Louisiana Federation of Teachers

Weekly Legislative Digest

Now available on the Web at http://la.aft.org

Check out all things legislative on the LFT’s Legislative Resource Page!

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Senate panel approves $3.5 billion MFP

Monaghan: Fear drives acceptance of this formula

Two weeks after the Senate Education Committee deferred public education’s $3.5 billion Minimum Foundation Program, the spending formula returned to the same panel with a very different result. In the interim, the Board of Elementary and Secondary Education met to strip a recurring 2.75% growth factor from the formula.

That, along with a couple of other amendments, was enough to satisfy the objection of Senate Education Committee Chairman Conrad Appel (R-Metairie), who had deferred his own SCR 55 over the issue.

LFT President Steve Monaghan acknowledged that the resolution now probably has enough support to win legislative approval. However, he said, the Federation has a number of concerns about the spending plan.

“Fear drives acceptance” of the MFP, Monaghan told the panel. Lawmakers and educators alike worry that if no formula is adopted this year, K-12 education could experience drastic cuts next year. A deficit of between $400 million and $1 billion is being predicted because budgetary tricks over the past few years have masked the state’s true fiscal picture.

Monaghan said the failure to approve an annual 2.75% growth factor practically guarantees that the increase will not be reflected in future formulas.

The LFT president commended BESE for including a continuance of last year’s one-time pay raise for teachers, but noted that it amounted to between $190 and $1,200 per teacher, paltry when considering that there have been no state teacher raises since 2008.

However, Monaghan said, it is shameful that the state has granted no pay raises for school support staff, many of whom earn between $12,000 and $17,000 per year.

Retired special education teacher Mike Myers said the proposed MFP shortchanges special education services by requiring districts to compete for $8 million for severely impaired students.

The LFT was the only organization to speak on the proposed MFP formula.

Superintendent of Education John White told BESE that the new formula “undoes” amendments to the state budget that were reported in last week’s LFT Legislative Digest, including the diversion of an increase in voucher spending for the purchase of computers for schools.

The plan also deletes funding for state schools, including the Louisiana School for Math Science and the Arts and the New Orleans Center for Creative Arts from the formula. They will be funded through a line item in the state budget.

Depending on the outcome of another bill, the MFP will allow local school districts to determine whether or not providers of controversial “course choice” options will be funded through the formula.

New Orleans charter board agrees to negotiate contract

The board of one of America’s highest performing high schools has agreed to negotiate a collective bargaining agreement with teachers. On Thursday night, Benjamin Franklin High School in New Orleans became the city’s second charter school to embrace the collective voice of their teaching staff by formally recognizing a union.

“This is an encouraging sign that great things can be accomplished when people of good will work together in the best interest of students, teachers and our schools,” said Louisiana Federation of Teachers President Steve Monaghan. “Both the faculty and the school board are to be congratulated. Overwhelming majorities of both have embraced a formal relationship with the best interest of their students in clear focus.”

Franklin’s governing board voted 9-1 to negotiate with the school’s chapter of the United Teachers of New Orleans, an LFT affiliate. The vote came several weeks after teachers presented a petition signed by more than 85 percent of the faculty asking for recognition and a collective bargaining agreement.

Larry Carter, President of United Teachers of New Orleans, praised the teachers at Franklin for their courage.  “It can be very intimidating to speak publicly about issues at your school,” he said. “I admire the tenacity and strength the teachers at Franklin demonstrated last evening.”

A math teacher at the school, Mark Quirk, praised Franklin’s leadership for its decision. “The board’s name is Advocates for Academic Excellence in Education and they lived up to that name,” Quirk said. “We look forward to working with the board and administration to maintain Franklin as the best public high school in the state.”

Bill limiting teacher arrests proceeds

An LFT-sponsored bill prohibiting the arrest of teachers at school for minor offenses was approved by the Senate Judiciary A Committee.

HB 1108 by Rep. Terry Landry (D-New Iberia) was filed in response to an incident in a Baker school, in which a teacher was handcuffed and taken to jail after tugging on the shirt tail of a student who refused to follow a school policy.

East Baton Rouge Federation of Teachers President Carnell Washington said it was a travesty of justice to jail a teacher for simply telling a student to tuck in his shirt tail.

The bill says that teachers who are accused of minor offenses cannot be arrested on school grounds, but must be issued summonses instead. The bill does not apply to serious offenses or injuries to students.

The bill will move to the Senate floor for further action.

Bill to halt charter abuse dies in committee

The Senate Education Committee – becoming known as the place where good bills go to die – killed a bill aimed at restoring local control to the approval of some charter schools.

HB 703 by Rep. John Bel Edwards (D-Amite) would have prohibited the Board of Elementary and Secondary Education from approving charter schools that had been denied by school boards in districts with grades of A, B or C.

The bill had been approved by the House Education Committee, and was passed by the full House.

Pleading for his bill before the Senate committee, Rep. Edwards said HB 703 is “not an anti-charter bill. It just changes who makes the decision (to issue a charter) under certain circumstances.”

