Category: LFT Legislative Digests

Louisiana Federation of Teachers

Weekly Legislative Digest

May 23, 2014

Steve Monaghan, President * Les Landon, Editor

2014 Regular Legislative Session

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

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$3.5 billion MFP approved by Senate
Next stop: House Education Committee

Public education’s $3.5 million Minimum Foundation Program has been approved by the Senate, and is scheduled for a hearing by the House Education Committee next Wednesday, May 28.

The MFP has been on a fast track to passage ever since it was amended by the Board of Elementary and Secondary Education a little over a week ago. The formula had been rejected by the Senate Education Committee because of Chairman Conrad Appel’s (R-Metairie) objection to a continuing 2.75% growth factor built into the formula.

The Senate passed the MFP as SR 55 by Sen. Appel with only one “nay” vote. Sen. Dan Claitor (R-Baton Rouge) opposes the formula because he believes it shortchanges special education services.

With the session’s June 2 deadline fast approaching, the House Education Committee will dedicate its final meeting of the session solely to the MFP. If it is approved there, it will proceed to the House floor. Adoption of the resolution does not require the governor’s signature.

Discipline & Dismissal compromise bill approved

A milestone was reached when the Senate Education Committee approved without objection a bill that alters the teacher discipline and dismissal policy in Act 1 of 2012.

HB 1277 by Rep. Jeff Thompson (R-Shreveport) replaces several sections of law that virtually abolished the due process rights of teachers who were labeled as ineffective under Act 1. If it is adopted, 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.

Unlike Act 1’s provision, in which a three-person panel’s recommendation is not binding, the hearing officer may overrule a superintendent’s decision. The bill includes a number of other revisions aimed at making sections of Act 1 into a clearer, fairer process.

The bill is the result of collaboration between the governor’s office and LFT, LAE, superintendents, school boards and others. It moves to the Senate floor, where little opposition is expected.

Common Core bill wins committee approval

A bill that would delay, but not cancel, the consequences of Common Core standards was approved by the Senate Education Committee.

HB 953 by Rep. Walt Leger (D-New Orleans) adds a year to a suspension of Common Core consequences that was previously adopted by the Board of Elementary and Secondary Education. The allowances for public schools and students will extend through the 2015-15 school year.

Rep. Leger’s bill includes a curved distribution of school letter grades to ensure that the total number of each letter grade does not change during the suspension, but allows for changes in individual schools. The Senate Education Committee stripped an amendment that would have prohibited any school from receiving a lower letter grade than in the previous year.

The bill moves to the full Senate for further action.

Teacher arrest bill goes to governor

An LFT-sponsored bill prohibiting the arrest of teachers at school for minor offenses has been approved by the legislature and awaits the governor’s signature.

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.

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.

Rule making bill awaits governor’s signature

A bill that would give the public a more transparent view of the rule making process has been approved by both houses of the legislature and sent to the governor for his signature.

HB 322 by Rep. Sam Jones (D-Franklin) is part of the LFT legislative agenda. It would require the Department of Education and Board of Elementary and Secondary Education, as well as all other rule making agencies, clearly post their rule making dockets. That would give the public an opportunity to voice opinions on proposed rules before they go into effect.

Unexcused absence bill passes

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.

HB 533 by Rep. Alan Seabaugh (R-Shreveport) passed both houses of the legislature and is awaiting the governor’s signature. Once it is signed, the scores of students who have 10 or more unexcused absences in a semester cannot be counted as part of a teacher’s evaluation.

House pans textbook selection bill

The House of Representatives voted down a bill that would have given local school systems control over the choice of textbooks and learning materials.

SB 336 by Sen. Conrad Appel (R-Metairie) would have preserved the Department of Education’s role in reviewing English, math and social studies texts, but local systems would not have been limited to materials on the list.

Opponents said that allowing a wide variance in learning materials could hamper efforts to maintain educational quality across the state.

Senate passes student privacy bill

A bill prohibiting any commercial use of student data was approved by the Senate and sent to the House for further action.

SB 685 by Sen. Eric LaFleur (D-Ville Platte) would ban the sale, transfer, sharing or processing of student data for any advertising, marketing or other commercial purpose. The bill covers state and national assessment results, transcript information, course grades and grade point averages, date of birth, attendance, mobility and grade level expectations.

