the School Aid budget bill for 2007-08 and HB 4346, the Department of Education budget bill for 2007-08.  This committee is just preparing for future budget action with these hearings.

The Senate Education Committee reported out SB 70, introduced by Sen. Cassis.  This bill will postpone from July 2007 to July 2008 a new requirement that all teachers must take a 3-hour course on the identification and remediation of reading problems in order to be certified.  It also allows teachers to complete the requirement either during their regular degree-granting program or as part of their continuing education program.  The bill is on the Senate calendar, and passage is expected next week.

The Committee also reported out SB 403, introduced by Rep. Kuipers.  This bill would allow a high school student who transfers to a public school from an out-of-state school or a non-public school to have a modified program of graduation requirements.  This is only available if the student has completed the equivalent of 2 years of high school in the out-of-state or non-public school, their modified  "personal curriculum" incorporates as much of the core content standards as possible, and a civics class is a part of the personal curriculum.  Additionally, the personal curriculum must include a math class to be taken in the senior year.  The course to be taken is determined by how long the student has left before graduation and the level of mastery attained by the student prior to transferring.  The bill is on the Senate calendar, and passage is expected next week.

House
The full House approved HB 4591, introduced by Rep. Hopgood.  The bill requires the Department of Education to establish a teacher certification database by July 1, 2010.  The database would allow teachers to renew certification online, as well as keep information on each teacher's professional development activity.

The bill also creates increased certification fees for certificates and endorsements and uses some of that revenue to establish the database referenced above.  The bill is now in the Senate Education Committee.

The House Education Committee reported out HB 4595, introduced by Rep. Angerer.  The bill allows a Michigan resident who attends high school outside the state but who takes the Michigan Merit exam to be eligible for the Michigan Promise Award.  The bill is on the House calendar, and passage is expected soon.

The committee also heard testimony from the Department of Education on the merits and drawbacks of mandatory kindergarten.  It is believed that all school districts offer kindergarten, and that 98% of the student population attends kindergarten prior to entering first grade.  The testimony indicated that problems might arise if a full-day kindergarten program becomes mandatory.  This issue will be discussed further in the future.  A workgroup has been established to discuss direction in this area.

Coming Up the Week of April 30

Tuesday, May 1 - The House Labor Committee is looking at HB 4355, introduced by Rep. Meisner.  This bill amends the Public Employees Relations Act (PERA) to remove third-party contracting from the list of prohibited bargaining areas.  This means each time a school district wants to contract with a third party for activities other than instructional that decision would be subject to collective bargaining.

The House Tax Policy Committee is looking at five bills introduced to replace the single business tax scheduled to expire at the end of this year.

The Senate Education Appropriations Subcommittee is scheduled to take testimony from Henry Ford Community College on the Health/Science Middle College and from MDE on testing.  Public testimony will be taken if time permits.

Wednesday, May 2 - The House Tax Policy Committee is scheduled to continue discussion on the five bills introduced to replace the single business tax that is scheduled to expire at the end of this year.


Legislative Update from the Week of April 16-20, 2007
Volume 3, Number 15
by Nancy Stanley
nancy@memspa.org


Legislative News in Brief
2006-07 Budget - The House took a small step toward resolving the current-year budget crunch.  The full House rejected SB 220, the Senate bill that reduced spending in various departments (called a "negative supplemental") and SB 221, the Senate bill modifying the School Aid Act, and passed its own negative supplemental and School Aid bill (see below).  The bill has gone back to the Senate for further action.  Additionally, key legislators continue to talk about the best way to meet budget demands for 2006-07. 

The May Revenue Consensus meeting is scheduled for May 18, and it will be then that further cuts will likely be necessary.

Delayed State Aid Payment - Legislation has not yet been passed to implement a delayed state school aid payment in May.  Until that occurs, the current payment schedule remains in place.

Insurance Pooling - The Senate held a press conference to outline new bills introduced that would allow insurance pooling for all governmental entities (schools, colleges and municipalities).  Key education and municipal representatives took part in the press conference including MEMSPA, AFT Michigan, MASA, MASB, UAW and AFL-CIO.  Details below.

