MFT and SRP Michigan Federation of Teachers & School Related Personnel

 

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2002
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Capitol Report
Email the MFTSRP Legislative office in Lansing at MFTSRP2@aol.com

December 2002

91st Legislative Session Finally Over . . . . MAYBE
Engler Budget-Balancing Plan Approved by Legislature
Substitute Teacher Bill Enacted
State Seeking Middle School Environmental Quality Curriculum
Before- and After-School Child Care
Enacted Legislation During Lame Duck Session
Legislation Fended Off For Now
Lobby Day 2003--Tuesday, March 18

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

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91st Legislative Session Finally Over . . . . MAYBE

After a particularly rancorous lame duck session, the state legislature adjourned for the year on December 14. However, the Senate may return to pass a particularly damaging bill, Senate Bill 143, at the behest of the Governor.

Senate Majority Leader Dan DeGrow (R-Port Huron) will decide Thursday whether to call the Senate back into session on December 30 to hold a vote on Senate Bill 143, which would allow 15 new charter schools in Detroit over the next five years.

These discussions follow the contentious legislative session that ended early Saturday morning when a fed-up Senate decided to go home for the year instead of waiting to see if the House could pass a charter school expansion bill.

This bill would:

  • Remove the governor's appointee on the Detroit school board and replace that position with a mayoral appointment, making the board entirely appointed by the mayor.


  • Make the mayor of Detroit an authorizer of charter schools in Detroit.


  • Require the mayor of Detroit to authorize 3 charter schools in Detroit every year for 5 years.


  • Pay the district $2.5 million each year for 3 years to compensate them for the student loss. (District estimates a loss of $56 million)
Senate Bill 143 does not provide additional oversight of charter schools, nor does it provide funds to provide oversight already mandated in statute. This bill does not close the Bay Mills loophole, which allows them unlimited chartering ability across the state.

Democratic Representatives Daniels, Garza, McConico, Lemmons, Rivet, Stallworth, and Switalski joined 49 House Republicans to reach the necessary 56 votes needed for passage of Senate Bill 143.

HB 4800, the charter school expansion bill you have heard so much about, essentially died when the house could not pass it out of their chamber early last week.

Action Needed: Contact your State Senator and ask for a "NO" vote on Senate Bill 143.
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Engler Budget-Balancing Plan Approved by Legislature

Engler's $460 million budget-balancing plan has been approved by the House and Senate. Executive Order 2002-22 reductions total $337 million. The supplemental appropriations bill (HB 5705) generates an additional $64 million in savings. The enactment of a statutory change to the Retired State Employees Health Prefunding generates an additional $58 million.

Highlights of the $337 million budget cuts include:

Higher Education: A 2 percent reduction in spending for the state's 15 universities and 29 community colleges. Savings: $42 million.

Revenue Sharing: A 3.5 percent cut in revenue sharing to local communities, affecting police and fire protection, road repairs, garbage pickup and other services. Savings: $53 million.

Merit Scholarships: Spread payments of $2,500 merit scholarship awards to students over two years instead of one. Savings: $50 million.

Department Cuts: A 2.5 percent reduction in spending for most state departments. Exceptions: 1.5 percent for state police and 1 percent for prisons, welfare and military affairs. Savings: $107 million.

The remaining $123 million needed to balance the budget comes from spending deferrals and transfer of money from other accounts into the state's general fund.

Michigan, unlike the federal government, has a constitutional requirement to balance its budget. The Executive Order reduction of $377 million required only a majority approval from the Senate and House Appropriations Committees. The supplemental appropriations bill containing the $64 million in state agency cuts required a vote of the full House and Senate. The enactment of a statutory change to shift $58 million from a retired state employees health benefits account to the general fund completed the budget-balancing plan.

Financial experts say Michigan faces a budget shortfall of about $1.8 billion in 2003-04. That problem will be left for Governor-elect Jennifer Granholm on January 1.
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Substitute Teacher Bill Enacted

Despite our extreme efforts lobbying against Senate Bill 213, the House passed the substitute teacher bill by a vote of 56 to 49 during the last week of session. We really appreciate the assistance received from our members in contacting their Legislators regarding this piece of legislation.

