Indiana Professional Educators

IPE's "Viewpoint" Member Newsletter                                                                 February 2005

Legislative Report

A New Train Thunders In To The Statehouse

Governor Daniels Launches Sweeping Changes

Special Report

Discrimination on School Committees

Bill would protect independent teachers

Legislation

Review of Significant Education Legislation

Special Insert

Guide to Communicating With State Legislators

Visit IPE's on-line guide

A New Train Thunders In To The Statehouse

Governor Daniels Launches Sweeping Changes

With all the subtlety of a locomotive without brakes, Governor Mitch Daniels and his team arrived at the Statehouse and turned upside-down the status quo in state government and K-12 education.

Daniels promised sweeping change and within days of taking office major restructuring of state agencies was underway, collective bargaining and forced dues for state employees was ended, and a dramatic set of policy changes were proposed.

Besides the Daniels juggernaut of change, Republicans now control both houses of the state legislature and new Senate Finance leadership is in place.

The size of the state’s budget shortfall is debatable, but it is generally estimated to be at least $600 million per year. On top of that are hundreds of millions of dollars in delayed payments to school corporations and local governments.

Buoyed by their new majority status in the General Assembly, Republican leaders were excited and somewhat stunned by Governor Daniels’ immediate action and boldness. However, initial excitement cooled quickly with the Governor’s State of the State speech and his call for a new one-year, one percent surtax on Hoosiers with 2005 incomes of $100,000 or more.

Legislative leaders of both parties have opposed a tax increase or, at the most generous, argued it would be a "last resort" to rescue state finances.

Ironically, the most immediate and forceful opposition to the Governor’s tax increase came from former House Speaker B. Patrick Bauer (D-South Bend) who immediately pronounced it "unnecessary."

Within days, the Governor’s new Budget Director Chuck Schalliol admitted to reporters that receipts from the tax increase would not be used for deficit reduction, but to build up the state’s Rainy Day Fund cash reserves. This news was not well received by many lawmakers.

By the end of January, the Governor’s order to withhold $52 million in funds anticipated by schools angered legislative leaders who felt the Governor was short-changing schools and exceeding his authority. "Much like the tax increase plan, the Governor states his preference," explained Speaker of the House Brian Bosma in uncharacteristically terse terms. "That preference won’t be acted upon by the General Assembly until the budget is complete. This will be decided by the budget, and not the budget director."

Predictably, school officials were frustrated by the loss of $52 million in funding, which includes some current budget-year dollars. A complex accounting and budgeting mess, essentially school corporations have for many years received funding on an ADM basis at a level above what was actually appropriated by the General Assembly.

In years past, the General Assembly made an additional appropriation at the beginning of the fiscal year to make up the difference. The Governor’s order essentially stops the distribution of these non-appropriated funds. State legislators and the Governor are expected to not only revisit this issue, but take a serious look at restructuring the state’s entire school funding formula.

While the threat of state funding being flat-lined or even real cuts being enacted has been suggested for several years now, the 2005-06 biennial budget is so tight that many observers consider it a very real possibility.

The April revenue forecast will be a critical deciding factor – will the state have more tax revenue than is currently anticipated? Even if it does, will K-12 schools have to tighten their belts in order for the state budget to float?

Whatever the final figures on school funding, the methods employed in determining funding levels for schools are likely to see major changes in 2005. Significant changes in the states’ school funding formula are in the works.

Discrimination on School Committees

Bill would protect independent teachers

As independent teachers in many districts have been rudely informed, their best of intentions to get involved as a volunteer on school committees (i.e. curriculum, textbooks, PL 221, etc.) often come crashing into a wall erected by ISTA union officials. "Union Members Only" is the discriminatory message thrown back at many.

Teacher union officials in a number of districts are exercising their monopoly powers to bully school corporations to include committee membership controls in contracts and/or to allow them to exclude non-members as a course of business. This grossly discriminatory practice flies in the face of Indiana’s legal protections of public school teachers from forced unionism.

It isn’t even that schools are overflowing with teachers able and willing to volunteer for committees. We’ve been told of several districts where there aren’t enough union members volunteering to fill them and/or get the work done, but independent teachers are told "no." This is about control and power by local ISTA officials, no matter how petty and ridiculous it might be.

Senate Bill 194, sponsored by Sen. Luke Kenley (R-Noblesville), would address this problem by requiring representation on school committees between union and independent teachers at a level equivalent to the percentages of union and independent teachers.

On Jan. 26th, the Senate Education & Career Development Committee held a hearing on the bill and passed it on a party-line vote over the strenuous objections of ISTA and IFT union lobbyists. As this newsletter goes to press, the bill awaits action on the Senate floor.

IPE recommends and requests that members take a few minutes to do two things on SB 194:

1. Contact your state senator and share your opinion on "union only" school committee membership con- trols and the bill to end it. Contact information for your senator is included in this newsletter.