Legislative Hearings and Action

Senate
Four bills were introduced in the Senate (SBs 418-421) that would create a statewide catastrophic claims pool and would also allow governmental entities to pool for the purpose of health insurance.  They would also require current insurers to release claims data for the purpose of allowing insurance bidding within the pools. The bills were sent to the Senate Local, Urban and State Affairs Committee, chaired by Sen. Van Woerkom (who co-sponsored all of the bills.)

The Senate Education Committee heard testimony from universities on emergency preparedness plans they have made.  They also asked universities for input on laws that might be necessary to make campuses more secure.

The Senate Education Appropriation subcommittee heard testimony from the Department of Management and Budget on the Governor's school aid and Department of Education budget bills.

House
The full House approved SB 221 (H-3), introduced by Sen. Jelinik.  This bill addresses the shortfall in the current School Aid budget by:

  1. Revaluing the pension portion of retirement
  2. Reducing the foundation grant by about $12.50 per pupil
  3. Reducing special education payments
  4. Refinancing bonds
  5. Eliminating new categoricals

Also, language was added stating that when the 20th of the month falls on the weekend, school aid payments will be made on the Monday following the 20th, rather than the Friday preceding the 20th.  This would address the May delayed payment issue noted above.

This bill will now go to the Senate where it may or may not be approved.  It will be a part of the budget negotiations that are ongoing.

The House Education Committee took testimony on compulsory attendance from age 5 to 18.  A workgroup (or workgroups) will be assembled to work on both ends of this issue; requiring students to begin attending school at age 5 and remaining in school until age 18.

Coming Up the Week of April 23

The House Education Committee is scheduled to meet on HB 4595, introduced by Rep. Angerer.  The bill deals with modifications to the Michigan Promise Award.

The Senate Education Appropriations Subcommittee is scheduled to take public testimony on HB 4359 the School Aid budget bill for 2007-08 and HB 4346, the Department of Education budget bill for 2007-08.  These budget meetings are schedule through May 15.


Legislative Update from the Weeks of April 2-6 & 9-13
Volume 3, Number 14
by Nancy Stanley
nancy@memspa.org


Legislative News
The House and Senate are on spring recess during the weeks of April 2 and 9.  Both chambers were scheduled to meet once during the break, but there was no action taken by either the full House or Senate.

Talks on how to balance the state budget are continuing, and new proposals have been floated almost daily.  When a proposal that can garner enough votes in the House and Senate to pass is reached, the logjam should break and bills for balancing the budget this year will begin to move.  At that time, members will begin working in earnest to solve the budget problems of next year.  Naturally, the deal that is struck will have to contain elements of revenue, reductions and reform in order to pass.  Nothing significant will move in the House or Senate until the week of April 16 at the earliest, and even that date is optimistic.

Delayed State Aid Payment - To address the state cash flow problem, it has been determined that the May 18 state aid payment will be delayed until May 21.  This may negatively impact those school districts with a cash flow problem themselves if May 18 happens to be a payday for them.

Pro-ration Letter - Letters have been sent to school districts indicating a pro-ration letter will be sent to the legislature on May 1 if the budget crisis for this year has not been solved.  This could mean a reduction in the foundation grant of around $85 per pupil.  If this is taken out over the last three state aid payments, the actual cut is over $300 per pupil in each of the three payments.  The Governor is hoping that the knowledge of a possible foundation cut will motivate educators to communicate with their legislators.

School Aid Budget - The most significant action taken during the break was the movement of HB 4359, the House version of the 2007-08 school aid bill, from the House Education Appropriations subcommittee to the full Appropriations Committee.  A meeting of the House full Appropriations Committee on this bill has not yet been scheduled.  (Highlights of this new school aid bill are at the end of this Update.)

Interestingly enough, however, the Senate has scheduled a hearing on the House version of the bill on April 17, even though the Senate is not in possession of the bill.

House - During the week of April 2, the House Education Committee met and discussed consolidation of services.  Additionally, HB 4592 was introduced by Rep. Melton on this topic.  Further discussions are expected in the near future.

HB 4591 was introduced by Rep. Hopgood and taken up the week of April 9.  This bill sets new teacher and administrator certification fees.  The bill was reported out of the committee and will likely see floor action the week of April 16.

Also discussed during the week of April 9 in the House Education Committee was increasing the compulsory attendance age to 18 (HB 4042, introduced by Rep. Lemmons).  There was a great deal of testimony on this issue, and a workgroup was formed to answer some of the questions raised and modify the bill as introduced.

