ACTION ALERT: Tell Lawmakers: Don’t Handcuff Teachers!

Tell lawmakers: Don’t handcuff teachers!

Last March, a veteran teacher in Baker, Louisiana was arrested, handcuffed, taken from school in a police car and jailed.

Why?

An eighth grader ignored the teacher’s request that he tuck in his shirt tail (a violation of school rules) and tried to slip past the teacher into her classroom. She took hold of his shirt tail to stop him.

The child’s parent notified the police, and by the time a law officer arrived at the school, newspaper reporters were already on the scene.

The police officer could have issued a misdemeanor summons asking the teacher to appear and answer to the parent’s charges. Instead, the teacher was hauled off to jail.

The district attorney refused to prosecute the case, but the damage to the teacher’s reputation was done. She had been humiliated in front of her students and peers.

There is now a bill in the legislature that would ensure this does not happen again.

Please click here to learn more about HB 1108 and ask your Representative to vote FOR the bill!

TAKE ACTION NOW: Call the Members of the Senate Revenue and Fiscal Affairs Committee before 1:30 PM 4/14/14!

LEADERSHIP ALERT!!!

Call the members of the Senate Revenue and Fiscal Affairs Committee before 1:30 P.M. today (April 14, 2014)!!

Three bills slated to be heard by the Senate Revenue and Fiscal Affairs Committee would cripple local governments’ ability to pass taxes and issue bonds.

Each of these bills would require more than 20 percent of voters to turn out in order for a tax election to be valid.

In effect, that would mean everyone who does not go to the polls votes “NO.” It means that important elections would be decided by the lazy, the disinterested and the uninformed. Think about how low the turnout is in many of your elections for new bond issues, millages and even for renewals of existing issues.

These are the bills up for a vote today. All of them are by Sen. Bret Allain (R-Franklin). The committee will convene at 1:30 P.M.

SB 200: Constitutional Amendment to require a minimum turnout of 20% of voters to approve a political subdivision or special district proposition to incur or assume debt, issue bonds, or levy a tax.

SB 201: Requires a minimum turnout of 20% of voters to approve a political subdivision proposition to incur or assume debt, issue bonds, or levy a tax.

SB 517: Prohibits the state bond commission from approving any tax exempt indebtedness if the proposition to incur such indebtedness was approved in an election in which turnout was less than 20% of registered voters.

Please call as many members of the committee as you can, and tell them to vote NO on SB 20, SB 201 and SB 517

Revenue & Fiscal Affairs Committee

 

Committee Members
Senator Neil Riser (Chairman)
P.O. Box 117
Columbia, LA 71418
(318) 649-0977
risern@legis.la.gov
Senator Dale M. Erdey (Vice-Chairman)
P.O. Box 908
Livingston, LA 70754
(225) 686-2881
erdeyd@legis.la.gov
Senator Robert Adley
611 Jessie Jones Drive
Benton, LA 71006
(318) 965-1755
adleyr@legis.la.gov
Senator Sharon Weston Broome
P. O. Box 52783
Baton Rouge, LA 70892
(225) 359-9352
lasen15@legis.la.gov
Senator Yvonne Dorsey-Colomb
1520 Thomas H. Delpit Drive Suite 226
Baton Rouge, LA 70802
(225) 342-9700
dorseyy@legis.la.gov
Senator Rick Gallot
P.O. Box 1117
Ruston, LA 71270
(318) 251-5019
gallotr@legis.la.gov
Senator David Heitmeier
3501 Holiday Drive
Suite 225
New Orleans, LA 70114
(504) 361-6356
HeitmeierD@legis.la.gov
Senator Robert W. “Bob” Kostelka
P.O. Box 2122
Monroe, LA 71207
(318) 362-3474
kostelka@legis.la.gov
Senator Jean-Paul J. Morrell
6305 Elysian Fields Ave.
Suite 404
New Orleans, LA 70122
(504) 284-4794
morrelljp@legis.la.gov
Senator Gary Smith
P.O Box 189
Norco, LA 70079
(985) 764-9122
smithgl@legis.la.gov
Senator John R. Smith
611-B South 5th Street
Leesville, LA 71446
(337) 238-2709
smithj@legis.la.gov

 

LFT Weekly Legislative Digest- April 11, 2014: Teacher Arrests, Elected Superintendents, and much, much more!

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

The AFT Idol!- Deadline Extended Until May 14!

Do you have what it takes to be an AFT Idol?

At this year’s AFT convention in Los Angeles, we will be featuring AFT delegates from across the country and their many musical talents at the first-ever AFT Idol.

Warm up those singing voices, grab your instruments and send us a demo of your best performance!

Please email an audio or video file to khavens@aft.org, or mail a CD or DVD to:

AFT
Attn: Kris Havens
555 New Jersey Ave. N.W.
Washington, DC 20001

Submissions are due by May 14. The number of spots is limited. Delegates who receive a “golden ticket” to perform in front of their union sisters and brothers will be notified by June 15.

LFT Legislative Digest Special Edition: Wednesday in the House Education Committee

Louisiana Federation of Teachers Legislative Digest

Special Edition: Wednesday in the House Education Committee

Wednesday, April 9, is shaping up to be a blockbuster day in the House Education Committee. It would be hard to match an agenda as difficult as the House panel faced last week, with its deliberations on Common Core lasting well into the night and next morning. Yet it looks like it is Chairman Steve Carter‘s fate to confront another grueling series of controversial hearings on April 9.

Explosive issues involving charter schools, electing the state superintendent, vouchers and even more common core bills will be on the agenda.

Here’s a list of the bills facing members when the committee meets on Wednesday. Bills marked with an asterisk (*) are included in the LFT Legislative Agenda:

The election of the state superintendent:

HB 125 by Rep. Joe Harrison (R-Gray) is a proposed constitutional amendment, and HB 127 is its companion legislation. Currently, the superintendent is selected by the State Board of Elementary and Secondary Education – in practice, it has meant that the governor makes the choice. Rep. Harrison’s plan would change the constitution to require the election of the state superintendent.

HB 276 by Rep. Bret Geymann (R-Lake Charles) would also require the election of the state superintendent, but contends that a constitutional amendment is not necessary for the change.

Vouchers:

HB 192 by Rep. Kevin Pearson (R-Slidell) narrows the eligibility of kindergarten students for vouchers, changes the funding formula used to determine the amount allowed for vouchers, allows higher tuition for special education students in voucher schools and requires voucher funding to come from outside the Minimum Foundation Program. Thanks to a lawsuit initially filed by the LFT, the State Supreme Court found that funding vouchers through the MFP is unconstitutional.