It is not known whether the bill will advance further, however. The House Education Committee is expected to meet just once more, and the agenda is supposed to include just SCR 55, the MFP resolution.

Higher education could get savings from private contracts

A bill that could reduce the amount spent on private contracts and dedicate the money instead to higher education was approved by the Senate Finance Committee.

The panel adopted HB 142 by Rep. Dee Richard (Independent-Thibodaux) after it was amended to give the Joint Legislative Budget Committee authority over contracts that exceed $40,000. Money saved by rejecting or adjusting contracts for private consultants could be dedicated to higher education.

Rep. Richard has introduced versions of his bill for four years. This was the first time the idea was given a good chance of becoming law.

Voucher transfer bill passes

A bill that would allow the transfer of students from the state voucher program into a separately funded voucher program that gives donors a tax rebate was approved by the Senate and awaits the governor’s signature.

LFT is concerned that HB 708 by Rep. Kirk Talbot (R-River Ridge) will increase the total number of voucher students and the overall cost of vouchers to the state treasury, because there is no cap on the amount that may be rebated.

House approves extended sick leave bill

A common-sense change to the state’s extended sick leave law was unanimously approved by the House of Representatives.

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.

COLA bill goes to governor

The Senate gave unanimous approval to a bill that triggers a 1.5% cost of living adjustment for more than 100,000 retired teachers, school employees and other public employees, but could result in smaller COLAs in future years.

HB 1225 by Rep. Joel Robideaux (R-Lafayette) was linked to bills that grant the COLA. Rep. Robideaux’ bill reserves more of the state retirement systems’ future earnings to reducing the systems’ unfunded accrued liabilities, rather than to the experience accounts that fund COLAs.

Two bills calling for COLAs have been signed by the governor; passage of HB 1225 is the last step before the raises appear in retirement checks.

The week ahead

Sunday, May 25

The Senate Revenue and Fiscal Committee will meet at 1:00 P.M.

The Senate Finance Committee will meet at 3:00 P.M. to debate HB 1, the state budget.

Monday, May 26

The Senate will convene at 3:00 P.M.

Tuesday, May 27

House Appropriations Committee: SCR 55 by Sen. Conrad Appel (R-Metairie), the Minimum Foundation Program, will be considered.

House Civil Law Committee: SB143 by Sen. Bob Kostelka (R-Monroe) and Rep. Randal Gaines (D-LaPlace) will be considered. The bill would prevent state department heads from preventing the grant of injunctions by falsely certifying that such injunctions would cause a state deficit. This is part of LFT’s package.

Wednesday, May 28

House Education Committee: The committee will consider HCR 55, the MFP, if the House accepts a suspension of the rules after the resolution is heard by the Appropriations Committee.

Senate floor: The Senate is expected to consider HB1, the state budget.

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!

Is your school ready for computerized tests? Click here to take the survey.

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.

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!

Agreement reached on teacher due process

This statement was released by Louisiana Federation of Teachers President Steve Monaghan Friday morning:

The governor’s office has announced that a substitute bill, HB 987, has been introduced and contains language aimed at resolving certain concerns about the process outlined in Act 1 (2012) for disciplining and dismissing teachers.

Since January, the Louisiana Federation of Teachers and other stakeholders have worked with the governor’s office to improve the process by addressing our shared concerns.

These discussions included an honest give-and-take and a frank sharing of all perspectives. Our conversations were limited to the sections of Act 1 dealing with the discipline and dismissal procedures (17:441,442, 443, and 444).

The LFT and others expressed our wide-ranging concerns with different aspects of the Act and shared our ideas regarding the sections on the table. The question before us is whether the proposal in HB 987 is a fairer and clearer process than under current law.

The Louisiana Federation of Teachers believes that the answer to that basic question is “Yes, it is better.”

We look forward to working with all stakeholders to advance these changes and create a fair review process in those relatively rare instances where teachers may be subject to discipline or dismissal.

The Federation certainly reserves the right to consider- amendments that we believe strengthen the process further. We look forward to supporting the work of the participating stakeholders.

Step taken to curb charter school abuse

Louisiana took a baby step toward curbing abuse by charter school operators when the House Education Committee approved HB 703 by Rep. John Bel Edwards (D-Amite). The 8-7 vote marked the first time that a bill that does anything other than expand charter schools made it out of committee.

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.

