Repost from the MEA:
Senate passes anti-collective bargaining, anti-tenure bills
Posted on 06/30/11 at 8:51pm
Gov. Rick Snyder is expected to sign legislation that passed this evening to strip public employees of collective bargaining rights and dismantle teacher tenure.
With many teachers and education support professionals looking on from the gallery above the legislative chamber, the GOP-led Senate passed the four-bill package. House Bills 4625-4628 previously passed in the House.
“This is a shameful day in Michigan,” said Sen. John Gleason, D-Flushing, who opposed the bills.
House Bill 4626 allows schools to fire teachers for almost any reason that is not arbitrary and capricious, a much lower standard than current reasonable and just cause protections.
Under House Bill 4628, public employees will lose the right to collectively bargain many new subjects, including evaluation, job placement, merit pay, and more.
The changes are the most sweeping revisions to the state’s Public Employment Relations Act since 1994, when lawmakers and then-Gov. John Engler banned strikes by public school employees.
The final votes on the bills were: House Bill 4625 passed 25-13; House Bill 4626 passed 25-13;House Bill 4627 passed 20-17; and, House Bill 4628 passed 20-18.
Thursday, June 30, 2011
Monday, June 27, 2011
Tenure Bills and Hard Cap are NOW IN THE SENATE!
A RE- CAP from “Capitol Comments”, June 24th, 2011.
A new Senate bill has been introduced: SB 503, sponsored by Sen. Roger Kahn (R-Saginaw). It makes changes to the tenure process without assaulting the rights of teachers working in Michigan public schools. The bill would shift tenure decisions from the current lengthy process through the Tenure Commission to a locally-initiated arbitration process. It would save districts money and limit the time involved in making decisions about dismissing tenured teachers.
MEA President Iris K. Salters. “SB 503 refocuses the current tenure debate back on the real issues, rather than simply disguising an outright attack on the due process and collective bargaining rights of school employees, as was done with House Bills 4625-4628.”
House Bills 4625-4628 passed by the House earlier this month and reported out of the Senate Education Committee last week. They effectively dismantle teacher tenure by removing “reasonable and just cause” protections for firing tenured teachers and prohibiting all school employees from bargaining about a broad variety of subjects related to their working environments and their students' learning environments. This would effectively require fired teachers to take every case to federal court, costing districts even more money than the current tenure process.
“Tenure was developed more than 70 years ago to protect good teachers – not bad ones,” Salters said. “No one wants bad teachers in Michigan classrooms. But we all want our basic rights protected, and HBs 4625-4628 assault those basic rights to due process and collective bargaining.”
There is some indication Senators in Lansing support keeping “JUST CAUSE” as the determination for job action decisions. This wordage is very important as legally it implies that a certain level of proof MUST be met before someone can be discharged from their jobs. This is a VERY IMPORTANT piece of any tenure bill that might come out of the state’s legislature.
The legislature goes on vacation JULY 1st – FRIDAY! There is every indication they are apt to move this legislation very quickly this week to beat that deadline!
ALSO ON TAP IS SENATE consideration of the bill passed by the House last week putting a HARD CAP on insurance payments school districts are allowed to pay BY LAW. This would BLOCK any local bargaining regarding employee payments in the future.
A HARD CAP on insurance would mean that the State would pass a law that would CAP the amount of money a district could pay toward an employee’s health benefits. At this time, the caps set by this legislation are (these figures have changed since the last blog):
1) Single - $5000
2) 2 Person - $12,000
3) Family - $15,000
In the last round of talks in the Senate, most senators were against the hard cap because they see that it is a one-price-for-all type of deal. If you only make $30,000 or if your make $80,000, the amount does not change. Therefore it unfairly punishes those at lower salary levels.
PLEASE email or call Senator Kowall and Senator Hune and emphasize your support for:
1) Arbitration in place of the Tenure Commission Hearings
2) Ask him to support Senate Bill 503
3) As him to support the words DUE PROCESS be included in any language that deals with teacher discipline or dismissal!
4) Ask him to VOTE AGAINST "Hard Caps" on insurance payments because it unfairly penalizes those with lower pay
State Senator Mike Kowall R-White Lake Twp
517-373-1758
SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
A new Senate bill has been introduced: SB 503, sponsored by Sen. Roger Kahn (R-Saginaw). It makes changes to the tenure process without assaulting the rights of teachers working in Michigan public schools. The bill would shift tenure decisions from the current lengthy process through the Tenure Commission to a locally-initiated arbitration process. It would save districts money and limit the time involved in making decisions about dismissing tenured teachers.
MEA President Iris K. Salters. “SB 503 refocuses the current tenure debate back on the real issues, rather than simply disguising an outright attack on the due process and collective bargaining rights of school employees, as was done with House Bills 4625-4628.”
House Bills 4625-4628 passed by the House earlier this month and reported out of the Senate Education Committee last week. They effectively dismantle teacher tenure by removing “reasonable and just cause” protections for firing tenured teachers and prohibiting all school employees from bargaining about a broad variety of subjects related to their working environments and their students' learning environments. This would effectively require fired teachers to take every case to federal court, costing districts even more money than the current tenure process.
“Tenure was developed more than 70 years ago to protect good teachers – not bad ones,” Salters said. “No one wants bad teachers in Michigan classrooms. But we all want our basic rights protected, and HBs 4625-4628 assault those basic rights to due process and collective bargaining.”
There is some indication Senators in Lansing support keeping “JUST CAUSE” as the determination for job action decisions. This wordage is very important as legally it implies that a certain level of proof MUST be met before someone can be discharged from their jobs. This is a VERY IMPORTANT piece of any tenure bill that might come out of the state’s legislature.