*HB 701 by Rep. John Bel Edwards (D-Amite) repeals the section of existing law that allows vouchers for eligible students who are now in schools with a grade of “C.” Current law allows vouchers for those students if their public school is graded, “C”, “D” or “F”

*HB 702 by Rep. John Bel Edwards(D-Amite): Current law allows eligible students who are entering kindergarten to have vouchers if their local school is graded “C”, “D” or “F.” This bill would restrict the vouchers to schools graded “D” or “F”.

HB 836 by Rep. Joe Harrison (R-Gray) would require the State Department of Education to develop an accountability system for nonpublic schools that accept vouchers, and require compliance with the system by those schools.

HB 100 by Rep. Kirk Talbot (R-River Ridge) adds a new category of students who are eligible for vouchers: children whose parents feel that the local public school is not a safe learning environment.

HB 1228 by Rep. Franklin Foil (R-Baton Rouge) would require nonpublic schools that accept vouchers for students with exceptionalities to identify the special services they provide and explain how those services meet the students’ needs.

Charter schools:

HB 89 by Rep. Gregory Miller (R-Norco): Under current law, charter schools receive the same Minimum Foundation Program allotment as other public schools, including an amount intended to fund the Teachers’ Retirement System and the School Employees’ Retirement System. Some charter schools, however, do not participate in the state retirement systems. This bill would subtract that amount from the MFP money allocated to nonparticipating charter schools.

*HB 101 by Rep. John Bel Edwards (D-Amite) Would require charter schools to meet the same certification standards as other public schools.

*HB 124 by Rep. Patricia Smith (D-Baton Rouge) would require charter schools to hire teachers with a valid Louisiana teaching certificate, subject to availability.

HB 171 by Rep. Kevin Pearson (R-Slidell) would require charter school boards to offer their employees the opportunity to invest part of their income in the state’s deferred compensation plan.

HB 184 by Rep. Kenny Havard (R-Jackson) would clarify what happens to the assets of a charter school in case it loses its charter or otherwise ceases to operate. It also prohibits a charter school that is managed by a private firm from leasing that company’s property.

*HB 703 by Rep. John Bel Edwards (D-Amite) would prohibit the Board of Elementary and Secondary Education from granting a charter that was previously denied by a school system that has a grade of “A”, “B” or “C”.

HB 999 by Rep. Alfred Williams (D-Baton Rouge) would prohibit a charter school from paying more than 10 percent of its funding for contracted management fees.

HB 1208 by Rep. Vincent Pierre (D-Lafayette) would require free bus transportation for charter school students in parishes with populations between 195,000 and 225,000.

Common Core:

HB 988 by Rep. John Schroder (R-Covington) would allow local school boards to develop their own curricula in lieu of the content and methodology required by the State Department of Education or BESE.

 

LFT Weekly Legislative Digest- April 4, 2014- Common Core, Tuition Tax, and COLAs!

Common Core bills rejected by committee


Last-minute push by Jindal doesn’t sway members

Two bills aimed at halting the imposition of Common Core standards and the tests than measure them in Louisiana were deferred by the House Education Committee after grueling, hours-long testimony on Wednesday.

HB 381 by Rep. Brett Geymann (R-Lake Charles) would have replaced Common Core with new standards established by a 30-member commission. That body, including representatives from stakeholders like LFT and parent organizations, would write a set of stands which would then have to be approved by the legislature.

LFT President Steve Monaghan spoke in favor of the bill, saying that the standards debate is important because of the botched implementation of Common Core by the state Department of Education.

When Common Core was first proposed in 2010, he said, there was little discussion and no effort to explain Common Core in public forums. Instead, the focus was on passing an unpopular and controversial new teacher evaluation system.

“The subject is toxic,” he said, “but we’ll never know if it had to be. The public and educators were left out.”

In a surprising turn of events, Gov. Bobby Jindal – who in the past had been a supporter of Common Core – had his staff signal that he supported Rep. Geymann’s bill. That put the governor into what appeared to be an unlikely alliance with the LFT, other unions and school boards. At the same time, the governor’s traditional allies – the Louisiana Association of Business and Industry, the Council for a Better Louisiana, Stand for Children and the Board of Elementary and Secondary Education – all opposed HB 381. It even put the governor at odds with his hand-picked Superintendent of Education, John White, who vigorously defended Common Core.

Observers cautioned against making too much of the governor’s stance. He was not in the state during the debate, and no one from the administration spoke to the issue. Lawmakers who have been in lockstep with the governor on most issues voted against the bill. It did not seem that Jindal made its passage a very high priority.

Testimony on the bill began at 9:00 AM, and was suspended when the House came into session at 2:00 PM. The committee reconvened after adjournment, and continued for several more hours before the vote. Interestingly, opponents of the bill were given virtually unlimited time to speak against it, while supporters were limited to two minutes apiece.

HB 381 was involuntarily deferred after only seven members of the committee voted for it, while 12 opposed.

The next bill to be heard was HB 558 by Rep. Cameron Henry (R-Metairie), which would have suspended the PARCC test and converted it to a pilot program. That bill failed by the same 7-12 vote as HB 381.

Several other bills that would have affected Common Core and PARCC were voluntarily deferred by the authors.

Bill would expand tuition tax rebates

A House committee further expanded the state’s promotion of private education over public schools by approving HB 780 by Rep. Kirk Talbot )R-River Ridge).

The bill expands tax rebates for donations to private school tuition funds. It makes the children of any parents who claim they are unsafe in a public school eligible for tuition assistance from the donated funds.

The bill was approved by the House Ways and Means Committee on a 13-4 vote, and moves to the House floor for further action.

Senate approves voucher school transparency

Acting on a complaint from the legislative auditor’s office that it is difficult to determine how schools that accept vouchers account for the funds, the senate approved providing more oversight to the controversial program.

SB 460 by Sen. Robert Adley (R Benton) would require schools that accept state vouchers to maintain the public funds in a separate account. The bill passed the Senate by 35-0.

Election of BESE members deferred

A bill that would require the election of all members of the State Board of Elementary and Secondary Education was voluntarily deferred by its author.

Currently, eight of the 11 BESE members are elected from districts, while three are appointed by the governor. HB 374 by Rep. Brett Geymann (R-Lake Charles) would make all positions elected. The bill is supported by the LFT.

Retirement COLA bills proceed

Cost of living adjustments for retired teachers and school employees cleared hurdles when the Senate Finance Committee and the full Senate approved SB 19 and SB 21, both by Sen. Elbert Guillory (R-Opelousas). The COLAs will be paid out of the retirement systems’ experience accounts. They will be sent to the House Retirement Committee for further action.

The bills are part of a package granting COLAs to all four state retirement system members, and all must be approved in order for any retirees to get the increase. Final approval will require a two-thirds majority vote by the House of Representatives.