Witnesses from Lafayette told the panel that after their school board rejected charter applications BESE overruled the local officials, and the system lost $7 million in MFP funds as a result.

“It is with a heavy heart,” she said, “that I’ve come to believe the Department of Education wants public education to succeed in my parish.”

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.”

In his closing statement, 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.”

The bill is included in the LFT Legislative Agenda.

Baton Rouge school system under legislative assault

In a scenario reminiscent of the destruction of New Orleans’ public schools following Hurricane Katrina, lawmakers have introduced a flurry of bills that some fear will lead to less community involvement and the wholesale charterization of the district.

HB 1177 by Rep. Steve Carter (R-Baton Rouge) mirrors another bill, SB 636 by Sen. Bodi White (R-Central), which was unanimously approved by the Senate Education Committee last week. The bill would create new community school councils and give principals greater authority over personnel decisions, as well as contracting for a range of services.

In hours of testimony, principals told the House Education Committee that they do not want the additional responsibility of contracting for food service, transportation, health care and other benefits, on top of their academic responsibilities.

Federation President Steve Monaghan said that the plan was concocted by the Chamber of Commerce and a University of Washington think tank without input from local educators.

“When will we learn that we won’t reinvent public education if we don’t involve teachers,” he said. “There will be uncertainty and discord.”

Many opponents believe that the school model promoted in the bill will eventually lead to all Baton Rouge schools being turned over to charter school operators.

As midnight approached, Rep. Carter voluntarily deferred his bill until next week.

A second bill, HB 1178 by Rep. Dalton Honore (D-Baton Rouge) would reduce the membership of the East Baton Rouge Parish School Board from 11 members to seven. Opponents say they fear it will unfairly dilute community involvement in public education.

School Board member dies suddenly after meeting

In a sad coda to the House Education Committee meeting, East Baton Rouge Parish School Board Member Randy Lamana collapsed and died while walking to his car after the meeting.

The Louisiana Federation of Teachers extends condolences to Mr. Lamana’s family and to his constituents.

Teacher arrest bill vote rescheduled

An LFT-sponsored bill plan to prevent the arrest of teachers at school for minor offenses will be the subject of a vote onThursday, April 24.

HB 1108 by Rep. Terry Landry (D-New Iberia) would require issuance of a misdemeanor summons “for any misdemeanor act allegedly committed during the course and scope of the school employee’s employment.”

The employee would be required to answer a summons and appear in court on the charges. The bill does not apply to serious offenses or injuries to students.

The bill was originally scheduled to be heard on the House floor on April 17. Please click here to send an LFT Action Center campaign message in support of the bill.

Panel deliberates school financing

The House Appropriations Committee began its discussion of Schedule 19 of the state budget, which includes the $3.5 billion Minimum Foundation Program, the state Recovery School District, Department of Education and higher education.

LFT President Steve Monaghan decried the anticipated $55 million shortfall in the MPF, saying that funding issues have created chaos in public education. A report last January said that teacher retirements have spiked by 25 percent.

“The budget drives policies,” Monaghan said, “and those policies are chasing away good teachers. We are asking that the money go to where it will do the most good.”

The chief financial officer for St. Charles Parish schools said that 60 percent of special funding for severely disabled children goes to charter schools and the recovery School District, leaving only 40 percent for traditional public schools.

Two charter bills blocked

Two bills aimed at protecting school districts from some charter school practices were turned back by the House Education Committee.

HB89 by Rep. Gregory Miller (R-Norco) would have required the Minimum Foundation Program to include a line item identifying the amount of money in the formula intended to pay for teacher retirement costs, including the unfunded accrued liability of the retirement system.

About half of the state’s charter schools do not participate in the Teachers’ Retirement System, even though they get the full MFP allocation for students. The bill would have made it easy to see how much money is lost to TRSL because those charters do not participate. The bill failed on a 5-10 vote.

A second bill, HB 184 by Rep. Kenny Havard (R-Jackson) would have prevented charter schools from leasing property formerly owned by the school board to other parties.

Supporters said that some predatory charter operators could use complicated schemes to take advantage of Louisiana’s charter law.

Rep. Havard, who supported the act that expanded charter schools in the state, said he “thought the schools would be non-profit…I would not have supported it if I knew we would be sending millions of dollars to out-of-state corporations.”

The bill failed on a 5-11 vote.