MEMSPA has taken the position of supporting the MASSP position on this topic.  At this time, MASSP has taken the position that legislation must contain the following components:

  • A phase-in period
  • A way to enforce attendance
  • Access to alternative programs by students
  • Funding for alternative programs
  • Future state policies that continue support for the school community and allows enforcement of student expectations that lead to a safe and orderly learning environment for all students

Coming Up the Week of April 16

Tuesday, April 17 - The House Education Committee is scheduled to meet and discuss Junior Achievement, Kindergarten Attendance Requirements and HB 4593, introduced by Rep. Melton.  This bill amends the Public School Retirement Act to allow retired school employees in shortage areas to teach as a retiree for up to 10 years as opposed to the current 6-year maximum.

The Senate Education Appropriations subcommittee is scheduled to begin looking at HB 4346, the Department of Education funding bill and HB 4359, the School Aid bill for 2007-08.

HB 4359 (H-1) - House Education Appropriations Subcommittee Budget Recommendation - This bill includes those programs the House would like to include in funding for the 2007-08 school year.  Many adjustments to this budget are likely to occur once the full House and Senate know what will be done to solve the 2006-07 budget and what will replace the Single Business Tax.

Highlights of HB 4359 (H-1)

  1. A foundation grant increase of $100 per pupil
  2. An equity payment of up to $100 for districts with a foundation grant of $7,669 or less
  3. An increase from $20 million to $36 million in declining enrollment
  4. Two new full-day preschool programs - one for at-risk students and one for the general population funded at $87.3 million each
  5. Increases totaling over $30 million in various school readiness and early childhood programs (Secs. 32b, c, d, j and l)
  6. $38 million to create new digital learning environments (iPod controversy)
  7. $20 million in new transportation grants
  8. $2 million for more health/science middle college programs
  9. $2 million for Amer-I-Can life-management skills (for Detroit and Grand Rapids)
  10. $500,000 for a post secondary attainment pilot at Macomb ISD

The new programs listed above are predicated on the following:

  • revaluing MPSERS pension funds
  • restructuring the debt service for the Durant bonds (which will cost $49 million in the future to receive $81 million now)
  • no increases for ISDs
  • the elimination of over $26 million in current categorical programs
  • a reduction to Michigan Virtual High School

At this point in time, a more realistic scenario for school funding would be a flat budget with no increases and no new programs.


Legislative Update from the Week of March 26-30
Volume 3, Number 13
by Nancy Stanley
nancy@memspa.org


Legislative News

Things are heating up in the Legislature.  Both the House and Senate are scheduled for spring break during the weeks of April 2 and 9.  The House has scheduled a few committee meetings for April 3, 4 and 5 and session for April 5.  The Senate has scheduled session for April 4, but no committee meetings are scheduled at this time.

While a lot is being proposed, there has been no agreement on a way to settle the current year budget shortfall.  Revenue keeps declining, and the state has a cash flow problem of about $400 million that could force drastic measures by May 1.  (The impact on education would be less drastic than it would be on state agencies because of the reliance on a restricted school aid fund, rather than general fund.  No action has been completed to date that would cause a cut in school aid to school districts this year.)

Senate - The Senate Education Committee took testimony on SB 54, introduced by Sen. Whitmer, and SB 367, introduced by Sen. Kuipers.  SB 54 would allow buses and technology expenses to be included in a vote for a sinking fund.  SB 367 would allow a school district to give a different name to the "sinking fund" (such as infrastructure investment fund) when the issue is placed on the ballot.

Strong opponents to the bills (the State Chamber) see this as a massive tax increase.  Proponents of the bills (the school community) see this as a way to free-up precious operating funds to pay for expensive but necessary equipment.

The bills were not reported out of committee, but there will be further discussion after the break.

MEMSPA supports SB 54 and SB 367.

The Senate Education Committee also approved SR 25, introduced by Sen. Allen.  This resolution commemorates Hidden Michigan as the State of Michigan's official children's book.

SR 27, introduced by Sen. Birkholz, is a resolution to urge the Congress of the United States to invest in Head Start and quality childcare.