The Senate amended the bills, linking the 1.5% increase to a House measure that would limit future increases in order to reduce the systems’ unfunded accrued liabilities. The House bill is HB 1225 by Rep. Joel Robideaux (R-Lafayette); it has not yet been scheduled for a hearing by the House Retirement Committee.

Return to work bills deferred

Two bills that would have allowed certain education employees to return to work without sacrificing retirement benefits were voluntarily deferred by their authors.

SB 29 by Sen. Mike Walsworth (R-West Monroe) would allow diagnosticians and reading specialists to return to work without forfeiting their pension during reemployment.

SB 555 by Sen. Blade Morrish (R-Jennings) would have allowed all retirees age 65 and older to return to work without suspension of benefits.

Both bills had high actuarial costs which would jeopardize their passage, which spurred their voluntary deferral in the Senate Retirement Committee

Transparency bill sails through committee

Backed by a nearly unprecedented alliance, an LFT-sponsored bill aimed at making government more transparent to the public sailed easily through a hearing of the House and Governmental Affairs Committee.

HB 322 by Rep. Sam Jones (D-Franklin) would require all rulemaking bodies in the state – including the Board of Elementary and Secondary Education – to make their procedures much more open to the public.

Each agency would have to publish a rulemaking docket that notifies the public which rules are being created and where they are in the process.

Rules that are promulgated by state agencies have the force of law, but citizens are often at a loss when they try to get information as the rules move toward adoption. HB 322 would make it much easier for citizens to follow the progress of proposed rules and have an impact on their adoption.

The bill was approved without objection and sent to the full House for a vote. It had the support of the Louisiana Association of Business and Industry, physicians, the American Association of Retired Persons and the AFL-CIO.

House okays career diploma track

A bill approving a career diploma track for students who do not intend to go to college was unanimously approved by the House of Representatives.

HB 944 by Rep. Jim Fannin (R-Jonesboro) was amended to require all career diploma students to take the ACT. If the students also opt to take the “workers” assessment, their schools’ performance scores will be calculated based on the higher of the two scores. LT will continue to monitor the bill as it moves to the Senate.

Medicaid expansion bill temporarily stalls

Four instruments intended to expand Medicaid in the state and bring in some $15 billion to provide health care for moderate-income citizens were voluntarily deferred in the House Health and Welfare Committee.

HCR 1 by Rep. John Bel Edwards (D-Amite), HB 174 by Rep. Jared Brossett (D-New Orleans), HB 759 by Rep. Barbara Norton (D-Shreveport) and HB 261 by Rep. Herbert Dixon (D-Alexandria) would provide coverage for those who aren’t eligible for an Affordable Care Act subsidy, but are also too poor to afford health insurance on their own.

These instruments will be heard later this session, in conjunction with an event at the Capitol focusing on Medicaid expansion.

The week ahead

Monday, April 7

House Appropriations Committee:

The Higher Education budget is on the agenda.

HB587 by Rep. Thomas Carmody (R-Shreveport) is a Constitutional Amendment that would change the protections that the Minimum Foundation Program and some other funds have against budget cuts. It would no longer require the MFP to “fully fund” the cost of public education in Louisiana. Currently, higher education and health care bear the brunt of budget cuts because, unlike the MFP, their budgets do not have either statutory or constitutional protection.

Tuesday, April 8

House Appropriation Committee:

The budgets of the Louisiana Department of Education and Board of Elementary and Secondary Education will be on the agenda.

House Civil Law Committee:

HB 181 by Rep Randal Gaines (D-LaPlace) and Sen. Bob Kostelka (R-Monroe) will be debated. It would prevent appointed officials from falsely certifying that the grant of an injunction would create a deficit, so that plaintiffs who sue the state can have better access to justice. The bill is part of the LFT legislative agenda.

Thursday, April 10

House Labor and Industrial relations Committee:

A number of bills aimed at raising the state’s minimum wage, including HB 356 by Rep. Herbert Dixon (D-Alexandria), HB 382 by Rep. Jared Brossett (D-New Orleans), HB589 by Rep. Dixon and several others will be heard. Another series of bills by Rep. Marcus Hunter (D-Monroe) will address possible autonomy of local municipalities to set their own minimum wage.

House Retirement Committee:

Committee Chair Rep. Kevin Pearson (R-Slidell) will bring back his HB38, which changes the retirement age to 62 for members of the state retirement system. The last time this was heard in committee, Rep. Pearson attempted an amendment to also sweep the funds in the experience accounts of the state systems after COLA is paid. Those funds would be dedicated to the Unfunded Accrued Liability of the system.

LFT opposes the bill because it would use investment earnings to pay system debts that exist because the state failed to pay enough money into the system.

When the bill was heard earlier in the session, it was rejected but not involuntarily deferred by the committee. One new member has been added to the panel, giving Rep. Pearson reason to believe he can now move the bill forward.

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

LFT Legislative Digest- March 21, 2014-Data Protection, COLAs for retirees, and much, much more!

Data protection bill approved by committee

Efforts to protect student data from improper access moved ahead when the House Education Committee approved HB 1076 by Rep. John Schroder (R-Covington). The bill is a substitute for Rep. Schroder’s HB 946, the subject of emotional testimony in a March 12 hearing that ended with the voluntary deferral of the bill and a pledge to find a compromise version.
Supporters of the bill argued that the State Department of Education has improperly released individually identifiable student information to various vendors, and that the data has been shared without the knowledge and consent of parents. Third parties, they said, can easily access personal information about public school students. Opponents said that passage of the bill could prohibit collecting information that the federal government requires. That could jeopardize hundreds of millions of dollars in federal funding for schools. There was also concern that the bill could stop the collection of data used to determine TOPS awards and other financial aid for college-bound students.

In an effort to satisfy both sides, the new version limits access to student data and requires the Department of Education to create a system of identification numbers for public school students instead of using social security numbers. The bill provides for penalties including fines and imprisonment for violations.

LFT supports the bill, which was recommended favorably without objection.

Three similar bills have been voluntarily deferred, but remain on the calendar in case the need arises.

Senate panel approves COLAs for retirees

About 100,000 retired public servants, including teachers and school employees, are closer to receiving a cost of living adjustment to their retirement benefits.

The Senate Retirement Committee approved a package of bills aimed at funding COLAs from the experience accounts of retirement systems for teachers, school employees, state employees and state police. The increases amount to a bit less than $30 per month for each retiree.

The bills, SB 16, SB 18, SB 19 and SB 21, are all authored by the chair of the Senate Retirement Committee, Sen. Elbert Guillory (R-Opelousas). Because of the way Sen. Guillory linked the fates of the four bills, all of them must pass in order for any of the retirees to get a COLA.

