Volume 36, No. 5
February 12, 2010
Charter School Bill “Mercy Killing”
By House Committee
One week after vigorous testimony against charter schools by the education family, the House Education Finance Appropriations Committee voted to indefinitely postpone H.189 by a 13-2 vote. Voting in favor of the bill were bill sponsors Rep. Mary Sue McClurkin and Rep. Mac Gipson. Several amendments were ready, but before they were considered, Rep. John Rogers urged a vote to give the bill a “mercy killing.”
AASB applauds committee members for recognizing that the proposal had unworkable flaws. Rep. Robert Bentley was prepared to amend the bill to make it a pilot program with only 10 charters, half of which would be technical schools. Other potential amendments shown to AASB included specifying a principal be named and subjecting charter schools to proration. A third amendment purporting to address local board liability completely missed the problem and demonstrated a fundamental misunderstanding of the issue. The committee did not consider any of the amendments.
The charter school debate will continue in the Senate Wednesday when the Senate Finance and Taxation Education Committee considers S.202, the Senate version. Local school board members continue to urge lawmakers to vote NO to S.202. The charter school issue has been a no-go effort and distracts attention from the real issues in public education, including crafting a realistic education budget.
AASB maintains that the same state rules and regulations charter schools seek exemption from need to be lifted for ALL public schools to spur innovation and progress. In the future, any charter school effort must be carefully crafted to ensure it works with current Alabama law and truly provides a tool for local school systems to offer opportunities for all students. S.202/H.189 are fraught with financial shortfalls, implementation problems, liability issues and false assumptions. Compounding the problem was confusion about Race to the Top (RTTT), a competitive federal grant program between states. The public hearing made clear that any federal dollars potentially received would not be targeted to charter schools or the public education shortfall.
K-8 P.E. Bill Takes Step Backward
Committee Strips ROTC/Band Exceptions
The Senate Health committee Wednesday stripped the House-approved language from H.105 and puts the education community at odds once again with the bill. In its original state, the bill mandates every student in K-8 take 30 minutes of P.E. daily, without substitution. The House had improved the bill by allowing students who participate in band and Jr. ROTC to be exempted. Rep. Ken Guin, House sponsor, explained that testimony for the exemptions had been compelling, so he accepted the amendment. Nevertheless, the Senate committee stripped the language.
Kudos to Sen. Tom Butler and Sen. Wendell Mitchell for speaking in support of school board flexibility. Sen. Butler explained the negative impact the bill would have by removing innovative and important options supported by local school systems. Sen. Larry Dixon also favored the exemption language and did add an exception for magnet schools for dance. School systems must recognize limitations of the bill in this form. Only courses within the physical education curriculum would be allowable.
Local school boards believe the state Board of education should determine curriculum and not the Legislature. If this legislation is approved, it must have the exemption language as added in the House. H.105 may be considered by the full Senate as soon as next week.
Please contact your local senator and urge a NO vote to H.105. At a minimum, urge your senator to restore the exemptions for band and Jr. ROTC. Lawmakers have returned to their districts for the long weekend so there is an opportunity to contact them at home. Otherwise, you can reach their Senate offices when they return next Tuesday by calling 334/462-7800.
Senate Ends Criminal Pay:
Time to Close Payroll Loophole for All
Thursday, the Senate approved S.316 by a 34-0 vote to ensure the state could revoke certification and end contracts for teachers convicted of specified crimes. Isn’t it amazing that legislation was needed for such a common sense action? Unfortunately, the legislation only addresses the ridiculous tip of the iceberg of convicted criminals. AASB worked hard to ensure that the bill would cut off the employees right to appeal their loss of certification as well as their loss of contract upon conviction.
What local schools need is to restore the immediate contract cancellation to stop payroll and benefits for any terminated employee. The real problem remains that the current process provides a financial incentive to any employee who is terminated to appeal simply to continue pay and benefits during a drawn out appeals process. It makes no sense that school boards are paying terminated employees full salary and benefits. Adding insult to injury, terminated folks are paid when jobs are scarce and students are doing without.
Once again, the Fiscal Note that explains financial impact from Legislative Fiscal Office outlines the current loophole in the tenure law: “Under current law, provisions of the Teacher Tenure Act, the Teacher Accountability Act, and the Fair Dismissal Act require a local board of education to continue paying the salary and benefits of a terminated employee until all appeals processes have been exhausted.” Obviously, the fiscal note explains that a cost-savings will be recognized for school boards, but only for those cases where the terminated employee is actually a convicted criminal!
AASB urges lawmakers to consider a simple fix so that all school boards are free from the payroll loophole, a significant flaw in the tenure process. Look for legislation to immediately cancel the employee contract after a due process hearing. If a termination is reversed, the employee would recapture pay and benefits plus interest.
School boards are required to pay terminated employees until the payroll loophole is ended for all terminated employees, not just those who are convicted. Thanks go to Rep. Chad Fincher and Sen. Mark Keahy for beginning the effort to fix the flaw with the payroll loophole.
Please ensure each lawmaker is aware of the school dollars your school system is paying to terminated employees instead of investing in its students. Local school boards urge lawmakers to voice their support for a complete fix to the flaw to close the tenure payroll loophole. Look for legislation to come soon!
House to Consider PACT Options
The House Education Appropriations Committee Wednesday approved three bills targeting the PACT programs. The bills would ensure that current PACT contracts are honored and would end the PACT program. It will take some $236 million to accomplish that goal. The bills, sponsored by Rep. Craig Ford and Rep. Greg Wren, drew many PACT participants in support in support of finding a solution. Universities are still unhappy about a provision that would prohibit tuition increases over 2.5 percent unless the PACT program investment realized a gain of 5 percent in a given year. The bills move to the full House.
BINGO to Slow Senate Agenda
Next week, the Senate is expected to consider BINGO legislation which will slow down movement of bills considerably. The Legislature has not yet met for a three-day work week, but may do so next week.
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Local school boards work with legislative leaders to accomplish the public’s highest priority -- educating our children.
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20 Days remain in the
Regular Legislative Session.
Next week is a potential 3-day work week.
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