Rep. Edwards pointed to Lafayette Parish, a B graded district in which the school board had rejected a charter school application. The decision was overridden by BESE, which is widely seen as having a blatant pro-charter bias.

When BESE can overrule a high-performing school district, Rep. Edwards said, it removes any incentive for charter applicants to cooperate with the local school board.

“This is a modest bill just asking for some trust in local school boards,” said Rep. Edwards.

The committee voted unanimously to defer the bill.

Committee approves change to sick leave rule

A common-sense change to the state’s extended sick leave law was approved by the House Education Committee and sent to the floor for a vote.

Under current law, teachers have a right to extended sick leave under certain conditions. They may accumulate up to 90 extended sick leave days in a six-year period, and may use them at a reduced salary in 10-day blocks after all their regular sick leave is exhausted.

HB 717 by Rep. Dorothy Sue Hill (D-Dry Creek) would remove the 10-day stipulation. As LFT Legislative Director Mary-Patricia Wray explained to the committee, requiring a teacher to take 10 days of sick leave if only one or two are required makes little sense.

The committee approved the bill without opposition.

Senate panel rejects reverse parent trigger bill

A bill intended to improve a reverse parent trigger law adopted last year was rejected by the Senate Education Committee.

HB 73 by Rep. Ted James (D-Baton Rouge) would have allowed any parent of a school operated by the Recovery School District to petition for the school to be returned to control of the local school district. Under current law, parents may not sign such a petition unless their children have attended the RSD school for at least two years.

Rep. James said the existing law is flawed because the two-year limitation means that parents of children in middle schools, which typically have just three grades, would have little opportunity to act.

The bill is considered a reverse parent trigger because other laws exist which allow for parents to petition the RSD to seize control of a district school. Rep. James said his bill is prospective because after next year, there will be no schools directly operated by the RSD, but there could be some in the future.

The committee deferred the bill without objection.

House panel okays restructure of Baton Rouge schools

Despite the strenuous objection of principals, teachers, parents and school boards, the House Education Committee approved a bill that will radically transform the governance of the East Baton Rouge Parish school system.

SB 636 by Sen. Bodi White (R-Central) would create new community school councils and give principals greater authority over personnel decisions, as well as contracting for a range of services. In addition to academic responsibilities, each principal would become the CEO of a school, and would have to arrange for transportation, food service, janitorial and maintenance services, and employee benefits such as health insurance.

Opponents said that the new duties are more efficiently handled by central office administrators. Many believe that the proposed governance system would lead virtually all schools in Baton Rouge to become charters. Some legal experts say the bill may violate a constitutional prohibition on passing bills aimed at changing governance in just one body.

The bill is a mirror image of one by Education Committee Chairman Steve Carter (R-Baton Rouge), which stalled in the committee two weeks ago.

In a related issue, Sen. White shelved his effort to reduce the size of the Baton Rouge school board. White’s SB 672 would have sliced eh board from its current 11 members to nine. The senator said the board is looking at voluntarily redistricting and reducing the number of members, making his bill unnecessary.

Rule making bill moves forward

The public will find it much easier to follow the progress of proposed rules if HB 322 by Rep. Sam Jones (D-Franklin) becomes law.

The bill would require agencies like the Department of Education and Board of Elementary and Secondary Education to clearly post their rulemaking dockets. In the past, it has often been difficult to track a rule change during its promulgation period. That is the time in which the public has the right to comment on the rule before it becomes finally adopted.

HB 322 has been adopted by the House of Representatives, and was approved by the Senate and Governmental Affairs Committee. The bill, which is part of the LFT legislative agenda, will move to the Senate floor for a vote.

Equal pay bill proceeds

SB 322 by Sen. Edwin Murray (D-New Orleans) is an equal pay protection bill that creates a mechanism to enforce equal pay for women. The bill, which is supported by LFT, was approved by the House Labor Committee, and sent to the House floor for a vote.

Truth and transparency bill killed

One bill aimed at making sure appointed officials tell the truth in affidavits was killed in committee this week, but another version of the bill is still awaiting action.

HB 181 by Rep. Randal Gaines (D-LaPlace) was involuntarily deferred by the Senate Judiciary A Committee. It would have prevented appointed officials from falsely certifying that granting an injunction would create a state budget deficit. Under current law, the truthfulness of such an affidavit cannot be questioned in court. HB 181 would have allowed courts to decide if an affidavit is factual.

A similar bill, SB 143 by Sen. Bob Kostelka (R-Monroe), is awaiting action in the House of Representatives.

Bill could double the cost of vouchers

A bill that could drain twice as much money from state coffers as the current voucher scheme was approved by the Senate Revenue and Fiscal Affairs Committee.

HB 780 by Rep. Kirk Talbot (R-Metairie) would allow students who attend private and religious school on vouchers to be eligible instead for participation in a voucher rebate program. The bill could drain more students and their associated funding from public schools.

LFT also opposes this bill because it has no mechanism to audit participating schools.