The bills must pass by a two-thirds majority vote in both houses of the legislature and be signed by Gov. Jindal before the COLAs go into effect.

Substitute wage bill wins approval

The House Education Committee gave unanimous approve to an LFT-sponsored bill that allows school employees to be paid the full rate of a substitute teacher when they are asked to sub or to take on other duties outside their scope of their job description.

HB 242 by Rep. James Armes also requires local school systems to establish a uniform way for employees to report when they serve as substitutes.

LFT Legislative Director Mary-Patricia Wray testified on behalf of the bill, saying that it is only fair to pay employees for the extra work they are asked to do. The bill will be heard on the House floor.

Truth and transparency bill temporarily stalls

A bill aimed at making sure that appointed officials tell the truth in affidavits stalled this week when it was voluntarily deferred in the House Civil Law Committee.

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, so that plaintiffs who sue the state can have better access to justice.

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 voluntarily deferred to work out some amendments.

School district secession bill proceeds

A bill aimed at making it easier for school districts to fracture passed the Senate Education Committee without objection. SB 354 by Sen. Bodi White is a proposed constitutional amendment inspired by thus far unsuccessful efforts to create a new school district in southeastern East Baton Rouge Parish.

Under current law, several conditions must be met before a section of a school district is allowed to secede. A new district must be defined by constitutional amendment, which requires a two-thirds vote of both houses of the legislature and approval by a majority of the voters in the state.

In addition, the constitution has usually been interpreted to mean that a new school district must be inside a defined political subdivision such as a city or parish. A petition drive is now underway to create a new city in southeastern East Baton Rouge Parish.

Sen. White’s proposal would amend the constitution to say that any system created by the legislature would be eligible to receive public education funds.

LFT opposes the bill because creation of new school systems has a negative effect on funding for districts across the state.

The bill now moves to the Senate floor for action.

Panel rejects tenure reform bill

A proposal to loosen the restrictions placed on teacher tenure by Act 1 or 2012 stalled when no members of the Senate Education Committee would move to either approve or defer the bill.

Under Act 1, teachers must be rated “highly effective” for five out of six years in order to earn tenure, and those who have tenure automatically lose it if they are rated “ineffective” even once.

SB 94 by Sen. Rick Gallot (D-Ruston) would grant tenure to teachers who are rated highly effective for three consecutive years, and revoke it for teachers rated “ineffective” for two consecutive years.

In the 2024-25 school year, when new education accountability standards are completely phased in, the law would revert to the Act 1 of 2012 rule.

LFT President Steve Monaghan said the bill is a “modest proposal” that should help teachers who are already stressed by the confusion caused by the imposition of new standards.

“Constant change has disrupted faith in the system itself,” Monaghan said.

The only testimony against the bill came from a spokesperson for the Louisiana Association of Business and Industry. When Committee Chair Sen. Conrad Appel (R-Metairie) asked for a motion on the bill, there was no response from the panel.

Dues deduction for engineers approved, and why it’s important

The House Appropriations Committee approved without objection a bill allowing professional engineers employed by the state to pay their Louisiana Engineering Society dues by payroll deduction.

Why is HB 137 by Rep. Kenneth Havard (R-Jackson) being reported in the LFT’s Weekly Legislative Digest? Because this week yet another bill, HB 1059 by Rep. Kirk Talbot (R-River Ridge) was introduced that would prohibit the LFT and other public sector unions from collecting dues via payroll deduction.

That brings to four the total number of bills aimed at making it difficult for unions to collect the dues that finance their operations. If HB 137 is adopted, it would be further proof that some lawmakers want to single out unions for unfair treatment, while allowing payroll deductions for various other purposes.

Bills that expand tax credits are deferred

Two bills that would expand tax credits and help abandon public education were voluntarily deferred by their author in the House Education Committee.

HB 779 and HB 780 by Rep. Kirk Talbot (R-River Ridge) would have expanded tax rebates for contributions to nonpublic schools and given rebates for donations to cover the tuition of students whose parents believe they are “unsafe” in public school.

LFT opposed these bills because they encourage the abandonment of public schools and do nothing to help make public schools better funded and more successful.

Senate passes textbook adoption bill

A bill that sets new rules for textbook adoption was passed by the Senate and sent to the House for further action.

SB 336 by Sen. Conrad Appel (R-Metairie) establishes an online review process for new textbooks, but leaves most of the decisions about who will review the materials up to the Board of Elementary and Secondary Education.

LFT opposes the bill because it differs from the recommendations made by a textbook task force in which the Federation participated.

The bill does not establish a cycle for the purchase of textbooks, doesn’t provide for a textbook depository to ensure that school systems get the benefit of volume purchases, and gives BESE wide latitude over selecting the stakeholders who will be involved in the review.

In a related issue, the House Education Committee approved HB 690 by Rep. Chris Broadwater (R-Hammond), which would allow school districts to set up cooperatives to buy instructional materials at a group rate. LFT supports this bill.

Sick leave bill progresses; LFT questions unintended consequences

After winning approval by the Senate Education Committee, a bill that could affect the benefits allowed to teachers who are assaulted on the job was adopted by the full Senate and sent to the House side for further action.

SB 172 by Sen. Page Cortez (R-Lafayette) has several sections that could reduce benefits for teachers on long term leave after being assaulted or otherwise injured on the job (contact the MKH law firm for further consultation on the subject). 

LFT opposed the bill in committee. The Federation is waiting to see if it is amended to prevent unintended consequences that could mean teachers who are injured on the job do not have the choice to use all of their sick leave before using workers’ compensation benefits, which are lower than full salary.

House blocks bill barring union employees from retirement system

A second bill that would prevent future employees of the Louisiana Federation of Teachers and three other organizations from participating in the Teachers’ Retirement System of Louisiana was blocked in the House of Representatives.

HB 45 by Rep. Alan Seabaugh (R-Shreveport) is similar to another bill, HB 25 by Rep. Kirk Talbot, which was approved by the House Retirement Committee earlier in the session and sent to the House for a vote.

Because Rep. Seabaugh requested a hearing for his bill less than 24 hours prior to a retirement committee meeting, it required a two-thirds vote in the House to suspend the rules. A largely party-line vote, in which most Democrats voted “no,” denied Rep. Seabaugh the opportunity to hear his bill in committee.

House panel defers bills

The House and Governmental Affairs Committee voluntarily deferred two bills that had been endorsed by LFT.

HB 424 by Rep. Ledricka Thierry (D-Opelousas) would authorize the legislative auditor to conduct audits of schools that accept vouchers. The auditor already conducts such audits, but this bill would have explicitly authorized the practice.

HB 92 by Rep. Marcus Hunter (D-Monroe) is a proposed constitutional amendment that would allow municipalities to adopt their own minimum wage practices.