The legislature goes on vacation JULY 1st – FRIDAY! There is every indication they are apt to move this legislation very quickly this week to beat that deadline!
ALSO ON TAP IS SENATE consideration of the bill passed by the House last week putting a HARD CAP on insurance payments school districts are allowed to pay BY LAW. This would BLOCK any local bargaining regarding employee payments in the future.
A HARD CAP on insurance would mean that the State would pass a law that would CAP the amount of money a district could pay toward an employee’s health benefits. At this time, the caps set by this legislation are (these figures have changed since the last blog):
1) Single - $5000
2) 2 Person - $12,000
3) Family - $15,000
In the last round of talks in the Senate, most senators were against the hard cap because they see that it is a one-price-for-all type of deal. If you only make $30,000 or if your make $80,000, the amount does not change. Therefore it unfairly punishes those at lower salary levels.
PLEASE email or call Senator Kowall and Senator Hune and emphasize your support for:
1) Arbitration in place of the Tenure Commission Hearings
2) Ask him to support Senate Bill 503
3) As him to support the words DUE PROCESS be included in any language that deals with teacher discipline or dismissal!
4) Ask him to VOTE AGAINST "Hard Caps" on insurance payments because it unfairly penalizes those with lower pay
State Senator Mike Kowall R-White Lake Twp
517-373-1758
SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
Tuesday, June 21, 2011
Please CALL or WRITE!!! Tenure Laws and Insurance HARD CAP!
TENURE BILLS
House Bills 4625 through 4628 (specifics are listed in the previous posting) were passed in the House in the last week and are now on the agenda of the Senate Education Committee which meets Wednesday, June 22nd.
Yesterday, the MEA Crisis Coordinator, a few local presidents, myself, and a MEA Uniserve director met with Senator Mike Kowall in Waterford. We spoke to him about the parts of the tenure bill that many members of our legislature are concerned with – the laws that require teachers to have a hearing before the Tenure Commission before they can be terminated. Legislators feel this process is too time consuming and very expensive, to the point of being prohibitive to terminating poor teachers. However, they have over reacted by creating language that makes it far too easy to wrongfully dismiss a teacher.
The MEA has taken a position that doing away with this portion of the tenure law would be tolerable IF IT IS REPLACED with language that requires such cases to go to arbitration. Sen. Kowall was very interested in this concept and is going to seek out the legislator from Saginaw who is expected to bring such a proposal to the Senate Caucus today.
I also spoke to Senator Kowall very specifically about Walled Lake’s evaluation system, for both tenured and non-tenured teachers. I explained the “Charlotte Danielson”-esk Framework for Effective teachers and how all teachers set goals for their year using this framework and instructional strategies of Marzano. He was very impressed to learn that our teachers, through PLC and Inquiry Projects, set goals, pick evaluation instruments and present their findings at the end of the year. I also explained the Guided Practice and Plan of Improvement which stipulate goal setting, regular meetings and observations by an administrator, mentoring and self evaluation for teachers whose practices need improvement.
He acknowledged that there were very fine districts out there, but not all were like Walled Lake. That’s when the MEA Crisis Coordinator pointed out that the legislature’s “one-size-fits –all” legislation was misguided and that such things should be left to individual district bargaining!
I also talked about the need for DUE PROCESS so that districts can not make ARBITRARY, CAPRICIOUS decisions regarding teacher employment. He seemed very supportive of this concept as well. In fact, MEA staff who have spoken to Governor Snyder in the last few days have reported that the Governor also supports the use of the words “due process”.
I hope we were able to make a difference in Senator Kowall’s viewpoints and that it might somehow make a difference in the outcome of the Tenure Bills in the State Senate.
PLEASE email or call Senator Kowall and emphasize your support for:
1) Arbitration in place of the Tenure Commission Hearings
2) Ask him to support local district bargaining which supports local decisions regarding evaluation, layoff and recall, and compensation
3) As him to support the words DUE PROCESS be included in any language that deals with teacher discipline or dismissal!
State Senator Mike Kowall R-White Lake Twp
517-373-1758 SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
IN THE HOUSE – THIS IS BADDDDDD NEWS!!!
House Bill 4572 calls for a hard cap on public employer contributions to health insurance.
A HARD CAP on insurance would mean that the State would pass a law that would CAP the amount of money a district could pay toward an employee’s health benefits. At this time, the caps set by this legislation are:
1) Single - $5000
2) 2 Person - $10,000
3) Family - $13,000
Anything above these caps would have to be paid by the EMPLOYEE. The bill allows these limits to be adjusted yearly by the State Treasurer based upon the Consumer Price Index. BUT HERE IS THE PROBLEM – Insurance costs have been increasing way beyond the Consumer Price Index for years now. This means that the employee would be caught paying ever increasing dollars!
Our insurance only increased by 7.3% this year, and we lowered that amount by switching to the Saver RX Rider. However, employees with other insurance companies experienced price increases of OVER 30%. This would leave the employee in an ever changing situation of diminishing returns, or seeking new insurance each year, or cutting their own benefits each year to make it more affordable.
In addition, HARD CAPS are more punitive to those with lower salaries! A HARD CAP does not adjust to a person’s salary as a percentage would. Everyone would have to pay everything over the cap whether they made $10,000 or $90,000.
PLEASE WRITE the REPRESENTATIVES BELOW AND URGE THEM to
1)VOTE “NO” on House Bill 4572.
2) Tell them that inordinately punishes those who earn less money.
3) Tell them that LOCAL BARGAINING can control costs better than a "one-size-fits-all" strategy by the STATE!