House - The House Education Committee took testimony from ISD superintendents on ways school districts and ISDs can work cooperatively to help cut costs in schools.  A workgroup is scheduled to meet on Tuesday, April 3, to help determine the best way to assist cooperative efforts in the education community.

The full House approved HB 4091 (H-1), introduced by Rep. Vagozzi, and HB 4162 (H-4), introduced by Rep. Byrnes.  Together, these bills represent the anti-bullying package or Matt's Safe School Law. 

The most significant difference in HB 4162 from the committee-passed version is the inclusion of additional items that must be addressed in the school policy (below in italics) and elimination of specifically named characteristics that might be the brunt of the bullying or harassment.

The H-4 substitute version of HB 4162 that was passed by the House requires a school district to adopt a policy prohibiting harassment or bullying (as defined by the bill) "at school" (again, defined by the bill) within 6 months of the effective date of the bill.  The policy must also address the issues of education, parental involvement, reporting, investigation and intervention.

There must be at least one public hearing on the policy and within 30 days of adoption, the policy must be sent to MDE.  MDE is required, within one year after policies are adopted, to report to the House and Senate Education Committees the status of the implementation of these policies.

"At school" is consistent with other sections of the School Code, meaning it includes "in a classroom, on school premises, on a bus or other school-related vehicle or at a school-sponsored activity or event..."  Added to this definition is the use of telecommunications access devices or service providers owned or under control of the school district, even if the conduct occurs off school premises.

"Bullying or harassment" means any form of abuse including, but not limited to conduct that:

  • Substantially interferes with education opportunities, benefits or programs of one or more pupils
  • Adversely affects the ability of a pupil to participate in or benefit from the school district or public school's education programs or activities by placing the pupil in reasonable fear of physical harm or by causing emotional distress
  • Is reasonably perceived to be motivated by animus or an actual or perceived characteristic
  • Meets the definition of bullying adopted by the State Board on September 12, 2006.

As passed by the House, the H-1 substitute version of HB 4091 requires MDE to develop a model policy and make it available to school districts.  School districts are encouraged to adopt the MDE policy and to work with local law enforcement agencies and parents to implement their policy.  They are also encouraged to let parents know about the policy.

These bills are tie-barred, which means one does not get enacted without the other.

The MEMSPA Legislative Committee has recommended support of these bills with the amendment that the behavior defined as bullying and harassment is "repeated behavior."   MEMSPA will work with the Senate to try to get this change made.

Coming Up the Weeks of April 2 and 9

In spite of the fact the Legislature is scheduled to be on spring break these two weeks, the full Senate is schedule to meet April 4.  The House has committee meetings on April 3, 4, and 5 and session scheduled for April 5.

There will be an Update of education-related activities that take place during these two weeks.


Legislative Update from the Week of March 19-23
Volume 3, Number 12
by Nancy Stanley
nancy@memspa.org

30 Second Special Action Note:  Click here:

https://www.masb.org/forms3/taxpetition.cfm

to sign petition regarding school funding.  Please do it now!

Legislative News

Senate - The Senate started working toward a budget solution for the current  budget.  They engaged in three activities to begin their work.

  1. The Senate Appropriations Committee began by approving an Executive Order issued by the Governor - the Executive Order with $344 million in cuts and delayed payments.  There were no cuts to School Aid in the Executive Order.  This now goes to the House Appropriations Committee for approval, which is expected on Tuesday.
      
  2. The full Senate approved SB 221, by one vote, a modification to the School Aid budget that cuts $344 million.  There is a reduction in the total amount of the foundation allowance section of $57.4 million with language that $34 per pupil will be taken from each school district.  However, the foundation allowance itself is not cut.  This will be important when increasing the foundation in the future.

    Other changes in School Aid include adjustments made to MPSERS, the reduction of some categoricals, a reduction to ISDs and other miscellaneous revenue shifts.

    There is still a belief this cut will not occur and schools will be held harmless.  But, this is only a belief, and activity over the next few weeks will help determine the accuracy of this belief.
       
  3. The full Senate made further cuts to non-K-12 programs funded through the general fund.

House - The House Education Committee approved HR 40, introduced by Rep. Clack.  This resolution urges Congress to support and invest in Head Start.