Report: BESE did not approve the MFP sent to legislature

The version of the proposed Minimum Foundation Program formula sent to the State Legislature by the Department of Education is different from the one adopted by the Board of Elementary and Secondary Education, according to a report in a Monroe newspaper.

The revelation makes it more difficult to predict whether lawmakers, already at odds with BESE over the funding formula, will approve it later in the session.

Monroe News-Star reporter Barbara Leader wrote that BESE Executive Director Heather Cope informed members of the board that changes were made to the document they approved on March 13.

In the article, Superintendent of Education John White contends that he has the authority to make technical changes to the MFP after it is approved by the board. 

Cope’s message to members says, “The board will be asked to approve the technical edit…when the official minutes are brought to the board for approval at its April meeting.”

Board member Lottie Beebe told the News-Star that she is very concerned about the department “sending something to the Legislature that has not been approved by BESE.”

As reported in last week’s Legislative Digest, the adoption of the MFP was marked by confusion. At one point, BESE President Chas Roemer recessed the meeting to meet with staff and write new language for the MFP to satisfy concerns of members and stakeholders. A hastily written addition suggested that the legislature will be allowed to pump more money into the formula provided that funds are identified and that lawmakers refrain from changing educational standards and accountability.

Big business goes on the offensive:
Washington, D.C. lobbyists try to silence Louisiana public servants

Once again, some Louisiana lawmakers have introduced bills that would prohibit public employees from paying their professional organization dues through payroll deduction.

Similar bills were introduced in the past two sessions; none of them advanced past the committee level.

The bills are part of a nationwide campaign by big business to silence the voices of union members. In states like Wisconsin, the attack on public sector unions led to ugly disruptions and strife that gained nationwide publicity.

In Louisiana, three bills have been introduced that would prohibit the payroll deduction of union dues for public employees. HB 172 by Rep. Kirk Talbot (R-River Ridge) and HB 451 by Rep. Alan Seabaugh (R-Shreveport) are expected to be heard by the House Committee on Labor and Industrial Relations, and SB 440 by Rep. Danny Martiny (R-Metairie) is slated for a Senate Finance Committee hearing.

A Washington, D.C. big business lobby, the National Right to Work Committee, has already sent members of the House a letter supporting efforts to silence public employees. The letter, which is rife with factual errors, claims that the payroll deduction of dues is “a foot in the door to force compulsory unionism on all of Louisiana’s government employees.”

That is, of course, a lie. Louisiana is a right-to-work state. Membership in unions is completely voluntary, and there is nothing on the horizon to suggest that it will change.

In a floor letter to representatives, LFT President Steve Monaghan wrote that payroll deduction is a service that is “available to credit unions, insurance companies and numbers of other vendors as well as associations and union. It is and has been a part of the payroll systems already in use by municipal, parish and state government offices. 

“In fact, payroll deduction is a service that has been available to employees for decades. Despite NRWC’s dire insinuations and warnings, never in all that time has “compulsory unionism” been an issue raised by anyone.”

The complete text of the LFT floor note is here.

Panel: Retirement contribution rates to remain level

School boards and other employers breathed a sigh of relief when the Public Retirement Systems’ Actuarial Committee decided against raising the employers’ share of contributions to the Teachers’ and State Employees’ retirement systems.

Leaders had been braced for an increase of as much as four percent, based on estimates from the state Legislative Auditor’s Office – a hike that would have cost local school boards as much as $100 million.

Instead, PRSAC accepted an analysis from the retirement systems’ own experts, who were more optimistic about the expected earnings from system investments.

PRSAC is required to determine what contributions to the retirement systems must be in order to comply with the law.

Retirement panel takes a slap at union employees

A bill approved by the House Retirement Committee on Thursday is aimed at discouraging members of the Teachers’ Retirement System of Louisiana from working for the Louisiana Federation of Teachers and other unions and advocacy groups.

Under current law, teachers who work for LFT, LAE and others retain their membership in the retirement system. That is a longstanding courtesy for retirement system employees who go to work for an education-related organization like LFT.

HB 25 by Rep. Kirk Talbot (R-River Ridge) says that future employees of LFT, LAE, A+PEL and the Louisiana Resource Center for Educators cannot become members of TRSL, and cannot remain members if they are already in the system.

The committee voted 6—3 to approve the bill. LFT Legislative Director Mary-Patricia Wray said the bill is punitive. “It’s aimed at making people not want to come to work for these organizations,” she said.

Louisiana Federation of Teachers Weekly Legislative Digest- March 28, 2014

Louisiana Federation of Teachers

Weekly Legislative Digest

March 28, 2014

Steve Monaghan, President * Les Landon, Editor

2014 Regular Legislative Session

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

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

Data protection bill approved by committee

Efforts to protect student data from improper access moved ahead when the House Education Committee approved HB 1076 by Rep. John Schroder (R-Covington). The bill is a substitute for Rep. Schroder’s HB 946, the subject of emotional testimony in a March 12 hearing that ended with the voluntary deferral of the bill and a pledge to find a compromise version.

Supporters of the bill argued that the State Department of Education has improperly released individually identifiable student information to various vendors, and that the data has been shared without the knowledge and consent of parents. Third parties, they said, can easily access personal information about public school students.

Opponents said that passage of the bill could prohibit collecting information that the federal government requires. That could jeopardize hundreds of millions of dollars in federal funding for schools. There was also concern that the bill could stop the collection of data used to determine TOPS awards and other financial aid for college-bound students.

In an effort to satisfy both sides, the new version limits access to student data and requires the Department of Education to create a system of identification numbers for public school students instead of using social security numbers. The bill provides for penalties including fines and imprisonment for violations.

LFT supports the bill, which was recommended favorably without objection.

Three similar bills have been voluntarily deferred, but remain on the calendar in case the need arises.

Senate panel approves COLAs for retirees

About 100,000 retired public servants, including teachers and school employees, are closer to receiving a cost of living adjustment to their retirement benefits.

The Senate Retirement Committee approved a package of bills aimed at funding COLAs from the experience accounts of retirement systems for teachers, school employees, state employees and state police. The increases amount to a bit less than $30 per month for each retiree.

The bills, SB 16, SB 18, SB 19 and SB 21, are all authored by the chair of the Senate Retirement Committee, Sen. Elbert Guillory (R-Opelousas). Because of the way Sen. Guillory linked the fates of the four bills, all of them must pass in order for any of the retirees to get a COLA.

The bills must pass by a two-thirds majority vote in both houses of the legislature and be signed by Gov. Jindal before the COLAs go into effect.

Substitute wage bill wins approval

The House Education Committee gave unanimous approve to an LFT-sponsored bill that allows school employees to be paid the full rate of a substitute teacher when they are asked to sub or to take on other duties outside their scope of their job description.