Voucher accountability bill fails

Despite testimony that most of the private and religious schools that accept vouchers comingle their funds and cannot be accurately audited, the House Education Committee rejected a bill requiring fiscal accountability.

State Legislative Auditor Daryl Purpera said his office has a “fiduciary responsibility to ensure the proper accounting of taxpayer dollars the same as any school in the public system.” But because some 90 percent of voucher schools don’t keep separate ledgers for their public and private funds, he said, it is not possible to accurately account for the money.

HB 836 by Rep. Joe Harrison (R-Gray) would have required nonpublic schools that accept vouchers to create an accountability system for public funds.

LFT President Steve Monaghan said that accountability should have been built into the law creating vouchers in 2012. Accurate tracking of the way taxpayer dollars are spent “is not an issue (with lawmakers) or this bill would pass,” he said.

The bill was rejected on 5-12 vote.

Panel rejects bills aimed at vouchers

Bills that would have clarified which students are eligible for vouchers did not emerge from the House Education committee this week.

HB 702 by Rep. John Bel Edwards would have removed eligibility for vouchers from students who are enrolled in schools graded “C” by the state. Current law allows children who meet income requirements to use vouchers if they attend schools that the state grades “A,” “B” or “C.”

If the intent of the law is to allow students to leave failing schools, Rep. Edwards said, schools graded “C” should not be included because that is not a failing grade.

LFT President Steve Monaghan took the argument a bit farther, saying that the whole grading system used for schools is inappropriate.

If a grade of “C” means a school is failing, Monaghan said, then it would be logical to make “A” and “B” the only passing grades for students.

The bill was rejected by a 6-10 vote of the committee.

Rep. Edwards voluntarily deferred his HB 702, which would have prevented kindergarten students who have access to an “A” or “B” school from enrolling in the voucher program.

LFT’s good government bills pass House

Two LFT-sponsored bills aimed at making government more transparent and honest were unanimously approved by the House of Representatives.

HB 181 by Rep. Randal Gaines (D-LaPlace) would prevent heads of the various state departments from preventing the grant of injunctions by falsely certifying that such injunctions would create a deficit. The bill will allow for oversight of the Joint Budget Committee before such certifications are submitted to a judge.

HB 322 by Rep. Sam Jones (D-Franklin) would require rulemaking agencies to post information about rule promulgations on their website.

Bill that would arm teachers is resisted

Faced with opposition from all sides, the author of a bill that would allow teachers to carry firearms at school withdrew it from committee consideration.

HB 707 by Rep. Ray Garofalo (R-Chalmette) would create an exception to the law prohibiting weapons on school campuses for educators who have concealed handgun permits and meet other criteria. Rep. Garofalo said he hoped his bill would “send a message to the criminals and crazies.”

LFT President Steve Monaghan joined opponents, including state representatives who are former law officers, in asking that the bill not be allowed to proceed.

Bills that would negate election results deferred

Three bills that would void local tax elections if fewer than 20 percent of voters cast ballots were voluntarily deferred in the Senate Committee on Revenue and Fiscal Affairs.

SB 200, SB 201 and SB 517, all by Sen. Bret Allain (R-Franklin)

Return to work bills deferred

Two return-to-work bills were voluntarily deferred by their author in the Senate Retirement Committee.

SB29 by Sen. Mike Walsworth (R-West Monroe) would have allowed diagnosticians and reading specialists to return to work without consequence to their retirement benefit.

Current law limits the salary of returning retirees to 25% of their retirement benefit. If they make more than that, they must forego their retirement check during the time they are employed by a school district.

SB 555 by Sen. Blade Morrish (R-Jennings) would have allowed any retiree 65 or older to return to work without consequence to their retirement benefit. LFT supports both of these bills.

House okays expansion of voucher rebate

A bill that would expand a program that allows tax rebates for contribution to voucher funds was approved by the House of Representatives.

HB 780 by Rep. Kirk Talbot (R-River Ridge) had stalled after it was amended to require annual audits of schools that participate in the voucher program. The full House stripped that amendment and passed the bill in its original form. It will next be heard by the Senate Education Committee. LFT opposes the bill.

BESE gives Teach for America a $1 million grant

As the legislature entered one of its busiest weeks, the State Board of Elementary and Secondary Education convened for its regular April meeting. With a short agenda, the board compressed its committee and plenary sessions into one day.