Representative Bill Rogers – R, BrightonPhone:
(517) 373-1784
BillRogers@house.mi.gov
Representative Paul Scott – R, Grand BlancPhone:
(517) 373-1780
PaulScott@house.mi.gov
Representative Hugh Crawford – R, Wixom
Phone: (517) 373-0827
HughCrawford@house.mi.gov
Representative Eileen Kowall – R, White Lake
Phone: (517) 373-2616
EileenKowall@house.mi.gov
House Bills 4625 through 4628 (specifics are listed in the previous posting) were passed in the House in the last week and are now on the agenda of the Senate Education Committee which meets Wednesday, June 22nd.
Yesterday, the MEA Crisis Coordinator, a few local presidents, myself, and a MEA Uniserve director met with Senator Mike Kowall in Waterford. We spoke to him about the parts of the tenure bill that many members of our legislature are concerned with – the laws that require teachers to have a hearing before the Tenure Commission before they can be terminated. Legislators feel this process is too time consuming and very expensive, to the point of being prohibitive to terminating poor teachers. However, they have over reacted by creating language that makes it far too easy to wrongfully dismiss a teacher.
The MEA has taken a position that doing away with this portion of the tenure law would be tolerable IF IT IS REPLACED with language that requires such cases to go to arbitration. Sen. Kowall was very interested in this concept and is going to seek out the legislator from Saginaw who is expected to bring such a proposal to the Senate Caucus today.
I also spoke to Senator Kowall very specifically about Walled Lake’s evaluation system, for both tenured and non-tenured teachers. I explained the “Charlotte Danielson”-esk Framework for Effective teachers and how all teachers set goals for their year using this framework and instructional strategies of Marzano. He was very impressed to learn that our teachers, through PLC and Inquiry Projects, set goals, pick evaluation instruments and present their findings at the end of the year. I also explained the Guided Practice and Plan of Improvement which stipulate goal setting, regular meetings and observations by an administrator, mentoring and self evaluation for teachers whose practices need improvement.
He acknowledged that there were very fine districts out there, but not all were like Walled Lake. That’s when the MEA Crisis Coordinator pointed out that the legislature’s “one-size-fits –all” legislation was misguided and that such things should be left to individual district bargaining!
I also talked about the need for DUE PROCESS so that districts can not make ARBITRARY, CAPRICIOUS decisions regarding teacher employment. He seemed very supportive of this concept as well. In fact, MEA staff who have spoken to Governor Snyder in the last few days have reported that the Governor also supports the use of the words “due process”.
I hope we were able to make a difference in Senator Kowall’s viewpoints and that it might somehow make a difference in the outcome of the Tenure Bills in the State Senate.
PLEASE email or call Senator Kowall and emphasize your support for:
1) Arbitration in place of the Tenure Commission Hearings
2) Ask him to support local district bargaining which supports local decisions regarding evaluation, layoff and recall, and compensation
3) As him to support the words DUE PROCESS be included in any language that deals with teacher discipline or dismissal!
State Senator Mike Kowall R-White Lake Twp
517-373-1758 SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
IN THE HOUSE – THIS IS BADDDDDD NEWS!!!
House Bill 4572 calls for a hard cap on public employer contributions to health insurance.
A HARD CAP on insurance would mean that the State would pass a law that would CAP the amount of money a district could pay toward an employee’s health benefits. At this time, the caps set by this legislation are:
1) Single - $5000
2) 2 Person - $10,000
3) Family - $13,000
Anything above these caps would have to be paid by the EMPLOYEE. The bill allows these limits to be adjusted yearly by the State Treasurer based upon the Consumer Price Index. BUT HERE IS THE PROBLEM – Insurance costs have been increasing way beyond the Consumer Price Index for years now. This means that the employee would be caught paying ever increasing dollars!
Our insurance only increased by 7.3% this year, and we lowered that amount by switching to the Saver RX Rider. However, employees with other insurance companies experienced price increases of OVER 30%. This would leave the employee in an ever changing situation of diminishing returns, or seeking new insurance each year, or cutting their own benefits each year to make it more affordable.
In addition, HARD CAPS are more punitive to those with lower salaries! A HARD CAP does not adjust to a person’s salary as a percentage would. Everyone would have to pay everything over the cap whether they made $10,000 or $90,000.
PLEASE WRITE the REPRESENTATIVES BELOW AND URGE THEM to
1)VOTE “NO” on House Bill 4572.
2) Tell them that inordinately punishes those who earn less money.
3) Tell them that LOCAL BARGAINING can control costs better than a "one-size-fits-all" strategy by the STATE!
Representative Bill Rogers – R, BrightonPhone:
(517) 373-1784
BillRogers@house.mi.gov
Representative Paul Scott – R, Grand BlancPhone:
(517) 373-1780
PaulScott@house.mi.gov
Representative Hugh Crawford – R, Wixom
Phone: (517) 373-0827
HughCrawford@house.mi.gov
Representative Eileen Kowall – R, White Lake
Phone: (517) 373-2616
EileenKowall@house.mi.gov
Monday, June 13, 2011
Tenure Bills NOW BEFORE THE SENATE!!!
These 4 tenure bills were passed by the House last week and are now before the Senate! While some of the ideas regarding the amendment of tenure are acceptable, House Bill 4628 MAJORLY GUTS our BARGAINING RIGHTS!
Please read through the legislation, and then TAKE ACTION!!! A letter and addresses are provided at the end of the posting!
HB 4625 (Rogers, R-66 Brighton) Amends the Tenure Act to do the following:
• Increases probationary period from 4 to 5 full years.
• Replaces 60 day notice with “end of school year “notice to a probationary teacher as to whether their work is satisfactory.
• Allows probationary teacher to be dismissed at any time.
• Requires probationary teacher to be dismissed if he/she has been rated ineffective on two performance evaluations within a school year.
• Gives School Board authority to determine format and number of classroom observations.