The committee also reported out HB 4091 (H-1), introduced by Rep. Vagozzi, and HB 4162 (H-2), introduced by Rep. Byrnes.  Together, these bills represent the anti-bullying package or Matt's Safe School Act.

The H-2 substitute version of HB 4162 requires a school district to adopt a policy prohibiting harassment or bullying (as defined by the bill) "at school" (again, defined by the bill) within 6 months of the effective date of the bill.

There must be at least one public hearing on the policy and within 30 days of adoption, the policy must be sent to MDE.  MDE is required, within one year after policies are adopted, to report to the House and Senate Education Committees the status of the implementation of these policies.

"At school" is consistent with other sections of the School Code, meaning it includes "in a classroom, on school premises, on a bus or other school-related vehicle or at a school-sponsored activity or event...."  Added to this definition is the use of telecommunications access devices or service providers owned or under control of the school district, even if the conduct occurs off school premises.

"Bullying or harassment" includes the following:

  • Is directed at one or more pupil
  • Substantially interferes with education opportunities, benefits or programs of one or more pupils
  • Adversely affects the ability of a pupil to participate in or benefit from the school district or public school's education programs or activities by placing the pupil in reasonable fear of physical harm or by causing emotional distress
  • Is reasonably perceived to be motivated by an actual or perceived characteristic, such as height, weight, religion, race, color, ancestry, national origin, age, sex, sexual orientation, or gender identity or expression, or by socioeconomic status or is reasonably perceived to be based on association with another person who has or is perceived to have any of these characteristics or any other distinguishing characteristic.

As discussed in committee (H-1 substitute version), HB 4091 requires MDE to develop a model policy and make it available to school districts.  School districts are encouraged to adopt the MDE policy and to work with local law enforcement agencies to implement their policy.

The MEMSPA Legislative Committee has recommended support of these bills with the amendment that the behavior defined as bullying and harassment is "repeated behavior."  An attempt will be made to get this modification made as the bill moves through the full House and the Senate.

The House Education Appropriations subcommittee took testimony on how technology is being handled in some ISDs and school districts.  This committee is waiting for agreement between the Governor, Senate and House on how the budget problems for this year are going to be solved.  The Speaker is saying the budgets will start moving at the end of the first week in April.  Stay tuned.

Coming Up the Week of March 26

Monday, March 26 - The Governor's Education Summit will be held at the Lansing Center.  The theme of the conference is:  "A Vision for Michigan's Future:  Success in Educating All Children." 

Wednesday, March 28 - The Senate Education Committee is scheduled to take testimony on two bills and two resolutions.

SB 54, introduced by Sen. Whitmer, which modifies the use of the Sinking Fund. 

SB 367, introduced by Sen. Kuipers, allows a school district to modify the name of the Sinking Fund to "Infrastructure Investment Fund" or something similar.

SR 25, introduced by Sen. Allen is a resolution commemorating Hidden Michigan as the state of Michigan's official children's book.

SR 27, introduced by Sen. Birkholz, is a resolution to urge the Congress of the United States to invest in Head Start and quality child care (the same as HR 40, above).

There will be much activity in the next few weeks as the legislature attempts to solve the budget crisis for 2006-07 and prepares to act on the 2007-08 budget and eliminate the hole created by the elimination of the single business tax at the end of this year.


Legislative Update from the Week of March 12-16
Volume 3, Number 11
by Nancy Stanley
nancy@memspa.org


Legislative News

Senate - There was no action on the Senate side relative to education.

House - The full House approved HB 4220, introduced by Rep. Espinoza.  This bill would allow a school board member to serve as a volunteer coach or supervisor of a student extracurricular activity if all of the following qualifications are met:

  • The board member receives no compensation.
  • The board member abstains from votes related to the program in which the board member is serving during the period of time for which he/she serves.
  • There is no qualified applicant to fill the position.
  • A criminal history check has been completed and received by the school district.

This bill now goes to the Senate where it may or may not be taken up.

The House Education Committee discussed HB 4091, introduced by Rep. Vagozzi, and HB 4162, introduced by Rep. Byrnes.  Together, these bills represent the anti-bullying package.

As discussed in committee (H-1 substitute version), HB 4162 requires a school district to adopt a policy prohibiting harassment or bullying (as defined by the bill) "at school" (again, defined by the bill) within 6 months of the effective date of the bill.