The Administration and Finance Committee approved a new $1million grant for Teach for America (TFA) to “recruit teachers.”

Dr. Lottie Beebe, Carolyn Hill, and Jane Smith voted against the measure. Walter Lee abstained, and Kira Orange Jones, who is employed by Teach for America in New Orleans, recused herself on that agenda item.

Connie Bradford, Chas Roemer, Jim Garvey, Dr. Judith Moranti, Holly Boffy and Jay Guillot supported the TFT grant. Following the 6-3 committee vote, the full board also approved the measure.

Jane Smith also added an agenda item that would alter the rules of BESE. She would require staff to provide members with physical copies of technical amendments to motions prior to a vote. Department staff was directed to come back with a plan to comply at the June meeting.

Following an executive session, the board announced that Superintendent of Education John White had a satisfactory annual evaluation.

The week ahead

Monday, April 21

Senate Finance Committee:

The Senate Finance Committee will discuss the Department of Education’s allocation in the proposed Executive budget.

Tuesday, April 22

House Appropriations Committee:

HB 222 by Rep. Walt Leger (D-New Orleans) is a Constitutional Amendment that would prevent the supplanting of state funds for tuition and fee increases at higher education institutions. LFT supports this bill.

Wednesday, April 23

House Health and Welfare Committee:

House Health and Welfare may hear a series of instruments that would expand Medicaid in Louisiana to cover nearly 400,000 uninsured citizens, bringing $15billion in federal funds to Louisiana over the next ten years. LFT support these instruments.

Senate Education Committee:

The MFP resolution is expected to be on the docket.

House Education Committee:

HB 1177 is expected to be back on the agenda

Thursday April 24

House Labor Committee:

HB 658 by Rep. Barbara Norton (D-Shreveport) and HB 956 by Rep. Julie Stokes (R-Kenner) and Senator Sherry Buffington (R-Shreveport) deal with equal pay for women. LFT supports both instruments

House Retirement Committee:

HB 1225 by Rep. Joel Robideaux (R-Lafayette) would make it more difficult to fund the account that pays for COLAs, and decrease the amount of each COLA that can be paid out. LFT opposes this bill and is expecting some amendments to be releasedon Monday the 21^st.

SB21 and SB19 by Sen. Elbert Guillory (R-Opelousas) would grant COLAs to current retirees of the Teacher’s and School Employee’s retirement systems. LFT supports these bills.

Bill would halt teacher arrests for minor offenses

Teachers could no longer be handcuffed and arrested at school for minor offenses if a bill by State Rep. Terry Landry (D-New Iberia) continues its successful path through the legislature.

HB 1108 was introduced at the request of the Louisiana Federation of Teachers after a Baker, Louisiana teacher was arrested at school for allegedly pulling on the shirt tail of a child who refused to follow school policy. The teacher was then subsequently arrested, handcuffed, and taken to jail.

The arrest made front-page news and was featured on television news broadcasts.

Rep. Landry’s bill was given a unanimous vote of approval by the House Criminal Justice Committeeon Wednesday.

“Rep. Landry’s legislation is a win for teachers and law enforcement,” said LFT President Steve Monaghan. “For teachers, it sends a clear message that a simple accusation won’t lead to the embarrassment of arrest. For law enforcement, the bill provides clarifying guidance. We are grateful that Rep Landry has offered this legislation.”

Rep. Landry, a former State Police Trooper, said he hopes no educator will ever have to suffer the same humiliation as the Baker teacher did last March.

“Teachers certainly shouldn’t be arrested for an alleged misdemeanor,” Rep. Landry said. “However, if an arrest happens and then the district attorney decides not to prosecute like what occurred in the recent case, then how does this teacher get her dignity and self-respect back? We need to make sure to make sure this doesn’t happen again.”

The bill requires issuance of a misdemeanor summons “for any misdemeanor act allegedly committed during the course and scope of the school employee’s employment.”

The employee would be required to answer a summons and appear in court on the charges. The bill does not apply to serious offenses or injuries to students.

The bill will be scheduled for a hearing before the full House of Representatives. If it passes the House, it will be sent to the Senate for further action.

Bill requiring elected superintendent proceeds

Fueled by discontent with the performance of State Superintendent of Education John White, two bills that would change the superintendent from an appointive to elective position were approved by the House Education Committee.