• Eliminates assumption of satisfactory performance if an evaluation is not conducted.
• Allows a tenured teacher to be returned to probationary status if he/she is not rated effective or better on the two most recent performance evaluations.
• Requires dismissal of a teacher who fails to have an effective rating on two consecutive performance evaluations.
• Establishes a limit of one probationary period.
• Mandates annual evaluation.
HB 4626 (Scott, R-51 Grand Blanc) Amends Tenure Act to do the following:
• Redefines demotion to mean a suspension without pay for 20 or more consecutive days or reduced compensation equivalent to 40 days.
• Replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge.
HB 4627 (O’Brien, R-61 Portage) Revises the School Code to do the following:
• Requires School Board policy to provide for the placement of teachers based on mutual consent of the teacher and principal.
• Ensures that a principal has the authority to select teachers who have demonstrated effectiveness and who have appropriate qualifications.
• Requires that a teacher be placed on unpaid leave if a mutually agreed assignment cannot be reached to within 30 days.
• Requires evaluation system to include ratings of Highly Effective, Effective, Minimally Effective and Ineffective.
• Prohibits the use of seniority in the reduction of staff unless all factors are equal than seniority will count as the tie-breaking factor.
• Requires that during a staff reduction a teacher’s effectiveness must be considered, which includes individual performance is a major factor, increased student achievement is a predominant factor, demonstrated pedagogical skills, significant contributions above the normal expectation, demonstrated record of exceptional performance and relevant special training other than professional development or continuing education.
HB4628 (Yonker, R-72 Caledonia) Amends PERA and adds the following prohibited subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for:
o the placement of teachers;
o personnel decisions of all employees;
o elimination of positions, recall, & hiring after a reduction;
o evaluation systems;
o discharge and discipline;
o number of observations or format of classroom observations;
o method of compensation and performance based compensation.
WRITE or CALL the Michigan Senators listed below. Give them this message:
(Please use home emails or cell phones)
Dear Senator,
While some aspects of the tenure law could use revision, the prohibitive subjects of bargaining proposed in the four tenure bills being considered are punitive and anti-worker. Local bargaining has been able to create very comprehensive and objective evaluation systems in our school district. Compensation, discharge, placement, and other personnel policies have been bargained in cooperation with our administration and if amendment is needed, it should be done with the local voices of educational professionals who have researched and trained to implement the "best practices" for an educational community.
Please consider legislation that will truly make our educational system better. Quit demonizing the individuals who care most for the education of children - the public school educators of Michigan!
State Senator Mike Kowall R-White Lake Twp
517-373-1758
SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
Please read through the legislation, and then TAKE ACTION!!! A letter and addresses are provided at the end of the posting!
HB 4625 (Rogers, R-66 Brighton) Amends the Tenure Act to do the following:
• Increases probationary period from 4 to 5 full years.
• Replaces 60 day notice with “end of school year “notice to a probationary teacher as to whether their work is satisfactory.
• Allows probationary teacher to be dismissed at any time.
• Requires probationary teacher to be dismissed if he/she has been rated ineffective on two performance evaluations within a school year.
• Gives School Board authority to determine format and number of classroom observations.
• Eliminates assumption of satisfactory performance if an evaluation is not conducted.
• Allows a tenured teacher to be returned to probationary status if he/she is not rated effective or better on the two most recent performance evaluations.
• Requires dismissal of a teacher who fails to have an effective rating on two consecutive performance evaluations.
• Establishes a limit of one probationary period.
• Mandates annual evaluation.
HB 4626 (Scott, R-51 Grand Blanc) Amends Tenure Act to do the following:
• Redefines demotion to mean a suspension without pay for 20 or more consecutive days or reduced compensation equivalent to 40 days.
• Replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge.
HB 4627 (O’Brien, R-61 Portage) Revises the School Code to do the following:
• Requires School Board policy to provide for the placement of teachers based on mutual consent of the teacher and principal.
• Ensures that a principal has the authority to select teachers who have demonstrated effectiveness and who have appropriate qualifications.
• Requires that a teacher be placed on unpaid leave if a mutually agreed assignment cannot be reached to within 30 days.
• Requires evaluation system to include ratings of Highly Effective, Effective, Minimally Effective and Ineffective.
• Prohibits the use of seniority in the reduction of staff unless all factors are equal than seniority will count as the tie-breaking factor.
• Requires that during a staff reduction a teacher’s effectiveness must be considered, which includes individual performance is a major factor, increased student achievement is a predominant factor, demonstrated pedagogical skills, significant contributions above the normal expectation, demonstrated record of exceptional performance and relevant special training other than professional development or continuing education.
HB4628 (Yonker, R-72 Caledonia) Amends PERA and adds the following prohibited subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for:
o the placement of teachers;
o personnel decisions of all employees;
o elimination of positions, recall, & hiring after a reduction;
o evaluation systems;
o discharge and discipline;
o number of observations or format of classroom observations;
o method of compensation and performance based compensation.
WRITE or CALL the Michigan Senators listed below. Give them this message:
(Please use home emails or cell phones)
Dear Senator,
While some aspects of the tenure law could use revision, the prohibitive subjects of bargaining proposed in the four tenure bills being considered are punitive and anti-worker. Local bargaining has been able to create very comprehensive and objective evaluation systems in our school district. Compensation, discharge, placement, and other personnel policies have been bargained in cooperation with our administration and if amendment is needed, it should be done with the local voices of educational professionals who have researched and trained to implement the "best practices" for an educational community.
Please consider legislation that will truly make our educational system better. Quit demonizing the individuals who care most for the education of children - the public school educators of Michigan!