Before passage, Senate Bill 213 was amended to exclude all substitute teachers (employed by school districts, intermediate school districts, or employment agencies) who are fulfilling the teaching duties of a teacher who is unable to teach due to terminal illness from the right of first refusal provisions of the Act.

Other provision of Senate Bill 213 remain as follows:
  • School boards are permitted to contract with temporary service agencies for substitute teachers.


  • Substitute teachers hired through temporary agencies are exempt from the School Code's provisions on leave time, salary, and hiring privileges for substitute teachers.


  • Substitute teachers hired through temporary agencies are not eligible to accumulate time toward retirement and will not be members of MPSERS.
Senate Bill 213 will take effect April 1, 2003.
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State Seeking Middle School Environmental Quality Curriculum

The Department of Environmental Quality has released a request for proposals for a middle school curriculum on environmental issues. The winning proposal would receive up to $1 million from the Clean Michigan Initiative to develop the curriculum and related materials to be integrated into middle school programs statewide. The deadline for proposals is Friday, January 10 and copies of the RFP are available on the DEQ Web site (http://www.michigan.gov/deq).
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Oops - 2002 Governor's Cup Awards Correction

We want to apologize to Utica Eisenhower High School (A-349 winners), Cass Technical High School (A-178 winners), and Cedarville High School (D-14 winners) who were inadvertently left off the list of 2002 Governor's Cup Award winners.


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Before- and After-School Child Care

House Bill 5583 (Representative Voorhees) and House Bill 5584 (Representative Jacobs) removed before- and after-school child care from the Department of Consumer and Industry Services and put under the jurisdiction of the Department of Education.

Beginning July 1, 2003, if a school district or intermediate school district operates or contracts for the operation of a before- or after-school program for children in grades K-8 that meet certain criteria, the program would not be defined as a "child care center" (which requires licensure under the child care licensing Act). Listed below are some of the criteria to qualify for this program:
  • A before- or after-school program must have at least two adult program staff members present at all times when children were present. The child to adult program staff member ratio for children in grades K to 3, shall be no greater than the lesser of either 20 children to 1 adult staff member or the average pupil to teacher ratio during school hours in that school district, public school academy, or intermediate school district in regular K to 3 classrooms. For children in grades 4 to 8 the child to adult staff member ratio shall be no greater than the lesser of either 25 children to 1 adult staff member or the average pupil to teacher ratio during school hours in that school district, public school academy, or intermediate school district in regular grade 4 to 8 classrooms.

  • Within three months after beginning work in a program, each adult program staff member must hold valid certification in CPR and basic first aid.

  • A before- or after-school program must to be located in school facilities comparable to rooms used by pupils during the regular school day; and provide daily activities and relationships that offered opportunities for physical, social, and intellectual development.

  • If a district uses its employees to staff the program, it must comply with the Code's requirements to the same extent as if the individual were being hired as a teacher.

  • The board of the school district or intermediate school district or board of directors of the public school academy, in consultation with the director of the program and the principal of the school at which the program is operated, shall develop, adopt, and annually review a policy concerning the program that, at a minimum, addresses safety procedures for the program, including first aid, food safety, discipline, dispensing and storage of medication, and access to student emergency information and telephones.

  • Not later than April 1, 2003, the Department of Education, in consultation with the Department of Consumer and Industry Services, shall develop and make publicly available model standards for before- or after-school programs that address human relationships; indoor environment; outdoor environment; activities; safety, health, and nutrition; and administration.

  • Beginning July 1, 2003, a district or ISD board will have to ensure that any written information published or distributed by the district concerning a before- or after-school program it operates, states whether the program followed or deviated from standards in the state model.

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Enacted Legislation During Lame Duck Session

During the last week of session, Legislators used every device imaginable to pass bills that would die if not acted upon before adjournment. Some of this legislation was good and some bad. Listed below are bills directly affecting education that are await Governor Engler's signature. We want to thank MFT&SRP President David Hecker and DFT President Janna Garrison for lobbying at the Capitol all last week.