HB 127 by Rep. Joe Harrison (R-Gray) is a statute that would require the election of future superintendents; HB 125 by Rep. Harrison is a constitutional amendment that would require a vote of the people to make the superintendent’s job elective.

Passage of an amendment would not allow Governor Bobby Jindal to veto the change, as he would almost certainly do to a statutory change. It was widely noted that White was the governor’s handpicked choice, even though the position is officially selected by the Board of Elementary and Secondary Education.

LFT President Steve Monaghan testified on behalf of the change, saying that elections are “the difference between democracy and oligarchy.”

HB 127 was approved by a 13-4 margin; HB 125 was approved by 9-7.

Kindergarten voucher loophole remains open

The House Education Committee refused to approve a bill that close a loophole which could eventually cause a vast expansion of the state’s voucher program.

Rep. Kevin Pearson (R-Slidell) said that HB 192 is needed to prevent vouchers costs from skyrocketing and preventing the program from aiding the children for whom it was established.

Under current law, children in schools graded “C”, “D” or “F” can get vouchers if their family income is less than 250% of the poverty level. But here’s the loophole: kindergarten-age children who are not already in a school can get vouchers no matter how the school they would attend is rated. And they are allowed to keep vouchers throughout their career, even if their local school has an “A” rating.

Witnesses said that already over one-fourth of the children using vouchers are in K-2 schools because of the loophole.

“One day the state will no longer be able to fund the voucher program,” Rep Pearson said. “We will have kindergarten factories. Kids that need vouchers won’t be able to get them because the money will be gobbled up.”

Only three members supported Rep. Pearson’s bill, and 11 voted against it.

Panel won’t demand certification for charter school teachers

A bill requiring charter schools to adhere to some of the same hiring rules that govern traditional public schools was rejected by the House Education Committee.

HB 124 by Rep. Pat Smith (D-Baton Rouge) would have required charter schools to hire certified teachers if they are available; current law only asks that charter school teachers have at least a bachelor’s degree.

LFT Legislative and Political Director Mary-Patricia Wray said that certification is a sign that a school has high-quality educators, and pointed out that there are numerous ways for potential teachers to earn certification.

The bill was opposed by Superintendent of Education John White, who said that charter schools are progressing nicely without requiring certified teachers. About 72% of teachers in charter schools are certified even though it is not required, White added.

The bill was rejected on a 4-11 vote.

Bill to revamp Baton Rouge schools advances

After more than three hours of often rancorous debate, the Senate Education Committee approved SB 636 by Sen. Bodi White (R-Central), which would grant wide-ranging autonomy to the district’s 88 school principals.

The bill was seen as an extension of Sen. White’s longstanding campaign to allow a section of Baton Rouge to secede and form its own new school system. Dissatisfaction with the parish’s public schools has also led to an effort to create a new city inside East Baton Rouge Parish.

Sen. White’s SB 636 would create new community school councils and give principals greater authority over personnel decisions, as well as contracting for a range of services.

Sen. White said that principals have told him they could “run a better ship” under his bill. But principals and other administrators who spoke at the hearing said they are instructional leaders and should not be expected to also handle contracts for food services, transportation, custodians healthcare and other issues.

LFT President Steve Monaghan said the bill would create at least 14 new jobs for principals who are already charged with improving academic results, and said that “principals are not seeking the solutions offered by SB 636.”

Monaghan also said that, like so many other so-called education reforms, teachers were not consulted as SB 636 was crafted.

“How many bills do I have to see that empower everybody but teachers,” he asked. “They seem to be just spokes in the wheel.”

Senator’s bills deferred by Senate panel

Sen. Dan “Blade” Morrish (R-Jennings) voluntarily deferred two of his education reform proposals before the Senate Education Committee.

SB 179 would provide for more local autonomy in selecting course choice providers and in approving student participation in course choice programs.

SB 191 would require bonus points in the School Performance Score formula to be awarded equally for achievement in Advanced Placement, dual enrollment and International Baccalaureate. Under current BESE regulation, Advanced Placement achievement can earn more bonus points for a school than other alternative pathways.

LFT supported both bills.

Local option textbook selection approved

Without opposition, the House Education Committee approved a bill that would give local school districts more discretion in the selection of textbooks and instructional materials.

HB 988 by Rep. John Schroder (R-Covington) permits local school boards to develop and implement curriculum content and methodology in lieu of that recommended by the State Department of Education and BESE.