HB 242 by Rep. James Armes also requires local school systems to establish a uniform way for employees to report when they serve as substitutes.

LFT Legislative Director Mary-Patricia Wray testified on behalf of the bill, saying that it is only fair to pay employees for the extra work they are asked to do. The bill will be heard on the House floor.

Truth and transparency bill temporarily stalls

A bill aimed at making sure that appointed officials tell the truth in affidavits stalled this week when it was voluntarily deferred in the House Civil Law Committee.

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, so that plaintiffs who sue the state can have better access to justice.

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 voluntarily deferred to work out some amendments.

School district secession bill proceeds

A bill aimed at making it easier for school districts to fracture passed the Senate Education Committee without objection. SB 354 by Sen. Bodi White is a proposed constitutional amendment inspired by thus far unsuccessful efforts to create a new school district in southeastern East Baton Rouge Parish.

Under current law, several conditions must be met before a section of a school district is allowed to secede. A new district must be defined by constitutional amendment, which requires a two-thirds vote of both houses of the legislature and approval by a majority of the voters in the state.

In addition, the constitution has usually been interpreted to mean that a new school district must be inside a defined political subdivision such as a city or parish. A petition drive is now underway to create a new city in southeastern East Baton Rouge Parish.

Sen. White’s proposal would amend the constitution to say that any system created by the legislature would be eligible to receive public education funds.

LFT opposes the bill because creation of new school systems has a negative effect on funding for districts across the state.

The bill now moves to the Senate floor for action.

Panel rejects tenure reform bill

A proposal to loosen the restrictions placed on teacher tenure by Act 1 or 2012 stalled when no members of the Senate Education Committee would move to either approve or defer the bill.

Under Act 1, teachers must be rated “highly effective” for five out of six years in order to earn tenure, and those who have tenure automatically lose it if they are rated “ineffective” even once.

SB 94 by Sen. Rick Gallot (D-Ruston) would grant tenure to teachers who are rated highly effective for three consecutive years, and revoke it for teachers rated “ineffective” for two consecutive years.

In the 2024-25 school year, when new education accountability standards are completely phased in, the law would revert to the Act 1 of 2012 rule.

LFT President Steve Monaghan said the bill is a “modest proposal” that should help teachers who are already stressed by the confusion caused by the imposition of new standards.

“Constant change has disrupted faith in the system itself,” Monaghan said.

The only testimony against the bill came from a spokesperson for the Louisiana Association of Business and Industry. When Committee Chair Sen. Conrad Appel (R-Metairie) asked for a motion on the bill, there was no response from the panel.

Dues deduction for engineers approved, and why it’s important

The House Appropriations Committee approved without objection a bill allowing professional engineers employed by the state to pay their Louisiana Engineering Society dues by payroll deduction.

Why is HB 137 by Rep. Kenneth Havard (R-Jackson) being reported in the LFT’s Weekly Legislative Digest? Because this week yet another bill, HB 1059 by Rep. Kirk Talbot (R-River Ridge) was introduced that would prohibit the LFT and other public sector unions from collecting dues via payroll deduction.

That brings to four the total number of bills aimed at making it difficult for unions to collect the dues that finance their operations. If HB 137 is adopted, it would be further proof that some lawmakers want to single out unions for unfair treatment, while allowing payroll deductions for various other purposes.

Jindal budget raises funding for technical and community colleges

Community and technical colleges will see a $6.1 million increase in funding under the higher education budget proposed by the Jindal administration, the Senate Finance Committee was told this week.

According to Commissioner of Administration Kristi Nichols, the money will be directed toward schools with a rapid growth rate. Nichols specifically mentioned Baton Rouge Community College, Delgado Community College and Bossier Parish Community College as recipients of the funds. It should help the schools’ ability to compete for a share of some $40 million that the governor had previously earmarked for schools that offer courses aligned with the state’s workforce needs.

That $40 million is not new funding; it supplants an appropriation for operations and maintenance that is in the current year’s budget.

All told, the governor has proposed a higher education funding increase amounting to $142 million for next year, finally reversing a five-year trend of annual budget cuts.

But that figure can be deceiving. About $88 million of the increase will come from tuition increases. According to a report from the Louisiana Budget Project, that means the actual increase of state funds to higher education’s $2.6 billion budget is just $14 million.

Click here to see the Louisiana Budget Project’s analysis of the higher education budget.

Unconstitutional creationism bill to remain on the books

A bill to repeal a law requiring the teaching of creationism in Louisiana science classes was overwhelmingly rejected by the Senate. That law, the Creation Science and Evolution Science Education Act, was declared unconstitutional by the U.S. Supreme Court in 1987.

The repeal bill, SB 70 by Sen. Dan Claitor (R-Baton Rouge) had been forwarded to the Senate without any recommendation and after little debate by the Senate Education Committee.

Why would lawmakers retain a law that has been declared unconstitutional by the highest court in the land? Supporters of creationism as science are hopeful that the Supreme Court may one day change its ruling, and want to have a law already enacted to promote creationism in Louisiana schools.

Bills that expand tax credits are deferred

Two bills that would expand tax credits and help abandon public education were voluntarily deferred by their author in the House Education Committee.

HB 779 and HB 780 by Rep. Kirk Talbot (R-River Ridge) would have expanded tax rebates for contributions to nonpublic schools and given rebates for donations to cover the tuition of students whose parents believe they are “unsafe” in public school.

LFT opposed these bills because they encourage the abandonment of public schools and do nothing to help make public schools better funded and more successful.

Senate passes textbook adoption bill

A bill that sets new rules for textbook adoption was passed by the Senate and sent to the House for further action.

SB 336 by Sen. Conrad Appel (R-Metairie) establishes an online review process for new textbooks, but leaves most of the decisions about who will review the materials up to the Board of Elementary and Secondary Education.

LFT opposes the bill because it differs from the recommendations made by a textbook task force in which the Federation participated.

The bill does not establish a cycle for the purchase of textbooks, doesn’t provide for a textbook depository to ensure that school systems get the benefit of volume purchases, and gives BESE wide latitude over selecting the stakeholders who will be involved in the review.

In a related issue, the House Education Committee approved HB 690 by Rep. Chris Broadwater (R-Hammond), which would allow school districts to set up cooperatives to buy instructional materials at a group rate. LFT supports this bill.

Sick leave bill progresses; LFT questions unintended consequences

After winning approval by the Senate Education Committee, bill that could affect the benefits allowed to teachers who are assaulted on the job was adopted by the full Senate and sent to the House side for further action.

SB 172 by Sen. Page Cortez (R-Lafayette) has several sections that could reduce benefits for teachers on long term leave after being assaulted or otherwise injured on the job.