State Senator Mike Kowall R-White Lake Twp
517-373-1758
SenMKowall@senate.michigan.gov
Sen. Joe Hune - R - Hamburg Township (Livingston County)
SenJHune@senate.michigan.gov
Thursday, June 9, 2011
House passes Tenure "Package"
Below is a release put out by an educational organization this afternoon after the House voted to approve the 4 tenure bills. The bill's new prohibitions regarding what can and can not be bargained are serious. While some people might argue that seniority is not the best way to deal with layoffs, it is going to look like a stellar way to do it if the legislature gets its way. If this passes through the next levels, evaluation procedures can't be bargained and decisions regarding layoffs can't be bargained. I can imagine that some districts will handle it well, but there are no guarantees. The report:
This afternoon the Republican controlled Michigan House, with the support of some Democrats, approved a four-bill package to dismantle teacher tenure and made a number of subjects prohibited from collective bargaining. The bills - House Bill 4625, 4626, 4627, and 4628 - will now go to the Senate for consideration.
The House made some modifications to the bills.
The bills increases the probationary period to five years, but added a provision that if a teacher received “effective” ratings it would be reduced to three years.
The legislation still says a teacher on probation can be dismissed at any time and that a school shall dismiss teachers rated "ineffective" two years in a row.
An amendment to the bill states that probationary teachers would be notified about whether their job performance was satisfactory 15-days before the end of the school year, it is currently 60 days; the original bills said “end of school year.”
There was an amendment adopted on the floor, which says that a school would require a second probationary period for a teacher on continuing tenure who is rated ineffective in two annual job evaluations. The legislation originally referred to only one job evaluation.
Another amendment was adopted changing the definition of demote to suspension without pay for 15 consecutive days (instead of 20) or 30 days (instead of 40) in a school year.
The bills replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge; eliminates the assumption of a satisfactory performance if an evaluation is not conducted; and prohibits the use of seniority in the reduction of staff.
It amends PERA to include the following PROHIBITED subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for: the placement of teachers; personnel decisions of all employees; elimination of positions, recall, & hiring after a reduction; evaluations systems; discharge and discipline; number of observations or format of classroom observations; and, method of compensation and performance based compensation.
The following Democrats voted with all the Republicans to pass HB4625 to amend the Tenure Act: Phil Cavanagh (Redford Twp), Shanelle Jackson (Detroit), Marilyn Lane (Fraser), Richard LeBlanc (Westland), Tim Melton (Pontiac), David Rutledge (Ypsilanti), Ray Schmidt (Grand Rapids), and Maureen Stapleton (Detroit).
On HB4626 all Republicans except Michael Callton (Nashville) and Tom Hooker (Byron Center) voted for the bill, all Democrats voted against.
On HB4627 to revise the school code on evaluation and seniority all the Republicans except Ed McBroom (Vulcan) voted for the bill, all the Democrats voted against.
On HB 4627 which increases the items we cannot bargain all the Republicans voted for the bill except Ken Goike (Ray Twp.), Tom Hooker (Byron Center), Ed McBroom (Vulcan) and Paul Muxlow (Brown City), and all the Democrats voted no.
Next Up … the elimination of retiree health care! (Bill Rogers again! Look out!)
This afternoon the Republican controlled Michigan House, with the support of some Democrats, approved a four-bill package to dismantle teacher tenure and made a number of subjects prohibited from collective bargaining. The bills - House Bill 4625, 4626, 4627, and 4628 - will now go to the Senate for consideration.
The House made some modifications to the bills.
The bills increases the probationary period to five years, but added a provision that if a teacher received “effective” ratings it would be reduced to three years.
The legislation still says a teacher on probation can be dismissed at any time and that a school shall dismiss teachers rated "ineffective" two years in a row.
An amendment to the bill states that probationary teachers would be notified about whether their job performance was satisfactory 15-days before the end of the school year, it is currently 60 days; the original bills said “end of school year.”
There was an amendment adopted on the floor, which says that a school would require a second probationary period for a teacher on continuing tenure who is rated ineffective in two annual job evaluations. The legislation originally referred to only one job evaluation.
Another amendment was adopted changing the definition of demote to suspension without pay for 15 consecutive days (instead of 20) or 30 days (instead of 40) in a school year.
The bills replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge; eliminates the assumption of a satisfactory performance if an evaluation is not conducted; and prohibits the use of seniority in the reduction of staff.
It amends PERA to include the following PROHIBITED subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for: the placement of teachers; personnel decisions of all employees; elimination of positions, recall, & hiring after a reduction; evaluations systems; discharge and discipline; number of observations or format of classroom observations; and, method of compensation and performance based compensation.
The following Democrats voted with all the Republicans to pass HB4625 to amend the Tenure Act: Phil Cavanagh (Redford Twp), Shanelle Jackson (Detroit), Marilyn Lane (Fraser), Richard LeBlanc (Westland), Tim Melton (Pontiac), David Rutledge (Ypsilanti), Ray Schmidt (Grand Rapids), and Maureen Stapleton (Detroit).
On HB4626 all Republicans except Michael Callton (Nashville) and Tom Hooker (Byron Center) voted for the bill, all Democrats voted against.
On HB4627 to revise the school code on evaluation and seniority all the Republicans except Ed McBroom (Vulcan) voted for the bill, all the Democrats voted against.
On HB 4627 which increases the items we cannot bargain all the Republicans voted for the bill except Ken Goike (Ray Twp.), Tom Hooker (Byron Center), Ed McBroom (Vulcan) and Paul Muxlow (Brown City), and all the Democrats voted no.
Next Up … the elimination of retiree health care! (Bill Rogers again! Look out!)