House approves student data bill

The House of Representatives gave unanimous approval to a bill aimed at protecting the privacy of public school students.

HB 1076 by Rep. John Schroder (R-Covington) would require the State Department of Education to develop a new system that gives a unique identifying number to public school students by mid-2015, rather than using social security numbers.

New, detailed restrictions would be placed on how student information can be shared and who can access it.

The issue of student privacy is a flashpoint in the larger dispute over Louisiana’s participation in tougher educational standards called the Common Core, particularly how online testing data will be used and shared with outside parties.

The bill will be heard next by the Senate Education Committee.

Panel grills John White on budget issues

The House Appropriations Committee prodded State Superintendent of Education to confess that the state’s $3.5 billion Minimum Foundation Program faces a $55 million shortfall this year.

Questions arose as members asked White why the Department of Education had not provided the enrollment numbers needed to finish budgeting the amount needed for the MFP. White said that about $35 million of the projected shortfall could be attributed to a student enrollment that is higher than estimated, and the governor’s office could explain the rest of the short fall.

The governor’s chief financial officer responded that the issue involves a disagreement between White’s department and the governor’s office about how many students are actually attending public school in the state.

White also told the panel that the proposed 2014-15 MFP will also be about $50 million short of what is needed. Debate has not yet begun on next year’s MFP, which will be in SCR 55 by Sen. Conrad Appel (R-Metairie), chairman of the Senate Education Committee.

Bill that could reduce MFP funding is deferred

A bill that could have made it easier to cut funding for public education stalled when it was voluntarily deferred by its author in the House Appropriations Committee.

HB 587 by Rep. Thomas Carmody (R-Shreveport) is a proposed constitutional amendment that would delete certain provisions with regard to the MFP and other sources of Constitutionally protected funding, including the requirement that the MFP “fully fund” the cost of public education in Louisiana.

Truthfulness in affidavits bill proceeds

An LFT-sponsored bill would give judges more discretion in deciding if administration officials are telling the truth in official documents.

HB 181 by Rep. Randal Gaines (D-LaPlace) and Sen. Bob Kostelka (R-Monroe) would prevent appointed officials from falsely certifying that the grant of an injunction would create a deficit.

The issue was raised in 2012 when the LFT filed suit to overturn Act 2 of 2012, which created Gov. Jindal’s voucher scheme. LFT asked the court to enjoin the state from funding vouchers through the Minimum Foundation Program while a final decision was awaited from the Supreme Court. But because administration officials claimed that enjoining the voucher scheme would create a budget deficit, the judge was powerless to enjoin the program.

Under current law, the truthfulness of an affidavit like the one produced in 2012 cannot be questioned. HB 181 would allow courts to decide if an affidavit is factual.

The bill was approved by the House Civil Law Committee on a 6-3 vote.

“Shall” to “may” change wins bill approval

The change of a single word in a bill aimed at guaranteeing pre-kindergarten program funding eased concerns of the House Education Committee and sent the bill to the full House for a vote.

As originally written, HB 954 by Rep. Walt Leger (D-New Orleans) would have required school districts to hand over 10 percent of any growth money in the LA4 program to qualified private pre-school programs.

School superintendents and school boards opposed the bill, saying that it would strip funding from successful programs. An amendment changed the mandatory “shall” in the bill to a permissive “may,” meaning that school boards will have the option of developing partnerships with qualified private pre-schools if they wish. Once that change was made, the bill sailed past the committee without opposition.

In addition to the funding issue, the bill would 3set up a methodology to determine the demand for per-school services in school districts.

Higher ed retirement bill passes House

A bill that would increase Higher education faculty members of the Teachers’ Retirement System’s optional retirement plan will get an increase in the employer’s share of contributions if HB 6 by Rep. Kevin Pearson (R-Slidell) continues its progress.

Over a four-year phase-in, the bill will increase the employer’s share from 5.5% to 6.2%, which is still lower than the 6.8% contributed by many other schools across the country.

The bill was approved without objection after being amended, and will proceed to the House floor.

House panel okays anti-union retirement bill

HB 45 by Rep. Alan Seabaugh (R-Shreveport) would remove eligibility in the Teachers’ retirement System of Louisiana for future employees of LFT, LAE and a few other educator groups. LFT opposes this bill. It is similar, but not identical, to Rep. Kirk Talbot’s (R-River Ridge) HB25 which has already been approved by this Committee and awaits passage on the House Floor.

