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

June 2002

Charter Schools Lack Oversight
Inkster School Review Team Appointed
Highland Park Consolidation Plan Announced
Senate Bill 1137 and 142 would Improve School Infrastructure
New Teacher Training in First Aid and CPR
Student Directory Information


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may be found on the Legislative Hotline page of this website.

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Charter Schools Lack Oversight

An Auditor General report [#3113501 - Performance Audit - Office of Education Options (72KB)] released on June 14, covering November 2000 through March 2002, stated that the Department of Education has done little to oversee creation or operation of Michigan's 189 charter schools.

Among the findings of the audit of seven charter authorizers and 22 charter schools:
  • More than a quarter of teachers at the schools audited were not properly certified.


  • Required state and federal criminal background checks had not been requested for one-third to nearly one-half of teachers and administrators employed by the schools that were audited.
  • The auditor found several conflicts of interest, where charter school board members or employees had an interest in companies that had contracts with the school. And at one school, the board president was married to the charter school superintendent.


  • Sanitation and building inspections of schools were sometimes not conducted.


  • Five of the twenty-two charters audited were housed in poorly maintained buildings and included safety hazards that posed a risk to students, such as locked fire exits.


  • Six charter schools in the audit may have violated church-state separation provisions in the State and United States constitutions, including morning prayers, posted religious references, and graduation ceremonies held at churches.


  • The department did not submit annual reports on charter schools to the Legislature as required by law.
According to the AFT, Michigan is third behind Arizona and California in the number of charter schools and has more company-operated charter schools than any other state. Michigan's charter schools have been studied more than any other state in the nation. Research indicates that charter schools are not performing as well as their host districts.

Superintendent of Public Instruction Tom Watkins had asked the Legislature to delay their vote on House Bill 4800, which would increase both oversight responsibilities of and the number of charter schools in the state, until legislators have time to review the charter school audit. Mr. Watkins said the department needs additional staff and resources to meet the oversight requirements outlined in the bill.

According to the department, it currently has 3.5 employees and a $500,000 budget to oversee the public academy chartering agents, and some of that money was shifted to other programs. At least two of those staffers will be leaving later this year under the state's early retirement plan. The department has asked for 6 1/2 more employees. Central Michigan University has reportedly 65 people assigned to oversee the number of schools it has chartered. The department as a whole, at 311 people, is about 150 short of what it needs to do the work assigned to it. Seventy-four of those current employees are seeking early retirement.

House Bill 4800 is currently on the House floor where a vote can be taken at any time. The MFT&SRP still opposes House Bill 4800 due to the 230 increase in charter schools and the inability of oversight by the Michigan Department of Education.
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Inkster School Review Team Appointed

On June 14, Governor John Engler appointed a five-member team to review the finances of the Inkster School District. Superintendent Tom Watkins requested the investigation to look into financial problems and disagreements between the district and Edison Schools, Incorporated, a management company contracted to manage the district in 1999.

The five members of the review team are:
  • Doug Roberts of East Lansing, State Treasurer and Team Chair;
  • Duane Berger of East Lansing, director of the State Department of Management and Budget;
  • Bruce Seymore of Port Huron, the retired former director of finance for Port Huron;
  • Robert Queller of Harper Woods, the retired former vice president and executive director of the Citizens Research Council of Michigan;
  • Tom Watkins, State Superintendent of Public Instruction.
The review team will have until June 30 to issue its findings to the Governor and the State Board of Education. At that point, Watkins will have another 30 days to decide what action to take. At President Hecker's request, leadership of the MFT&SRP and Inkster school unions will meet with State Treasurer Doug Roberts this week.
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Highland Park Consolidation Plan Announced

On June 13, Governor Engler announced a proposal to combine the operations of the city and the schools into one consolidated governance unit led by a chief executive officer (CEO). Through the consolidation, all the public assets of the community would be gathered so that, in combination, there would be sufficient resources to address the financial emergency and to reduce the cost and inefficiencies of duplicated governmental services.

The Governor also stressed that this consolidation would not reduce the amount dedicated to educating the children of Highland Park because the proposal would ban the use of school funds for paying city debts. He emphasized that financial savings generated by the consolidation would come from streamlining operations, such as human resources and purchasing, that are performed by both the city and school district.