There must be at least one public hearing on the policy and within 30 days of adoption, the policy must be sent to MDE.  MDE is required, within one year after policies are adopted, to report to the House and Senate Education Committees the status of the implementation of these policies.

"At school" is consistent with other sections of the School Code, meaning it includes "in a classroom, on school premises, on a bus or other school-related vehicle or at a school-sponsored activity or event..."  Added to this definition is the use of telecommunications access devices or service providers owned or under control of the school district, even if the conduct occurs off school premises.

"Bullying or harassment" means conduct that meets all of the following:

  • Is directed at one or more pupil
  • Substantially interferes with education opportunities, benefits or programs of one or more pupils
  • Adversely affects the ability of a pupil to participate in or benefit from the school district or public schools education programs or activities by placing the pupil in reasonable fear of physical harm or by causing emotional distress
  • Is reasonably perceived to be motivated by an actual or perceived characteristic, such as height, weight, religion, race, color, ancestry, national origin, age, sex, sexual orientation, or gender identity or expression, or by socioeconomic status or is reasonably perceived to be based on association with another person who has or is perceived to have any of these characteristics or any other distinguishing characteristic

As discussed in committee (H-1 substitute version), HB 4091 requires MDE to develop a model policy and make it available to school districts.  School districts are encouraged to adopt the MDE policy and to work with local law enforcement agencies to implement their policy.

The House Education Appropriations Subcommittee heard testimony from a representative of the Office of Michigan Public School Employees Retirement Services (MPSERS).  There was also testimony regarding the benefits of early childhood programs.

Coming Up the Week of March 19

Tuesday, March 20 - The House Education Committee is scheduled to continue taking testimony on the anti-bullying package (see above).

Wednesday, March 21 - The House Education Appropriations subcommittee has scheduled a meeting, but the topic of the meeting (other than the general topic of the school aid budget)  has not been posted.

The Senate Education Committee has not yet posted a meeting.

Other Important Events

March 26 - The Governor's Education Summit will be held at the Lansing Center.  The theme of the conference is:  "A Vision for Michigans Future:  Success in Educating All Children."  A registration form is available on the MEMSPA website.

Online petition:  One quick way to let your legislator know you support the Governor's tax proposal and that education, health and other programs are in jeopardy without more revenue, go to https://www.masb.org/forms3/taxpetition.cfm and sign the petition.  This should only take a minute but could help immensely.


Legislative Update from the Week of March 5-9
Volume 3, Number 10
by Nancy Stanley
nancy@memspa.org

Communication to MEMSPA Members

Letters:  Legislators are indicating they have received some communication from individuals asking for a solution to the state-funding crisis.  If you have not yet communicated with your senator and representative, it is not too late to do so.  Message points can be found here.

Online petition:  One quick way to let your legislator know you support the Governor's tax proposal and that education, health and other programs are in jeopardy without more revenue, go to www.masb.org and sign the petition.  This should only take a minute but could help immensely. 

Legislative News
Senate - There was no action on the Senate side relative to education.

House - The House Education Committee met and reported out HB 4220, introduced by Rep. Espinoza.  This bill allows school board members to act as uncompensated volunteers in a school district in a position such as a coach. 

This is a re-introduction of a bill from last session that received a hearing in the House, but did not pass the Senate.

The House Education Appropriations Subcommittee met and continued to discuss the School Aid bill and problems that may be associated with specific cuts.  The committee is actually waiting to see if a resolution can be reached on the budget.

Washington D.C. - Craig Hubble, MEMSPA Federal Relations Coordinator; Bob Howe, Executive Director and I went to Washington D.C. to the NAESP Federal Relations Conference.  We spent approximately nine hours on Sunday and Monday being briefed and in training.  We spent Tuesday on "the hill" talking to key legislators about federal funding and NCLB (ESEA reauthorization).  The four congressmen/offices we talked to about ESEA reauthorization were very positive about the types of changes we discussed with them.  A briefing paper on ESEA reauthorization can be found at:  http://www.naesp.org/client_files/ESEA-8-06.pdf.  A paper with talking points specific to Michigan will be available soon.