HB 45 was approved by a vote of  6-3.

Committee rejects minimum wage bills

Several bills that would have required most Louisiana employers to pay workers a living wage were turned back by the House Labor and Industrial Relations Committee.

The panel first heard HB 356 by Rep. Herbert Dixon (D-Alexandria), who said his goal is for Louisiana to set a “rational minimum wage.” He pointed out that Louisiana does not currently have a mandated minimum wage, and instead defaults to the federal requirement. Rep. Dixon is also chairman of the committee.

Rep. Dixon’s bill would have increased the current $7.25 per hour minimum to $8.25 in 2015, and $9 in 2016. Subsequent increases would be based on the Consumer Price Index.

LFT President Steve Monaghan spoke in favor of the increase, saying that people who work full-time should make a living wage.

“There is real dignity in all work,” Monaghan said. “There is no dignity in working full-time and not being able to feed your family.”

Rep. Dixon’s bill failed in a 6-10 vote split. In short order, three other bills that would have created minimum wages also went down to defeat.

The week ahead

Monday, April 14

Senate Retirement Committee:

Two return-to-work bills will be heard. SB 29 by Sen. Mike Walsworth (R-West Monroe) would allow diagnosticians and reading specialists to return to work without consequence to their retirement benefit. Current law limits the salary of returning retirees to 25% of their retirement benefit. If they make more than that, they must forego their retirement check during the time they are employed.

SB 555 by Sen. Blade Morrish (R-Jennings) would allow any retiree 65 or older to return to work without consequence to their retirement benefit.

LFT supports both of these bills.

House Floor:

HB 322 by Rep. Sam Jones (D-Franklin) would require rulemaking agencies to post information about rule promulgations on their Web site. This is part of LFT’s package.

HB 181 by Rep. Randal Gaines (D-LaPlace) would prevent appointed officials from falsely certifying that the grant of an injunction would create a deficit. This is part of LFT’s package

HB 780 by Rep. Kirk Talbot (R-River Ridge) was previously returned to the calendar after it was amended by to require annual audits of schools participating in the state’s rebate voucher program, a different program than the voucher program funded directly through the state budget. The bill would expand eligibility for this uncapped voucher program. LFT opposes this bill.

Tuesday, April 15

Appropriations Committee:

Testimony on the Department of Education budget will be taken before House Appropriations Committee.

Wednesday, April 16

House Education Committee:

HB89 by Rep. Gregory Miller (R-Norco) would require an identifiable line item within the MFP designated to cover the retirement costs, including payments to the UAL, made by school boards. This bill is supported by LFT since it will better demonstrate the inadequate amount of funds in the MFP, which is meant to “fully fund” the cost of public education.

HB184 by Rep. Kenneth Havard (R-Jackson) would prevent charter schools from leasing property formerly owned by the local school board to other parties. LFT supports this bill.

HB701 by Rep. John Bel Edwards (D-Amite) would remove eligibility in the voucher program for students who attend “C” schools. HB702 by Rep. Edwards would prevent kindergarten students that have access to an A an B school from enrolling in the voucher program. HB703 by Rep. Edwards would prevent BESE from overturning the decision of local school boards that reject charter applications. LFT supports all these bills.

HB836 by Rep. Joe Harrison (R-Gray) would require the Department of Education to create an accountability system for nonpublic schools that makes schools who do not comply ineligible to participate. LFT supports this bill.

HB 867 by Rep. Frank Hoffman (R-West Monroe) would provide an online textbook review processes, and would allow local districts to select their own curriculum. The bill does not provide for a “cycle” on which to purchase textbooks and could lead to disparate prices on the same materials from district to district. LFT is actively working on amendments that would improve this bill.

HB 1177 by Rep. Steve Carter (R-Baton Rouge) is a duplicate of Sen. Bodi White’s(R-Central) SB 636 would alter administrative decision making processes in the state’s largest school districts. LFT opposes this bill. It would allow principals to make personnel, curriculum and management decisions independent of the local school board and superintendent.

Thursday, April 17

House Floor:

HB 1108 by Rep. Terry Landry (D-New Iberia) Landry would prevent unnecessary arrests of teachers for misdemeanor allegations. This is part of LFT’s package