The bill failed to pass out of the committee on a first vote. But as time passed and some members had to leave, the bill was brought back up and was approved.

Voucher savings bill approved

A voucher-related bill that could save the state some money was approved by the Senate Finance Committee

SB 656 by Sen. Sherri Buffington (R-Keithville) would allow donors to make contributions directly to voucher schools, offsetting the cost of state vouchers. Any money saved as a result would be removed from the Department of Education budget and sent to the state’s over collections fund.

Sex ed bill deferred by House panel

For the fifth year in a row, a bill mandating sex education in public schools was rejected by the House Education Committee.

Rep. Patricia Smith (D-Baton Rouge) said she will continue to bring the issue to the legislature to help staunch Louisiana’s high rate of sexually transmitted diseases and teen pregnancies.

Her HB 369 would have required age-appropriate instruction on human sexuality in grades four through 12, urging students to “make responsible decisions about sexuality and relationships.”

It would have prohibited advocacy of abortion and required teaching abstinence as the most effective was to avoid pregnancy and STDs.

The bill failed on a 3-10 vote.

Senate panel okays unexcused absence bill

A bill that would prohibit including the test scores or other measures of student growth of habitually absent students in teacher evaluations was approved by the Senate Education Committee.

If HB 533 by Rep. Alan Seabaugh (R-Shreveport) becomes law, the scores of students who have 10 or more unexcused absences in a semester could not be counted as part of a teacher’s evaluation.

The bill originally included just test scores. But with the Value Added Model on the shelf for two years, the bill was amended to include any measure of student growth. The bill will be heard next on the Senate floor.

Public school choice bill proceeds

A bill that would allow students in schools with low state-issued grades to transfer to higher rated schools was approved by the House Education committee.

SB 61 by Sen. Ben Nevers (D-Bogalusa) would allow children in schools with grades of D or F to transfer to higher rated schools either inside or outside their district. The receiving schools must be rated A, B or C, and must have space available. An amendment made the bill permissive, if districts agree to allow the transfers.

LFT opposed the bill. President Steve Monaghan said the union does not accept the validity of the grading system, which is subject to manipulation by the State Department of Education. Instead of moving student around, Monaghan said, the state should address issues that lead to low academic performance.

Senate approves “empowered schools”

A bill that would allow one principal in each school system to assume more control of their schools was approved by the Senate and sent to the House for further action.

SB 385 by Sen. Eric LaFleur (D-Ville Platte) allows one principal in each district to declare a school “empowered” so long as the principal is rated highly effective. The principal would then have more control over the budget, scheduling, course offerings and other issues.

Panel okays privatization oversight bill

The privatization of state services will come under closer scrutiny if HB 128 by Rep. Kenny Havard (R-Jackson) completes its legislative journey.

Rep. Havard’s Privatization Review Act would prohibit any state agency from entering into privatization agreements unless the agreements met certain standards, and would subject the contracts to legislative oversight.

The bill was approved without objection by the House and Governmental Affairs Committee.

The Week Ahead

Monday, May 19

Senate Finance Committee: The $3.5 billion Minimum Foundation Program will be on the agenda.

Senate Floor: HB1225 by Rep. Joel Robideaux (R-Lafayette) will be debated for final passage. The bill would pump some future retirement system earnings into the unfunded accrued liability, making it unlikely that COLAs will be granted going forward. LFT opposes this bill, but it is linked to SB19 and SB21 which are supported by LFT. Those provide 1.5% COLAs this year. They have been finally passed and await either signature or veto. But all these bills must be passed (and not vetoed) in order for any of them to go into effect.

HB1108 by Rep. Terry Landry (D-New Iberia) provides for issuance of a summons, not an arrest warrant, in alleged cases of misdemeanor activity of a teacher related to their job duties. This is part of LFT’s legislative agenda.

Wednesday, April 21

House Education Committee: HCR114 by Rep. Patricia Williams will urge and request BESE to create policies that ensure students get enough time to consume lunch. This resolution is in response to shortened lunch periods to make more time for test prep. In high poverty districts, time to eat a nutritious meal is important. This is part of LFT’s legislative agenda.

HB129 by Rep. Kenny Havard (R-Jackson) would prevent charter schools from contracting for operation of the charter school with a for-profit company. LFT supports this bill.

HB947 by Rep. Havard would lower the required percentage of a teacher’s evaluation that is based on Value Added data. LFT supports this bill.

Louisiana Federation of Teachers

Weekly Legislative Digest

Now available on the Web at http://la.aft.org

Check out all things legislative on the LFT’s Legislative Resource Page!

House passes teacher raise, trims vouchers

Taking advantage of a rare opportunity, the House of Representatives put its own stamp on education funding, approving a teacher pay raise and scaling back the amount to be spent on vouchers.

In most years, the legislature’s only option is to accept or reject the spending formula adopted by the Board of Elementary and Secondary Education. Lawmakers may not alter it. But this year the state’s $25 billion operating budget, HB1, hit the House floor while education’s Minimum Foundation Program is held up in the Senate Education Committee.