LFT opposed the bill in committee. The Federation is waiting to see if it is amended to prevent unintended consequences that could mean teachers who are injured on the job do not have the choice to use all of their sick leave before using workers’ compensation benefits, which are lower than full salary.

House blocks bill barring union employees from retirement system

A second bill that would prevent future employees of the Louisiana Federation of Teachers and three other organizations from participating in the Teachers’ Retirement System of Louisiana was blocked in the House of Representatives.

HB 45 by Rep. Alan Seabaugh (R-Shreveport) is similar to another bill, HB 25 by Rep. Kirk Talbot, which was approved by the House Retirement Committee earlier in the session and sent to the House for a vote.

Because Rep. Seabaugh requested a hearing for his bill less than 24 hours prior to a retirement committee meeting, it required a two-thirds vote in the House to suspend the rules. A largely party-line vote, in which most Democrats voted “no,” denied Rep. Seabaugh the opportunity to hear his bill in committee.

Higher Ed retirement bill advances

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.

Share My Lesson reaches milestone, offers free lesson plans

Share My Lesson has reached a milestone of 300,000 user-generated online lesson plans and other classroom resources. It is now the largest digital collection of free materials for educators, paraprofessionals, parents and community organizations. The joint venture between the American Federation of Teachers and TES Connect, which launched in June 2012, has a community of more than 480,000 registered users.

Just recently, Share My Lesson posted “Care Packages,” making it easier than ever for users to find the most applicable resources for their classroom. The virtual Care Package is specified by grade or subject and features relevant Common Core-aligned resources for each category.

Share My Lesson allows educators to collaborate with each other through the sharing of teaching and learning best practices. Resources are easily accessible and quality checked through a peer-review process.

House panel defers bills

The House and Governmental Affairs Committee voluntarily deferred two bills that had been endorsed by LFT.

HB 424 by Rep. Ledricka Thierry (D-Opelousas) would authorize the legislative auditor to conduct audits of schools that accept vouchers. The auditor already conducts such audits, but this bill would have explicitly authorized the practice.

HB 92 by Rep. Marcus Hunter (D-Monroe) is a proposed constitutional amendment that would allow municipalities to adopt their own minimum wage practices.

 

The week ahead

Monday, March 31

House Ways and Means Committee:

HB 780 by Kirk Talbot 9R-river Ridge) expands the now uncapped tax rebates for donations to private schools, by allowing for eligibility of any student whose parents deem them to be unsafe in a public school. LFT opposes this bill.

Senate Finance Committee:

SB 19 and SB 21 by Sen. Elbert Guillory (R-Opelousas), which grant COLAs to retired members of the Louisiana School Employees Retirement System and the Teachers Retirement System, will be considered. These bills have already passed out of Senate Retirement and are fully funded with investment earnings from the Experience Accounts of both systems. LFT supports these bills.

Senate Retirement Committee:

SB 29 by Mike Walsworth (R-West Monroe) would allow diagnosticians and reading specialist to return to work without forfeiting their pension during reemployment. LFT supports this bill, and acknowledges the significant actuarial cost that would be created by its passage.

SB 555 by Blade Morrish (R-Jennings) allows all retirees 65 and older to return to work without suspending their benefits. LFT supports this bill, but its actuarial cost makes it unlikely to be adopted.

Wednesday, April 2

House Education Committee:

A whole package of bills aimed at the Common Core Curriculum will be considered by the committee. HB381 by Brett Geymann (R-Lake Charles) would create a commission, of which LFT would be a member, to design new state-based content standards. Of all the “common core opt out” bills, this one is closest for a plan to replace those standards with new ones. For that reason, LFT supports this bill.

Also being heard this week in House Education are HB 558 by Rep. Cameron Henry (R-Metairie), HB 996 by John Schroder (R-Covington) and HB 163 by Henry Burns (R-Mandeville). All of those prohibit the implementation of PARCC tests, and require use of LEAP tests instead. HB 988 by Rep. Schroder allows local school districts to develop and implement their own curriculum content. HB 1054 by Rep. Jerome “Dee” Richard (No party- Thibodaux) would require all public and voucher school teachers to take Common Core Aligned assessments themselves before administering them to students.

House Health and Welfare Committee:

HCR 1 by Rep. John Bel Edwards (D-Amite), HB 174 by Jared Brossett (D-New Orleans), HB 759 by Rep. Barbara Norton (D-Shreveport), and HB 261 by Rep. Herbert Dixon (D-Alexandria) would all expand Medicaid to provide health coverage for those who aren’t eligible for a subsidy under the Affordable Care Act, but are also too poor to afford health insurance on their own. That would bring an additional $15 billion worth of health care dollars to Louisiana.LFT has supported Medicaid expansion in our state for some time. Expanding Medicaid will bring jobs to Louisiana, and stop the flow of our federal tax dollars to other states to cover their uninsured citizens.

House and Governmental Affairs:

HB 374 by Rep. Brett Geymann (R-Lake Charles) would make all BESE positions elected. LFT supports this bill.

Thursday, April 3

House and Governmental Affairs Committee:

HB 322 by Rep. Sam Jones D-Franklin) would require all rulemaking bodies in Louisiana, including BESE, to publish a rulemaking docket to give notice to the public of deadlines for public comment on rules in development. Rules promulgated by state agencies have the force and effect of law, and citizen involvement is often hampered by the difficulties associated with accessing information about rules and regulations as they move towards final adoption. This bill will help ease the challenges to concerned citizens who want to have an impact on agency rulemaking. The bill is part of LFT’s legislative package.

 

LFT Weekly Legislative Digest

LFT Weekly Legislative Digest

March 14th, 2014

Controversy swirls around new MFP formula

After the State Board of Elementary and Secondary Education was unable to agree on a public education funding formula at its regular March meeting, members convened in special session on March 13 to try again. In a contentious session, members were able to adopt a $3.5 billion Minimum Foundation Program plan, but considerable opposition from stakeholders raised questions of the MFP’s viability when it gets to the legislature.

Opponents such as LFT President Steve Monaghan were disappointed that the Department of Education deviated from the recommendations made by a special MFP Task Force which met for months. The proposal did not annualize a 2.75% increase to public education funding, which would have added another $69 million to the MFP. The plan does, however, drain resources from local school boards to pay for state schools and for the scandal-plagued Course Choice program.

“You are taking money for state schools and course choice away from local school districts that are already stressed,” Monaghan said. In essence, he said, the plan asks school boards to stretch basically the same amount of money to cover programs that may not have the approval of local voters.

In addition, he said, the Federation is disappointed that BESE does not want to direct half of the MFP funds to salary increases for teachers and school employees.