Wednesday, June 8, 2011
Wednesday Report from MIRS News Service RE: Tenure Bills in the House
Tenure Bills Readied For Passage
a) changes made to the bill are highlighted in red
b) a failed amendment made by our area House Representative, Lisa Brown, which is SUPPORTIVE of educators is in GREEN
The "arbitrary and capricious" standard for teacher tenure hearings would be reinstated and the LIFO (last in, first out) standard for teacher layoffs would end under changes made to teacher tenure reform legislation in the House today.
The legislation (HB 4625, HB 4626, HB 4627 and HB 4628) that moved up to Third Reading today allows a new teacher who receives a very high rating in three straight evaluations to "fast track" becoming tenured.
Rep. Bill ROGERS (R-Brighton), the sponsor of HB 4625, offered the substitute. This substitute was adopted on a quick gavel.
Two Democratic-sponsored amendments were gaveled on. One offered by Rep. David RUTLEDGE (D-Ypsilanti) would require school districts to inform teachers by at least 15 days prior to the end of a school year that they weren't going to be coming back the following year.
Rep. Tim MELTON (D-Auburn Hills) sponsored the other successful amendment. It would give teachers who receive an ineffective rating on an evaluation a second try before being placed on probationary status.
"I don't think anyone in this room wants to see incompetent teachers practicing, incompetent doctors or incompetent attorneys," said Rep. Steven LINDBERG (D-Marquette), arguing against the legislation. "But before we take someone's license to practice away, they should have due process."
"It is my opinion that the state's tenure law is not broken," Lindberg continued. "It would work if administrators took a role in evaluating our teachers."
Rep. Paul SCOTT (R-Grand Blanc), chair of the House Education Committee argued that the state's tenure law is indeed broken and needs fixing.
"Even when administrators do their job, the Tenure Commission can and does reverse them," Scott said. "As we saw in committee, with an example like the one in my district where a Swartz Creek teacher who had been clinically found psychologically unfit was sent back to the classroom" (See "Tenure Board Horror Story Shared To Panel," 4/26/11).
"A vote against this legislation is a vote to allow ineffective teachers to get tenure as a right," Scott concluded.
Committee testimony on the legislation included several "horror" stories where, if accurate, the state's current tenure law sticks school districts with "problem" teachers to the extent that issues such as academic performance have become virtually irrelevant (See "Tenure LIFO Bills Move," 5/18/11).
An amendment offered by House Minority Leader Kate SEGAL (D-Battle Creek) to break the tie bar between the bills was defeated on a 47-62 vote, with Rep. Ed McBROOM (R-Vulcan) voting with the 46 Democrats. Rep. Harold HAUGH (D-Roseville) is still out-of-action following back surgery.
Rep. Lisa BROWN (D-West Bloomfield) offered a substitute for HB 4625 that would basically gut the bill, with exception of the accelerated timetable for the tenure process.
This substitute fell on a 47-62 vote, with Rep. Phil POTVIN (R-Cadillac) voting along with the 46 Democrats.
a) changes made to the bill are highlighted in red
b) a failed amendment made by our area House Representative, Lisa Brown, which is SUPPORTIVE of educators is in GREEN
The "arbitrary and capricious" standard for teacher tenure hearings would be reinstated and the LIFO (last in, first out) standard for teacher layoffs would end under changes made to teacher tenure reform legislation in the House today.
The legislation (HB 4625, HB 4626, HB 4627 and HB 4628) that moved up to Third Reading today allows a new teacher who receives a very high rating in three straight evaluations to "fast track" becoming tenured.
Rep. Bill ROGERS (R-Brighton), the sponsor of HB 4625, offered the substitute. This substitute was adopted on a quick gavel.
Two Democratic-sponsored amendments were gaveled on. One offered by Rep. David RUTLEDGE (D-Ypsilanti) would require school districts to inform teachers by at least 15 days prior to the end of a school year that they weren't going to be coming back the following year.
Rep. Tim MELTON (D-Auburn Hills) sponsored the other successful amendment. It would give teachers who receive an ineffective rating on an evaluation a second try before being placed on probationary status.
"I don't think anyone in this room wants to see incompetent teachers practicing, incompetent doctors or incompetent attorneys," said Rep. Steven LINDBERG (D-Marquette), arguing against the legislation. "But before we take someone's license to practice away, they should have due process."
"It is my opinion that the state's tenure law is not broken," Lindberg continued. "It would work if administrators took a role in evaluating our teachers."
Rep. Paul SCOTT (R-Grand Blanc), chair of the House Education Committee argued that the state's tenure law is indeed broken and needs fixing.
"Even when administrators do their job, the Tenure Commission can and does reverse them," Scott said. "As we saw in committee, with an example like the one in my district where a Swartz Creek teacher who had been clinically found psychologically unfit was sent back to the classroom" (See "Tenure Board Horror Story Shared To Panel," 4/26/11).
"A vote against this legislation is a vote to allow ineffective teachers to get tenure as a right," Scott concluded.
Committee testimony on the legislation included several "horror" stories where, if accurate, the state's current tenure law sticks school districts with "problem" teachers to the extent that issues such as academic performance have become virtually irrelevant (See "Tenure LIFO Bills Move," 5/18/11).
An amendment offered by House Minority Leader Kate SEGAL (D-Battle Creek) to break the tie bar between the bills was defeated on a 47-62 vote, with Rep. Ed McBROOM (R-Vulcan) voting with the 46 Democrats. Rep. Harold HAUGH (D-Roseville) is still out-of-action following back surgery.
Rep. Lisa BROWN (D-West Bloomfield) offered a substitute for HB 4625 that would basically gut the bill, with exception of the accelerated timetable for the tenure process.
This substitute fell on a 47-62 vote, with Rep. Phil POTVIN (R-Cadillac) voting along with the 46 Democrats.