MICHIGAN MERIT AWARDS (House Bill 4330, Representative Vander Roest, R-Galesburg) - increases the value of Michigan Merit Awards used by students enrolling in one of five military service academies from $1,000 to $2,500; allows recipients enrolled in military service academies to use the award for reimbursement of application fees; and requires payment of the award in two consecutive annual installments for students graduating after March 1, 2003.

MEAP TESTS (House Bill 5049, Representative Scranton, R-Brighton) - the Department of Treasury must notifying the school district or public school academy of suspected irregularities in the administration of, or preparation of pupils for a MEAP test, and allow at least five business days for school officials to respond before reporting the suspected irregularities to any person or entity not involved in the scoring or administration of the test.

SCHOOL BUILDING CONSTRUCTION (Senate Bill 358, Senator Hammerstrom, R- Temperance) - requires the construction of schools to be regulated under the Construction Codes administrated and enforced by the Department of Consumer and Industry Services, and to be subjected to all necessary inspections.

CRIMINAL SEXUAL CONDUCT (Senate Bill 1127, Senator Emmons, R-Big Rapids) - prohibits as criminal sexual conduct, sexual penetration or sexual contact with another person under the age of 18, if the person accused is a teacher, substitute teacher, or administrator of a public or nonpublic school in which the other person was enrolled.

CPR CERTIFICATION (House Bill 4237, Representative Rocca, R-Sterling Heights) - beginning July 1, 2003, new teachers must to hold valid CPR certification from the American Red Cross, the American Heart Association, or a comparable organization or institution approved by the Department of Education.
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Legislation Fended Off For Now

We successfully lobbied against the detrimental legislation listed below. Just because they did not pass this session does not mean we can let our guard down. Many of these topics will return after the new year when the new legislature convenes. We greatly appreciate your assistance in contacting Legislators on these issues and look forward to your continued support in the coming new year.

CHILD ADVOCATE OFFICE (HB 5967, Hager R-81) - Would have established child advocate office and eliminated the children's ombudsman with full access to all records, subpoena power and the ability to disclose otherwise confidential information if he or she determines that doing so is in the public interest.

UNIVERSITY BOARD ELECTIONS (HB 6483, Koetje R-74) - Would have changed election of the governing boards for Michigan State University, the University of Michigan and Wayne State University from a statewide basis to a district system so that the members of the three elected public university governing boards would run for office from districts instead of on a statewide basis.

CHILD LABOR (HB 4875, Stamas R-98) - Would have changed the number of hours 16- and 17- year-olds can work from 17 to 20 hours per week, or up to 24 hours with parental consent.

CHARTER SCHOOL CAP (HB 4800, Kuipers R-90) - Would have allowed 230 charter school by 2017 and mandated additional charter school oversight without appropriating funding.

DETROIT SCHOOL BOARD REFORM (SB 142) - Would have delayed the citywide referendum on returning to an elected board from 2004 until 2006.

EDUCATIONAL PERFORMANCE CONTRACTS (HB 4760, Meyer R-84) and (HB 4761, Kuipers R-90) - Would have allowed for educational flexibility and empowerment contracts with measurable goals waiving certain school code and school aid requirements.

FAILING SCHOOLS (SB 473, Stille R-32) - Would have provided for school district accountability measures for priority school districts.

SCHOOL BOARD ELECTIONS (SB 438, Steil R-30) - Would have required elections of school board members to be held in conjunction with general elections and makes other revisions in school elections.

ELECTION REFORM (SB 439, Hammerstrom R-17) - Would have limited the number of election days per year.

SCHOOL ELECTION (SB 440, Steil R-30) - Would have regulated school elections.

COMMUNITY COLLEGE ELECTIONS (SB 444, Bennett R-8) - Would have revised procedures for scheduling, conducting, and canvassing of community college elections.

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ANNOUNCING...
LOBBY DAY 2003
TUESDAY, MARCH 18

LUNCH WITH YOUR LEGISLATORS
FOLLOWED BY
LEGISLATIVE PANEL

All members welcome!
Coach Transportation from Detroit Area and Northern Michigan

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Update:
December 20, 2002
© 2002 MFT&SRP