That opened the way for Rep. John Bel Edwards (D-Amite) to reallocate the $70 million increase in last year’s education budget and require that half of the funds again go to teacher pay raises.

A second amendment by Rep. Edwards allocated $14 million in new funds for the stalled MFP to school boards’ contribution s to state retirement systems.

The third amendment eliminated a proposed 5% per-pupil increase in voucher spending. Instead, the money will be used to purchase technology equipment needed to administer online assessments in third through eighth grade.

The amendments, which had the support of the LFT and school boards, total almost $90 million in renewed and increased support for public schools.

The amended budget passed the House floor on a 65-34 vote.

The ultimate fate of the $3.5 billion MFP is still up in the air. Questions abound about whether or not there is time left in the session for the Board of Elementary and Secondary Education to revise the formula and shepherd it through the legislative process.

Budget takes a slap at PARCC

After being frustrated at several attempts to derail Common Core standards and the related Partnership for Assessment of Readiness for College and Careers (PARCC) test, Rep. Bret Geymann (R-Lake Charles) was able to hit the test where it may hurt most – in the budget.

Geymann convinced his colleagues to adopt an amendment to HB1 requiring competitive bids for any tests designed to assess student achievement in line with Common Core standards.

Rep. Geymann said that although he was unable to stop Common Core in this session, he wants to make sure the state gets the best price possible on what is expected to be an expensive testing regimen.

His final attempt to completely derail PARCC, HB 380, would have prohibited the use of state funds for testing without further legislative approval. That bill failed in the House Appropriations Committee.

Tony Danza gift closes out Teacher Appreciation Week

As we celebrate and close out Teacher Appreciation Week 2014, the American federation of Teachers has a gift for you―actor Tony Danza’s autobiography of his rookie year teaching at Northeast High School in Philadelphia.

The Federation will send a complimentary copy of I’d Like to Apologize to Every Teacher I Ever Had (available while supplies last), courtesy of the AFT and Share My Lesson.

To get your copy, simply fill out this form.

Please note that you will need to include your Share My Lesson username. If you don’t have one, it’s easy to set up a free Share My Lesson account.

House passes due process compromise bill

The House of Representatives passed, without objection, HB 1277 (formerly HB 987) by Rep. Jeff Thompson (R-Bossier City).

The bill is the result of hours of negotiations between the Jindal administration, the LFT and other organizations including the LAE, A+PEL, school board, principals and superintendents.

The bill would replace several sections of law that virtually abolished the due process rights of teachers who were labeled as ineffective under Act 1. No longer would the superintendent have the sole final word on dismissal of teachers. Termination decisions would be reviewed by a hearing officer chosen from a list of qualified persons selected by the school board.

The bill was amended to guarantee that teachers will be notified by certified letter, and that a court reporter will record the proceedings of the hearing.

Common Core bill would freeze letter grades

A bill aimed at extending the implementation of Common Core Curriculum Standards was amended by the House of Representatives to prevent school letter grades from dropping as the new standards go into effect.

As approved by the House Education Committee, HB 953 by Rep. Walt Leger (D-New Orleans) would have simply extended the implementation of Common Core standards for a year past the current deadline. The new standards would go into effect in the 2016-17 school year. Statewide data would be collected from Common Core aligned assessments in the interim in order to establish a baseline.

On the House floor, Rep. John Bel Edwards proposed an amendment to guarantee that school letter grades would not be affected by the assessments during the transition period. His amendment passed by 50-41. The bill was then approved by 66-33.

The House rejected an amendment by Rep. Cameron Henry (R-Metairie) that would have allowed local school districts to substitute other instruments for the controversial PARCC standardized test.

Senate panel approves Value Added review

The Senate Education Committee unanimously approved a bill that would subject the controversial Value Added Model of teacher evaluation to serious review.

HB 415 by Rep. Frank Hoffman (R-West Monroe) would empower a committee to study VAM and ensure that it is a fair and accurate evaluation tool before it is re-implemented in 2015.

Rep. Hoffman said that problems have arisen around the state in which teachers have been given VAM ratings that seem out of line with the achievement of their students. He said that some schools with “A” grades have a high number of “Ineffective” rated teachers, while some graded “D” or “F” by the state have a large number of “Highly Effective” rated teachers.

The bill will convene an existing subcommittee of the accountability commission, including six classroom teachers and a member of the House and Senate. The committee will be expected to issue a report 60 days prior to the start of the 2015 school year.

Common Core assault fizzles in Senate committee

The last of numerous bills aimed at stopping Common Core standards and the associated tests was killed by the Senate Education Committee.

SB 669 by Sen. A.B. Crowe (R-Slidell) would have banned Common Core standards in Louisiana, as well as tests such as PARCC. New state standards would be drafted by a 21-member commission representing teachers, parents, business and religious organizations. The only tests allowed would be LEAP, ACT, NAEP and a new assessment developed by the commission.

Opponents questioned the cost of creating an entirely new set of standards and tests, which has been estimated to be as high as $67 million over five years, as well as the unwieldy process outlined in the bill.