Lawmakers who testified complained that a standstill MFP will not help with growing expenses for retirement, insurance and classroom technology. Spokesmen for school superintendents and school boards also opposed the MFP, saying that changes made after the task force completed its mission were not shared with stakeholders.

Passage of the MFP was no sure thing. After BESE members voted once to defeat the plan, BESE President Chas Roemer recessed the board to meet with staff and write a compromise. A hastily written addition suggested that the legislature will be allowed to pump more money into the formula provided that funds are identified and that lawmakers refrain from watering down educational standards and accountability.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Tell Jindal and White to stop the lawsuits and work together

For the second time, a state court has struck down Act 1 of 2012, the so-called “talent act,” because it violates a prohibition on bundling too many objectives in a single law.

Act 1 is a reflection of the governor’s very wrong opinions about teachers. We strongly believe that the law has harmed teachers. If each of its elements had been introduced as separate laws, we would have opposed all of them.

We wish the lawsuits were not necessary. But until the Jindal administration respects both the rule of law and the teachers who dedicate their lives to the children of Louisiana, we have no choice.

To learn more and send Gov. Jindal and Supt. White a letter, please click here. Tell Gov. Jindal and Supt. White that it’s time to stop the lawsuits and work together in the best interest of all our children and the professionals who work in our schools.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Textbook selection bill passes committee

A plan to change the way textbooks are selected in Louisiana was approved by the Senate Education committee.

SB 336 by Sen. Conrad Appel (R-Metairie) would give parents and local school system more of a say in choosing textbooks. Public comment would be allowed on every text considered by the state, and the ultimate authority to choose a book would be up to the local school board.

Some controversy erupted over the bill when parents opposed to Common Core standards complained about a section that requires Louisiana textbooks to align with state content standards. Sen. Appel told the parents that Common Core has nothing to do with this bill, and noted that many opportunities will arise to discuss Common Core as the session progresses.

LFT opposes the bill because of the bill could result in increased costs to local school systems. The bill goes to the full Senate for a vote.

An identical bill in the House of Representatives, HB 867 by Rep. Frank Hoffman (R-West Monroe), was deferred by the House Education Committee.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Panel okays bill to give principals more power

Over the objection of the Louisiana Principals’ Association and LFT, the Senate Education Committee approved a bill that enhances the authority of certain principals.

SB 385 by Sen. Eric LaFleur (D-Ville Platte) would allow schools with a principal rated “highly effective” to be declared “empowered community schools.” The principal would have much more control over hiring decisions, instructional planning, budget decisions and more.

LFT opposed the bill, along with the principals association and other groups. Saying that there “has not been a lot of empowerment for teachers over the last few years,” LFT President Steve Monaghan questioned whether a principal should be given so much of the credit for a school’s success.

It’s wrong to “celebrate one leader without acknowledging all those who make a school work,” he said.

The bill is identical to one that passed the Senate last year before being deferred by the House Education Committee.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Sick leave bill progresses; LFT objects

A bill that could affect the benefits allowed to teachers who are assaulted on the job was approved by the Senate Education Committee over the objection of the LFT.

SB 172 by Sen. Page Cortez (R-Lafayette) has several sections that could reduce benefits for teachers on long term leave after being assaulted or otherwise injured on the job.

LFT President Steve Monaghan said the bill is unclear about whether its passage could “force or pressure a person to retire” early in order to retain benefits.

Sen. Cortez agreed to address the LFT’s concerns before the bill is heard on the Senate floor.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Move to change Regents appointments proceeds

A plan to restrict the governor’s ability to appoint members of the Board of Regents and to further define the requirements for serving on the board was partially approved by the H9use Education Committee.

HB 588 and HB 696, both by Rep. Steve Carter (R-Baton Rouge) require passage of a constitutional amendment by voters. HB 588, the proposed amendment, was approved by the committee but HB 696, which spells out the new requirements to serve on Regents, was delayed until later in the session. Rep. Carter expressed optimism that the two bills will ultimately pass and be sent to voters for a decision.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

 

Campus gun auctions approved by committee

HB 244 by Rep. Chris Broadwater (R-Hammond) would allow non-profit organizations to hold higher education campuses fund raising events on that include the auction of firearms. The bill was unanimously approved by the House Education Committee.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Single college application bill proceeds

A bill that would create a single application process for all Louisiana colleges and universities was approved by the Senate Education Committee. No one spoke in opposition to SB 62 by Sen. Conrad Appel (R-Metairie), and it was unanimously approved. It moves to the Senate floor for debate.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Return to work bills heard

One bill that would allow educators to return to work as substitutes without a requirement that they earn no more than 25% of their retirement income was defeated by the House retirement Committee, while another was voluntarily deferred for clarification.

HB 29 by Rep. Kenny Cox (D-Natchitoches) would allow all members of the retirement system to return to work without the cap on their income. It was rejected by the committee when Reps. Nick Lorusso (R-New Orleans, Kirk Talbot (R-River Ridge), Barry Ivey (R-Baton Rouge), Paul Hollis (R-Covington), and Kevin Pearson (R-Slidell) voted no. Supporting the bill were Reps. Gene Reynolds (D-Minden), Sam Jones (D-Franklin), Jack Montoucet (D-Crowley) and Ed Price (D-Gonzales.)

A second bill, HB 82 by Rep. Sam Jones, was voluntarily deferred in order to get a new fiscal note and work out other details. The bill is intended to make sure that more certificated classroom teachers can return to work as substitutes in the future.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org

 

Rep. Landry plans bills to re-enact Act 1

An Acadiana lawmaker has introduced a package of bills aimed at recreating the effects of Act 1 of 2012 in case the Louisiana Supreme Court agrees with a lower court and rules the act unconstitutional. A Baton Rouge court has ruled the act unconstitutional either entirely or in part three times; a final decision is awaited from the Supreme Court.

In case the act is indeed ruled unconstitutional, Rep. Nancy Landry (R-Lafayette) has asked the colleagues to pass a package of bills that recreate the most egregiously offensive sections of the 2012 law.

HB 651 restricts the authority of local school boards and grants it to superintendents instead.

HB 652 bases teacher salaries mainly on evaluations, requires new salary schedules, and prevents teachers rated “ineffective” from receiving raises.

HB 653 requires teachers to be rated “highly effective” for five of six years to earn tenure, to immediately lose tenure if rated ineffective once, to make non-tenured teachers at-will employees, and guts due process protections.

A related bill, HB 1022, removes school boards from virtually and personnel decisions, grants that authority to superintendents, and makes it very difficult for a school board to terminate a superintendent.

LFT will oppose all of these bills when they are heard in committee.

LFT Weekly Legislative Digest Now available on the Web at http://la.aft.org