Coming Up the Week of March 12
Tuesday, March 13 - The House Education Committee is scheduled to take testimony on HB 4162, a bill on bullying and harassment introduce by Rep. Byrnes.  Work has been ongoing to make modifications to the bill as it was introduced.  A substitute bill will likely be available at the committee with discussion focusing on the original bill and the substitute.  Watch next week for the content of the substitute bill.

Wednesday, March 14 - The House Education Appropriations Subcommittee is scheduled to hear from a representative from the Office of Michigan Public School Employees Retirement Services (MPSERS) as well as individuals wishing to testify on early childhood.

Thursday, March 15 - The Senate Education Committee agenda has not yet been posted.

Other Important Events
March 26 - The Governor's Summit will be held at the Lansing Center.  The theme of the conference is:  "A Vision for Michigan's Future:  Success in Educating All Children."  A registration form is available on the MEMSPA here.

Legislative Update from the Week of February 26-March 1, 2007
Volume 3, Number 9
by Nancy Stanley
nancy@memspa.org

Senate - There was no action on the Senate side relative to education.

House - The Education Committee met and heard testimony from Leslie Wilson, Director of Freedom to Learn and One-to-One Institute, David Seitz, Apple Computer, Manager of Strategic Initiatives and Bruce Umpstead, the Director of the Department of Technology for the Department of Education.

All three individuals stressed the need for school districts to integrate technology into learning environments.  Michigan is seen as a frontrunner in the area of technology and education because of the high school graduation requirement for an online experience.  However, this mark of distinction could be short-lived if schools don't continue to change.

The Education Appropriations Subcommittee met and discussed the types of cuts available to reduce funding to schools.  The subcommittee then took testimony from individuals representing the school community.  Tom White from MSBO spoke first and was very clear about how devastating any cut to school districts would be at this time of year.  Individuals following Tom's testimony echoed his message.

At this point in time, the subcommittee is meeting in hopes that the message will become real that there is a need for new revenue.  Behind the scenes, the Senate, House and Governor's office are trying to reach an agreement as to how to take care of the budget problems.

The House Food Allergies and Asthma Workgroup met and discussed proposed legislation on the management of students with life-threatening food, insect sting, latex or other life-threatening allergies who are enrolled in schools.  It was determined that the legislation was too prescriptive and would need an appropriation to institute the training requirements.  The draft bill will go back to the bill drafter for changes that might make the likelihood of passage more plausible.

Coming Up the Week of March 5

Sunday, March 4-Wednesday, March 7 - MEMSPA's Executive Director, Bob Howe; the Legislative Chair, Craig Hubble and I will be going to Washington D.C. for the NAESP Federal Relations Conference.  We will be meeting with members of Congress on the federal education budget and No Child Left Behind.  News from that conference will be in the next Update.

Tuesday, March 6 - The House Education Committee is scheduled to take testimony on the bullying legislation. 

Wednesday, March 7 - The House Education Appropriations Subcommittee is scheduled to meet at 9:00 in room 426 of the Capitol.  Testimony will be taken on transportation from districts throughout the state.


Legislative Update from the Week of February 19-23, 2007
Volume 3, Number 8

by Nancy Stanley

Communication to MEMSPA Members

1. Last week you received a survey to complete regarding legislative issues.  We have received 500 responses thus far.  It takes only a few minutes to complete, but the information obtained from this survey is very important to the legislative committee and me as we do our work for you.  So, please take a minute to do the survey.

2. I have attached a letter that was sent to your superintendent and board president last week.  The letter is FYI and does not need any action from you.  MEMSPA just wanted to let you know what is happening relative to revenue and the budget.  I have also attached Key Messages on school funding that were also sent to your superintendent and board president.

Please take a moment of your time to communicate with your senator and representative using two or three of the messages that resonate most with you.  It does not need to be a long message.  Just an email, phone call or fax would be fine.  Remember to include in your message the notion that any solution needs to include the new three R's for education...Reduction, Revenue and Reform.

3. Legislative Positions:  Support consolidation of services language in the School Aid bill, with modification.

Last week it was reported that the MEMSPA Legislative Committee voted to support the position taken by MASA on the consolidation of services.  MASA voted on Wednesday of last week to support the consolidation of services, but to work with the Governor and legislators on the language in the School Aid budget.  MEMSPA will work with MASA as the language is developed to ensure our continued support.