Supporters attacked the credibility of Common Core standards, and noted that some states are backing away from their commitment to the standards

The committee gave supporters of the bill ample time to make their case – testimony lasted more than four hours.

At the end, though, only one of the committee’s seven members, Sen. Elbert Guillory (R-Opelousas), supported Sen. Crowe’s bill.

Observers said the end of legislative efforts to stop Common Core will put increased pressure on Gov. Bobby Jindal to veto further participation. The governor’s office submitted a card of support for SB 669, but sent no one to testify on its behalf.

Parent trigger bill proceeds after re-vote

It took two votes to accomplish, but Rep. Ted James (D-Baton Rouge) prevailed in shepherding an improved parent trigger bill through the House Education Committee.

HB 735 would allow any parent of a student in a school operated by the Recovery School District to petition for the school to be returned to control of the local school district. Under current law, parents may not sign such a petition unless their children have attended the RSD school for at least two years.

In addition, the bill would allow parents to petition for returning schools to local control even if they are slated for conversion to a charter school.

The bill was opposed by the Jindal administration, the Department of Education and charter advocates, but had the full support of the LFT.

Supporters pointed out that schools run by the RSD often have much poorer academic achievement than locally operated schools.

On a first vote, HB 735 failed on a 6-6 tie vote. But it was reconsidered after two more committee members entered the room, and won approval by 8-7.

Panel okays voucher accountability bill

A bill that would make voucher spending more transparent cleared a hurdle when the House and Governmental Affairs Committee approved SB 460 by Sen. Robert Adley (R-Benton).

The bill would require schools that accept voucher funds to maintain separate accounts for the money to facilitate proper auditing.

Outcomes based higher-ed bill proceeds

Over the objection of the LFT, a bill that would create a new funding formula for higher education institutions was approved by the House Education Committee.

SB 377 by Sen. Conrad Appel (R-Metairie) seeks to base the funding that colleges receive on a series of performance measures tied to workforce development, one of the key buzzwords of this year’s legislative session.

LFT President Steve Monaghan said that while the Federation does not oppose the intent of the bill, but has concerns about its unintended consequences. The liberal arts could suffer if workforce concerns dictate the whole higher education budget.

“The need for efficiencies is driving everything,” Monaghan said, “but there is a question of balance…The alignment of workforce concerns could equal the deprivation of funding for other important disciplines.”

Charter school retirement bill moves to committee

Facing time restraints as the session passed its halfway mark, the House Appropriations Committee discharged HB 37 by Rep. Kevin Pearson (R-Slidell) without action, moving it to the House Retirement Committee instead.

The bill would require the Department of Education to ensure that charter schools’ fair share of the retirement system’s unfunded accrued liability by transferring MFP dollars directly to the retirement system. LFT supports the bill.

Rep. Pearson is the chairman of the Retirement Committee.

House okays bill to limit future retirement COLAs

A bill that would severely limit future cost of living adjustments for public retirement system members was unanimously approved by the House of Representatives.

HB 1225 by Rep. Joel Robideaux (R-Lafayette) would require more of future retirement system earnings to go toward reducing the systems’ unfunded accrued liability instead of COLAs. The bill is linked to two COLA bills that are working their way through the legislative system.

In passing the bill, the House rejected a complicated amendment by Rep. Jack Montoucet (D-Crowley) that would have preserved some of the funds for COLAs.

Fair substitute pay bill proceeds

A bill requiring school boards to pay school employees as substitute teachers when called upon was approved by the Senate Education Committee without objection.

HB 242 by Rep. James Ames (D-Leesville) says that if a school employee who earns less than a substitute teacher is asked to sub for an absent teacher, the employee must be paid enough to make up the difference in salary for the time served as a sub.

Bill to restructure Baton Rouge board progresses

A legislative effort to meddle in local affairs that failed in the House of Representatives got new life when the Senate Education Committee unanimously approved SB 672 by Sen. Bodi White (R-Central).

Sen. White’s bill would require the East Baton Rouge Parish School Board to shrink from 11 members to nine or fewer. A mirror image of the bill was defeated in the House of Representatives.

As amended, Sen. White’s plan will become “null and void” if the school board voluntarily redistricts before the next school year.

Acknowledging that that idea has not fared well on the House side, Sen. White simply said, Send it over there and see what happens,”

What happened to the OGB surplus?

The House Appropriations Committee asked – but got few answers – why a $500 million surplus that existed in the Office of Group Benefits just two years ago has dwindled to less than $300 million.

When asked about the loss of some $20 million a month, administration officials said that the solution is to “reduce claim costs.”

Despite the lack of information as to how OGB can continue to operate once the entire surplus is spent, the committee approved the state supplemental budget (HB 262 by Rep. Jim Fannin (R-Jonesboro). The operating budget for the OGB, which provides health insurance for state workers, is funded through this supplemental bill.

The Division of Administration claimed that, through a private/public partnership with Blue Cross Blue Shield, a 19% reduction in administrative costs has been recognized.