Please urge representatives to vote NO on these bills. The bills are tie-barred, meaning they will pass ALL or NONE of them. Proceed to Monday's posting below to get phone numbers and email addresses.
Monday, June 6, 2011
Four Tenure-busting and Anti-Bargaining Bills Expected to go to the Floor of the House on Tuesday
It is the "MEA Day of Action", but the House seems intent on proving that they are going to enact more anti-tenure and anti-bargaining legislature. While revising parts of the tenure law are supported by the MEA, some of these proposals are strictly directed at gutting the protections teachers need and deserve.
Please read the bills below - there are 4! They are expected to come to a vote on the floor of the House tomorrow.
HB 4625 (Rogers, R-66 Brighton) Amends the Tenure Act to do the following:
• Increases probationary period from 4 to 5 full years.
• Replaces 60 day notice with “end of school year “notice to a probationary teacher as to whether their work is satisfactory.
• Allows probationary teacher to be dismissed at any time.
• Requires probationary teacher to be dismissed if he/she has been rated ineffective on two performance evaluations within a school year.
• Gives School Board authority to determine format and number of classroom observations.
• Eliminates assumption of satisfactory performance if an evaluation is not conducted.
• Allows a tenured teacher to be returned to probationary status if he/she is not rated effective or better on the two most recent performance evaluations.
• Requires dismissal of a teacher who fails to have an effective rating on two consecutive performance evaluations.
• Establishes a limit of one probationary period.
• Mandates annual evaluation.
HB 4626 (Scott, R-51 Grand Blanc) Amends Tenure Act to do the following:
• Redefines demotion to mean a suspension without pay for 20 or more consecutive days or reduced compensation equivalent to 40 days.
• Replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge.
HB 4627 (O’Brien, R-61 Portage) Revises the School Code to do the following:
• Requires School Board policy to provide for the placement of teachers based on mutual consent of the teacher and principal.
• Ensures that a principal has the authority to select teachers who have demonstrated effectiveness and who have appropriate qualifications.
• Requires that a teacher be placed on unpaid leave if a mutually agreed assignment cannot be reached to within 30 days.
• Requires evaluation system to include ratings of Highly Effective, Effective, Minimally Effective and Ineffective.
• Prohibits the use of seniority in the reduction of staff unless all factors are equal than seniority will count as the tie-breaking factor.
• Requires that during a staff reduction a teacher’s effectiveness must be considered, which includes individual performance is a major factor, increased student achievement is a predominant factor, demonstrated pedagogical skills, significant contributions above the normal expectation, demonstrated record of exceptional performance and relevant special training other than professional development or continuing education.
HB4628 (Yonker, R-72 Caledonia) Amends PERA and adds the following prohibited subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for:
o the placement of teachers;
o personnel decisions of all employees;
o elimination of positions, recall, & hiring after a reduction;
o evaluation systems;
o discharge and discipline;
o number of observations or format of classroom observations;
o method of compensation and performance based compensation.
WRITE or CALL the House Representatives listed below. Give them this message:
While some aspects of the tenure law could use revision, the prohibitive subjects of bargaining proposed in the four House bills being considered today are punitive and anti-worker. Local bargaining has been able to create very comprehensive and objective evaluation systems in our school district. Compensation, discharge, placement, and other personnel policies have been bargained in cooperation with our administration and if amendment is needed, it should be done with the local voices of educational professionals who have researched and trained to implement the "best practices" for an educational community.
Please consider legislation that will truly make our educational system better. For instance, smaller class size. With smaller class sizes we could spend more individual time with each student. Individualized instruction designed for a student's specific needs would be a reality. Make rules that will truly improve education. Quit demonizing the individuals who care most for the education of children - the public school educators of Michigan!
Representative Bill Rogers – R, Brighton
Phone: (517) 373-1784
BillRogers@house.mi.gov
Representative Paul Scott – R, Grand Blanc
Phone: (517) 373-1780
PaulScott@house.mi.gov
Representative Hugh Crawford – R, Wixom
Phone: (517) 373-0827
HughCrawford@house.mi.gov
Representative Eileen Kowall – R, White Lake
Phone: (517) 373-2616
EileenKowall@house.mi.gov
Representative Cathy Denby – R, Handy Township
Phone: (517) 373-8835
CindyDenby@house.mi.gov
Please read the bills below - there are 4! They are expected to come to a vote on the floor of the House tomorrow.
HB 4625 (Rogers, R-66 Brighton) Amends the Tenure Act to do the following:
• Increases probationary period from 4 to 5 full years.
• Replaces 60 day notice with “end of school year “notice to a probationary teacher as to whether their work is satisfactory.
• Allows probationary teacher to be dismissed at any time.
• Requires probationary teacher to be dismissed if he/she has been rated ineffective on two performance evaluations within a school year.
• Gives School Board authority to determine format and number of classroom observations.
• Eliminates assumption of satisfactory performance if an evaluation is not conducted.
• Allows a tenured teacher to be returned to probationary status if he/she is not rated effective or better on the two most recent performance evaluations.
• Requires dismissal of a teacher who fails to have an effective rating on two consecutive performance evaluations.
• Establishes a limit of one probationary period.
• Mandates annual evaluation.
HB 4626 (Scott, R-51 Grand Blanc) Amends Tenure Act to do the following:
• Redefines demotion to mean a suspension without pay for 20 or more consecutive days or reduced compensation equivalent to 40 days.
• Replaces “reasonable and just cause” with “not arbitrary and capricious” for teacher tenure discharge.
HB 4627 (O’Brien, R-61 Portage) Revises the School Code to do the following:
• Requires School Board policy to provide for the placement of teachers based on mutual consent of the teacher and principal.