The key provisions of the proposal are:
  • A CEO will be appointed by the Governor for a five-year appointment;


  • The CEO will run the combined operations of the city and schools;


  • The CEO is to be authorized to deal with all contractual issues facing both the city and schools;


  • A citizen advisory council (CAC) will be formed to assist the city-school CEO;


  • Highland Park's elected school board will continue to function in an advisory capacity; and


  • The State of Michigan shall be authorized to enter into cooperative agreements to assist the combined city-school structure with management of the city resources.
The Governor's proposal requires legislative approval, and he called for that approval before the legislature breaks for its summer recess. The MFT&SRP is opposed to this legislation because it does nothing to improve education for Highland Park's children. At that this time there is no legislative action on this issues.
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Senate Bill 1137 and 142 would Improve School Infrastructure

Senate Bill 1137 (Stille, R-Spring Lake) would create the "Michigan School Infrastructure Improvement Bond Authorization Act" to require the State to issue up to $1 billion of general obligation bonds to finance infrastructure improvements at Michigan public schools, subject to state-wide voter approval.

Senate Bill 142 (Bennett, R-Canton) would provide for the State's issuance of the bonds and to create the "Michigan School Infrastructure Improvement Bond Fund," which would have to be used to purchase interest-free bonds from school districts and make interest-free loans to public school academies for the acquisition, construction, or major renovation of school buildings.

The system is created as follows:
  • Districts are set up in quintiles based on the taxable value per student in the district.


  • The lowest 20 percent in taxable value would be eligible to borrow 100 percent of the project cost interest free.


  • The lowest 40 percent in taxable value, but not below 20 percent, would be eligible to borrow 75 percent of the project cost interest free.


  • The lowest 60 percent in taxable value, but not below 40 percent, would be eligible to borrow 50 percent of the projected cost interest fee.


  • The lowest 80 percent in taxable value, but not below 60 percent, would be eligible to borrow 25 percent of the project cost interest free.


  • The highest 20 percent in taxable value would be eligible to borrow 10 percent of the project cost interest free.
School districts with the lowest one percent of taxable value per student would be able to apply separately for state financing of a school construction project. This would allow these districts to pass a bond issue with a minimal level of millage approved by the votes and have the state jointly own the building until the district could pay off the loan at that millage level. This system of funding is set up for those district that could not pay back a bond issued in the 20-year period, even with 100 percent of interest costs paid for.

Another separate provision allows public school academies to receive up to $40 million in interest- free loans for infrastructure. The funds would be distributed to public school academies in an amount not to exceed $581 per student. These schools would also have to enter into an agreement with the Department of Treasury regarding the term of the loan and manner of repayment.

Senate Bill 1137 and 142 were substituted on the floor of the Senate and passed. They are currently before the House Committee on Commerce. If the bills do not pass the House by summer recess, the school bond question will not make the November 2002 ballot.
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New Teacher Training in First Aid and CPR

House Bill 4237 (Rocca, R-Sterling Heights) would prohibit the Superintendent of Public Instruction from issuing an initial teaching certificate to a person unless that person presented evidence that he or she had successfully completed a course in first aid and cardiopulmonary resuscitation (CPR). The new requirement would begin July 1, 2003.

Under the bill, new teachers would have to hold valid certification from the American Red Cross, the American Heart Association, or a comparable organization or institution approved by the Department of Education. A person would have to have successfully completed a Department- approved course in first aid and CPR, including a test demonstration on a mannequin, as well as instruction approved by the Department in foreign body airway obstruction management. A person would be exempt from this requirement if he or she had physical limitations that made it impracticable for him or her to complete the instruction and obtain the required certification.

A person who met the requirements of the bill and who performed first aid, CPR, or foreign body airway obstruction management on another person in the course of his or her employment as a teacher would not be liable in a civil suit for damages resulting from an act or omission occurring in that performance, except an act or omission that constituted gross negligence or willful and wanton misconduct.

House Bill 4237 passed the House, but was substituted in the Senate Education Committee. The bill must be passed by the full Senate before it goes back to the House for their consideration.
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Student Directory Information

House Bill 4874 (Stamas, R-Midland) has been signed to become Public Act 437 of 2002. This Act amends the Freedom of Information Act to allow a public body to exempt from disclosure under the Act "directory information" as defined in the Family Educational Rights and Privacy Act.

A local or intermediate school district or a public school academy shall exempt from disclosure directory information as defined by the Family Educational Rights and Privacy Act of 1974, requested for the purpose of surveys, marketing, or solicitation.

The school district may release directory information if they determine that the use is consistent with the educational mission of the district and is beneficial to the affected students. A local or intermediate school district or a public school academy may take steps to ensure that directory information disclosed shall not be used, rented, or sold for purposes of surveys, marketing, or solicitation.

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Update:
July 13, 2002
© 2002 MFT&SRP