One up, many down for TOPS bills

Of the 25 or so bills introduced this year that would change the popular TOPS college scholarship program, only one has made it out of committee thus far.

SB 520 by Sen. Jack Donohue (R-Mandeville) won unanimous approval from the Senate Education Committee. It would require a higher grade point average and ACT score to get the state funding.

Another TOPS bill did not fare as well. HB 1153 by Rep. Joe Harrison (R-Gray) was rejected by the House Education Committee. The bill would have raised the eligibility requirements for obtaining a scholarship. It would also have pegged a college freshman’s payment at 80 percent of tuition, 90 percent for sophomores, 100 percent for juniors and 120 percent for seniors.

Rep. Harrison said that unless changes are made in the TOPS program, it will eventually bankrupt the state. The estimated cost for the tuition program is $235 million next year, and will rise to $300 million in the next three years, he said.

The Week Ahead

Monday, May 12

House Floor:

HB 735 by Rep. Ted James (D-Baton Rouge) would expand the right of parents to petition for return of a recovery District school to local control. This bill is part of LFT’s legislative agenda.

Tuesday, May 13

House Floor:

SB 19 and SB 21 by Sen. Elbert Guillory will be heard, providing cost of living adjustments for retired teachers and school employees.

HB 38 by Rep. Kevin Pearson (R-Slidell), which rises the retirement age for future hires only, is scheduled for concurrence, the last step in the passage process.

House Education Committee:

SB 636 by Sen. Bodi White (R-Baton Rouge) would require the East Baton Rouge Parish School Board to reduce its membership.

House and Governmental Affairs:

HB 128 by Rep. Kenny Havard (R-Jackson) would create more legislative oversight for privatization contracts.

Joint Legislative Committee on the Budget: The panel will meet to review annual reports from the four state retirement systems including TRSL and LSERS.

Wednesday, May 14

House Education Committee:

HB 717 by Rep. Dorothy Sue Hill (D0Dry Creek)Hill will remove the “10 day at a time” requirement for use of extended sick time that exists under current law. The bill is and is part of LFT’s legislative agenda.

Thursday, May 15

House Labor: SB 322 by Sen. Edwin Murray (D-New Orleans) would create enforcement mechanisms for equal pay for women. LFT supports this bill.

Senate Education Committee: HB703 by Rep. John Bel Edwards (D-Amite) would prohibit the Board of Elementary and Secondary Education from approving Type 2 charter schools over the objection of local school boards if the local system has a grade of “C” or better.

CORRECTION: An article in last week’s Legislative Digest reported the vote on HB 451 by Rep. Alan Seabaugh (R-Shreveport) was a 6-6 tie. The actual vote was an 8-8 tie.

Louisiana Federation of Teachers

Weekly Legislative Digest

Now available on the Web at http://la.aft.org

Check out all things legislative on the LFT’s Legislative Resource Page!

Solidarity wins the day for public employees

Thanks in large part to a strong show of unity among public sector employees, an effort to silence the voices of teachers, school employees and other public servants was stopped in its tracks on Wednesday.

HB 451 by Rep. Alan Seabaugh (R-Shreveport) was aimed straight at organizations like the LFT, and would have prohibited teacher unions from collecting member dues through payroll deduction. The attempt to decimate unions was pushed by the Louisiana Association of Business and Industry and a deep-pockets lobby from Washington, D.C., the National Right to Work Committee.

Rep. Seabaugh and a LABI lobbyist feigned innocence, saying the bill was not intended to harm the unions, but simply to free local agencies from the burden of collecting dues.

LFT President Steve Monaghan called them on their tactic, saying “Don’t pretend we’re not being targeted. The voice you wish to suppress is the voice you don’t want to hear.

Opponents believe the bill was filed as retribution for winning lawsuits against vouchers and teacher dismissal policies, for opposing the way that Common Core and standardized testing have been imposed, for questioning the way the Department of Education develops policies in secret and other issues.

“This is a classic case of overreach,” Monaghan said. “You want to take away the voice of public employees through their unions.”

Several members of the committee spoke up for the employees, noting that payroll deduction is a service offered to numerous vendors, including credit unions, insurance companies and others.

Spokesmen for other unions stood united against the assault on teachers and school employees. Chad Major of the firefighters’ union and Chris Stewart of the police union both spoke against the bill, even though their unions were not targeted.

There was plenty of evidence that teacher unions have the support of their communities, if not of their local state legislator. Red River United President Jackie Lansdale came armed with a Caddo Parish School Board resolution in support of payroll deduction for union dues. One of the school board members supporting the union is also the chairperson of Rep. Seabaugh’s local Republican Party.

When the dust settled, the House Labor and Industrial Relations Committee deadlocked in a 6-6 tie, and the bill failed to win approval.

Senate committee pans Minimum Foundation Program

After hearing opposition from various quarters and support from very few, the chairman of the Senate Education Committee asked the panel to shelve the $3.6 billion Minimum Foundation Program formula.