• Ensures that a principal has the authority to select teachers who have demonstrated effectiveness and who have appropriate qualifications.
• Requires that a teacher be placed on unpaid leave if a mutually agreed assignment cannot be reached to within 30 days.
• Requires evaluation system to include ratings of Highly Effective, Effective, Minimally Effective and Ineffective.
• Prohibits the use of seniority in the reduction of staff unless all factors are equal than seniority will count as the tie-breaking factor.
• Requires that during a staff reduction a teacher’s effectiveness must be considered, which includes individual performance is a major factor, increased student achievement is a predominant factor, demonstrated pedagogical skills, significant contributions above the normal expectation, demonstrated record of exceptional performance and relevant special training other than professional development or continuing education.
HB4628 (Yonker, R-72 Caledonia) Amends PERA and adds the following prohibited subjects of bargaining:
Decisions about the development, content, standards, procedures, adoption and implementation of personnel policies and decisions for:
o the placement of teachers;
o personnel decisions of all employees;
o elimination of positions, recall, & hiring after a reduction;
o evaluation systems;
o discharge and discipline;
o number of observations or format of classroom observations;
o method of compensation and performance based compensation.
WRITE or CALL the House Representatives listed below. Give them this message:
While some aspects of the tenure law could use revision, the prohibitive subjects of bargaining proposed in the four House bills being considered today are punitive and anti-worker. Local bargaining has been able to create very comprehensive and objective evaluation systems in our school district. Compensation, discharge, placement, and other personnel policies have been bargained in cooperation with our administration and if amendment is needed, it should be done with the local voices of educational professionals who have researched and trained to implement the "best practices" for an educational community.
Please consider legislation that will truly make our educational system better. For instance, smaller class size. With smaller class sizes we could spend more individual time with each student. Individualized instruction designed for a student's specific needs would be a reality. Make rules that will truly improve education. Quit demonizing the individuals who care most for the education of children - the public school educators of Michigan!
Representative Bill Rogers – R, Brighton
Phone: (517) 373-1784
BillRogers@house.mi.gov
Representative Paul Scott – R, Grand Blanc
Phone: (517) 373-1780
PaulScott@house.mi.gov
Representative Hugh Crawford – R, Wixom
Phone: (517) 373-0827
HughCrawford@house.mi.gov
Representative Eileen Kowall – R, White Lake
Phone: (517) 373-2616
EileenKowall@house.mi.gov
Representative Cathy Denby – R, Handy Township
Phone: (517) 373-8835
CindyDenby@house.mi.gov
Sunday, June 5, 2011
Facebook Status Message for Tuesday's "Collective Day of Action"
In contemplating how the Walled Lake Education Association could most effectively participate in Tuesday, June 7th's "MEA Day of Action, I have read that much credit is being given to “online social networking” as a force in the last election.
I would like to harness a bit of that “force” for ourselves on June 7th. As an example, some of you know I have posted many pictures and event announcements on the WLEA Facebook site, which then shows on my Facebook Wall. My former high school buddies from California and Georgia (they moved…not me) wanted to know all about what was going on! My sister in Wisconsin began following the events in Madison because of what she saw on my wall.
I have contacted the MEA who has given me a message that I will ask everyone to post to their FACEBOOK status bars. I have also received from them a ½ page message that can be distributed to friends and family. I will distribute that to you as well, asking you to pick 5 friends or family to contact with that message.
Considering people’s busy lives, a status update and an email to 5 family and friends can be quick and easy…..and done at midnight, if need be! If you begin to do the multiplication:
· If 500 members with the same status with 100 friends each, means that 50,000 will see the same message!
· If 500 members email 5 friends or family with the ½ page flyer, means that 2500 non public employees will hear the message regarding state finances from Walled Lake alone!
Please COPY and PASTE the message below to your Facebook Status on Tuesday!!!
Gov. Snyder and Republican lawmakers say education and the middle class are important to Michigan’s “reinvention.” If that’s the case, why did they vote to slash education funding, tax senior citizens and make it more difficult for hard-working families to survive?
This isn’t about shared sacrifice. This is about destroying the middle class—the very people who helped build Michigan. Contact Governor Snyder and your legislator. Tell them you will remember what they did when it comes time to vote.
Rick.Snyder@michigan.gov
I would like to harness a bit of that “force” for ourselves on June 7th. As an example, some of you know I have posted many pictures and event announcements on the WLEA Facebook site, which then shows on my Facebook Wall. My former high school buddies from California and Georgia (they moved…not me) wanted to know all about what was going on! My sister in Wisconsin began following the events in Madison because of what she saw on my wall.
I have contacted the MEA who has given me a message that I will ask everyone to post to their FACEBOOK status bars. I have also received from them a ½ page message that can be distributed to friends and family. I will distribute that to you as well, asking you to pick 5 friends or family to contact with that message.
Considering people’s busy lives, a status update and an email to 5 family and friends can be quick and easy…..and done at midnight, if need be! If you begin to do the multiplication:
· If 500 members with the same status with 100 friends each, means that 50,000 will see the same message!
· If 500 members email 5 friends or family with the ½ page flyer, means that 2500 non public employees will hear the message regarding state finances from Walled Lake alone!
Please COPY and PASTE the message below to your Facebook Status on Tuesday!!!
Gov. Snyder and Republican lawmakers say education and the middle class are important to Michigan’s “reinvention.” If that’s the case, why did they vote to slash education funding, tax senior citizens and make it more difficult for hard-working families to survive?
This isn’t about shared sacrifice. This is about destroying the middle class—the very people who helped build Michigan. Contact Governor Snyder and your legislator. Tell them you will remember what they did when it comes time to vote.
Rick.Snyder@michigan.gov
Subscribe to:
Posts (Atom)