Sen. Conrad Appel (R-Metairie) who, as chair of the committee is the sponsor of SCR 55, said that he had unspecified “philosophical concerns” about the formula.

Only two witnesses, Superintendent of Education John White and Board of Elementary and Secondary Education President Chas Roemer, spoke in favor of the MFP.

LFT Legislative and Political Director Mary-Patricia Wray joined a group of stakeholders asking the panel to reject the spending plan.

“This plan does not adequately fund what’s needed for our schools,” she said. “It just takes what is in the budget and divides it up. Please vote no and let’s get to work on equitable, full funding for education.”

Wray said the formula approved by BESE does not dedicate a portion of the 2.75% growth factor to teacher salaries, allows unconstitutional spending of public education funds for “course choice” offerings, and diverts some local funds to schools that were not approved by taxpayers.

In addition, she said, changes were made to the formula by Department of Education staff after the MFP was approved by BESE, which puts its legality in question.

If the House and Senate are unable to agree on a way to proceed with the formula, this will mark the second year in a row in which no MFP was adopted.

Under the state constitution, if no MFP is adopted, the spending plan will revert to the previous year’s formula.

In other action, the committee approved SB 179 by Sen. Blade Morrish (R-Jennings). LFT supports the bill, which would incorporate dual enrollment into the course choice program and give local districts the ability to choose providers

Bill reins in BESE’s charter authority

The House of Representatives approved HB 703 by Rep. John Bel Edwards (D-Amite), which is aimed at curbing abuses by charter school operators.

The bill would prevent the Board of Elementary and Secondary Education from overruling local school districts rated “A,” “B” or “C” that deny charter school applications.

LFT President Steve Monaghan said that BESE’s approval of charters that are not wanted by local school systems is “a politicized agenda aimed at painting public education as bad and charter school education as good. Neither is necessarily true.”

When the House Education Committee heard the bill, Rep. Edwards called BESE’s actions “the arrogant hand of big government in Baton Rouge, approving charters after they’ve been denied by high-performing school districts.”

HB 703 passed the House by 59 to 40, with six members absent. It will be heard next by the Senate Education Committee. The bill is included in the LFT Legislative Agenda.

Common Core may be shelved for another year

The House Education Committee gave its approval to a bill that will delay the reimplementation of Common Core standardized tests for another year. The Board of Elementary and Secondary Education has already suspended the controversial PARCC tests for two years.

Supporters said that the three-year transition will give school systems and teachers enough time to prepare for the tests aligned with national standards.

Opponents said the delay is not enough to correct implementation problems that face school districts, however. Vermilion Parish Superintendent of Schools Jerome Puyau told the panel that many districts will not have the technological capacity to properly administer the computer-based tests.

For example, he said, virtually all district computer systems are based on a Windows XP platform which is no longer supported. They will have to be upgraded at great expense before the tests can be administered.

LFT Legislative Director Mary-Patricia Wray said that while the state has suspended use of the controversial Value Added Model basing teacher evaluations on student test scores, and amendment to HB 953 by Rep. Walt Leger (D-New Orleans) allows the Board of Elementary and Secondary education to revamp the Student Learning Target method of quantitative evaluation.

“I don’t know if we can trust BESE to revamp the SLTs” she said. “If there is a change, we need to know what is involved.”

Wray said the LFT is concerned that the bill does not address the penalties incurred by teachers and school districts under accountability laws during the PARCC delay.

HB 953 was approved on a 10-6 vote by the committee.

House okays unexcused absence bill

A bill that would eliminate the data of students who have 10 or more unexcused absences in a semester from the calculation of Value Added Model scores was adopted by the House of Representatives.

HB 533 by Rep. Alan Seabaugh (R-Shreveport) was amended on the floor by Rep. John Bel Edwards (D-Amite) to include Student Learning Targets as well as VAM scores. That is important because VAM is currently suspended while new baseline data is collected. Teachers’ entire quantitative evaluation will be based on their SLTs in this school year and next year.

LFT, which supports the bill, is working on another amendment to include excused absences as well as unexcused absences in the proposed law.

Panel moves diploma bill forward

A bill that would ensure students with exceptionalities can earn a meaningful, appropriate high school diploma was approved by the House Education Committee.

Rep. John Schroder (R-Covington) said his HB 993 “lets them wear their cap and gown proudly” at graduation. Other states, he said, have done away with a “one size fits all” diploma path.

The bill creates a single diploma track with multiple endorsements. It provides that a student who successfully completes an Individualized Education Program is entitled to a diploma. LFT supports the bill, which moves to the House floor for further action.

Senate approves plan to reconfigure Baton Rouge schools

While a bill that would radically reconfigure Baton Rouge schools languishes in the House Education Committee, its mirror image was easily approved by the Senate.

SB 636 by Sen. Bodi White (R-Central) would create new community school councils and give principals greater authority over personnel decisions, as well as contracting for a range of services. In addition to academic responsibilities, each principal would become the CEO of a school, and would have to arrange for transportation, food service, janitorial and maintenance services, and employee benefits such as health insurance.

Over the objection of principals and school board members, the Senate approved the bill by 23 to 12, with four members absent.

Opponents said that the new duties are more efficiently handled by central office administrators. Many believe that the proposed governance system would lead virtually all schools in Baton Rouge to become charters.

SB 636 will now move to the House Education Committee for consideration. A House version of the bill, HB 1177 by Rep. Steve Carter (R-Baton Rouge), was deferred by that committee two weeks ago after hours of often acrimonious testimony. Since then, Rep. Carter has postponed further hearings on his bill twice.

Another bill affecting Baton Rouge schools was defeated on the House floor. HB 1178 by Rep. Dalton Honore (D-Baton Rouge) would have reduced the parish school board from 11 to seven members. It needed 53 votes to pass the House, but only got 51, with 40 members voting “no.”

Second effort at electing state superintendent fails

For the second time, an attempt to make the state superintendent of election was turned back on the floor of the House of Representatives.

HB 127 by Rep. Joe Harrison (R-Gray) would have changed state law to make the superintendent’s job elective rather than appointed by the Board of Elementary and Secondary Education. In practice, the law hands over appointment of the superintendent to the governor, who exercises considerable control over BESE.

HB 127 failed on a 39-57 vote. Earlier in April, the House rejected Rep. Harrison’s proposed constitutional amendment that would have asked voters to decide if the superintendent should be elected rather than appointed.

College tuition bill advances

The House Civil Law Committee approved HB 222 by Rep. Walt Leger (D-New Orleans), which would prohibit the state from using higher college tuition and fees to offset cuts to state education funding.

State funding for higher education has been cut by hundreds of millions of dollars over the past several years. At Gov. Jindal’s urging, lawmakers have sharply increased tuition and fees to make up for the loss. Many opponents of the practice consider that a tax increase on students and their families.

The committee approved HB 222 without objection. It has already been approved by the Appropriations Committee, and will next be heard on the House floor.

House panel moves issues

Several items were adopted without objection by the House Education Committee:

HCR 21 by Rep. Herbert Dixon (D-Alexandria) asks the Board of Regents to study the feasibility of implementing a college tuition program that allows students to pay their tuition after leaving college.

HB 178 by Rep. Dixon would require appropriate instruction concerning dating violence in grades 7-12 for school employees and provision of information to parents.

HB 179 by Rep. Dixon would require school superintendents to disclose to their boards any contracts of employees who are promoted or employed into a position of higher salary.

HB 407 by Rep. Steve Carter (R-Baton Rouge) would require schools to readmit students to high school who meet certain criteria.

HB 1243 by Rep. Valarie Hodges (R-Denham Springs) would require charter schools to have nondiscrimination policies when hiring nonimmigrant foreign workers.

Retirement bills considered

The Senate Retirement Committee approved HB 6 by Rep. Kevin Pearson without objection. The bill would increase the employer contribution for higher education members of the Teachers’ Retirement System of Louisiana who are in the optional retirement plan on a graduated plan.

Supporters say the bill would bring out plan into line with other states and make it easier to attract faculty to Louisiana colleges and universities.

The House Retirement Committee shelved several instruments intended to grant cost of living adjustments to members of state retirement systems.

The bills by Rep. Sam Jones (D-Franklin) were identical to SB 19 and SB 21 by Sen. Elbert Guillory (R-Opelousas) that have been approved by the full Senate and the House Retirement Committee, and have the backing of Gov. Bobby Jindal. The difference is that those are also linked to SB 1225 by Rep. Joel Robideaux (R-Lafayette). Rep. Robideaux’ bill would reduce the number and amount of COLAs in the future

Equal pay verification bill fails

It hasn’t been a good session for proponents of equal pay and fair wages. This week, another equity bill bit the dust in the Senate Finance Committee. SB 548 by Sen. Sharon Weston-Broome (D-Baton Rouge) would have required verification of equal pay practices in public contracts. The bill failed to pass the committee.

The week ahead

Monday, May 4

House Appropriations Committee:

HB 380 by Rep. Bret Geymann (R-Lake Charles) would prohibit the use of state funds for PARCC without legislative authority. LFT is monitoring this bill

HB37 by Rep. Kevin Pearson (R-Slidell) would require the department of education to transfer MFP dollars or unfunded accrued liability directly to the retirement systems, ensuring that charter schools pay their fair share. LFT supports this bill.

HB380 by Rep. Geymann would prohibit use of state funds for implementation of certain state tests, including PARCC, without further legislative approval. LFT is monitoring this bill.

Tuesday, May 6

House and Governmental Affairs Committee:

SB460 by Sen. Robert Adley (R-Benton) would require schools receiving voucher money to maintain separate accounts for such funds, in order to facilitate proper auditing of the money. LFT supports this bill.

Thursday, May 8

House Floor:

HB1, the state’s general budget is scheduled to be debated. LFT is monitoring this process, to ensure that K-12 funding allocations a brought to the same level as last year, and to work for future increases and dedications to salaries for teachers and school employees.