2. If you or another independent teacher in your school has been excluded from a committee, please notify the IPE office at (800) 673-4734 or ipe@indy.net to help us track this problem.

Review of Significant Education Legislation

SB 194, sponsored by Sen. Luke Kenley (R-Noblesville), would ensure the rights of independent teachers to serve on school committees. See the feature story on page 2 of this newsletter.

For the second year, the Indiana Dept. of Education has made passing an anti-bullying bill a major focus. SB 285, sponsored by Senate Education Chair Teresa Lubbers (R-Indpls.), would require schools to adopt rules to prohibit bullying and allow the use of grants from safe schools funds to provide education and training to school personnel.

A top-priority of the Governor and GOP legislative leaders, several bills in the House and Senate would move the administration of the ISTEP+ from the fall to the spring. HB 1134, authored by Rep. Steve Heim (R-Culver), is the first to receive a hearing. SB 256, sponsored by Sen. Teresa Lubbers (R-Indpls.), has also been introduced in the Senate.

SB 577, authored by Sen. John Waterman (R-Shelburn), would remove the requirement that a student pass the 10th grade Graduation Qualifying Exam to graduate from high school.

SB 199, sponsored by Sen. Teresa Lubbers (R-Indpls.), would change the state Supt. Of Public Instruction from an elected office to a position appointed by the Governor.

SB 598, authored by Sen. Teresa Lubbers (R-Indpls.), would give charter schools more flexibility, access to more funding, provide for on-line programs, and promote the creation of new schools. HB 1484, authored by Rep. Bob Behning (R-Indpls), would require school corporations to transfer a portion of capital funds to a charter school if a student transferred from a school not meeting AYP (and if the charter school did meet AYP).

HB 1485, sponsored by Rep. Bob Behning (R-Indpls.), and a companion bill SB 200 in the Senate provide that a student is required to complete the Core 40 curriculum in order to graduate from high school, unless certain exceptions are met.

SB 371, authored by Sen. Luke Kenley (R-Noblesville), would transfer authority over teacher training, licensing and professional development from the Professional Standards Board to a new division in the Indiana Dept. of Education. The PSB would become an advisory board only.

SB 231, authored by Sen. Teresa Lubbers (R-Indpls.), would provide that a child must be at least five years of age to enroll in a school corporation on Aug. 1 of the 2006-07 school year and Sept. 1 of the 2007-08 school year (current law provides that a child must be at least five years old on July 1).

HB 1430, authored by Rep. P. Eric Turner (R-Gas City), would establish a school choice scholarship program for students whose household incomes do not exceed 250% of the applicable income to participate in the national school lunch program.

HB 1483, authored by House Education Committee Chair Bob Behning (R-Indpls.), would allow inter-district transfers for students who are enrolled in a public school that does not meet adequate yearly progress for two consecutive years. Sen. Luke Kenley (R-Noblesville) has filed similar legislation in the Senate, but which includes greater restrictions.

HB 1235, authored by Rep. Larry Buell (R-Indpls.), would increase the exempt amount (the annual amount a retired teacher who has not attained Social Security retirement age may earn in a covered position before the retirement benefit stops and the teacher must again contribute to the retirement fund) from $25,000 to $45,000.

SB 423, authored by Sen. J. Murray Clark (R-Indpls.), provides for the forfeiture of all or part of public employee and teacher retirement benefits for an employee’s misconduct.

HB 1533, authored by Rep. Jerry Torr (R-Carmel), would remove the requirements for school corporations to bargain with the exclusive representative on a number of items, including teaching methods, textbooks, and hours of employment. It would also remove the automatic inclusion of bargainable items included in the 1972-73 collective bargaining agreements.

Several bills designed to expand teacher union bargaining powers have been introduced, but are not expected to receive committee hearings this year.

Rep. Jerry Torr (R-Carmel) introduced HB 1050 to prohibit forced union membership or fees for all Indiana workers. However, the bill was assigned to the Rules Committee by the Speaker, a move typically designed to prevent a bill from moving forward.

While the issue of full-day kindergarten was very hot in last year’s legislative session and both candidates for Governor supported the program, prospects for passage of related bills are not considered likely at all.

HB 1530, authored by Rep. Luke Messer (R-Shelbyville), would raise the age of mandatory school attendance from 16 to 18 years of age. This bill has passed committee and is awaiting action on the House floor.

HB 1166, sponsored by Rep. David Orentlicher (D-Indpls.), would prohibit the use of corporal punishment for public school students, but allows for the use of "reasonable and necessary force" in certain circumstances.

HB 1450, authored by Rep. Cleo Duncan (R-Greensburg), would require school corporations and the Dept. of Education to create and maintain a database of teachers who resign to avoid termination for child molesting.

SB 332, authored by Sen. Mike Young (R-Indpls.), would require a U.S. flag to be displayed in classrooms. Requires schools to provide a daily opportunity for students to voluntarily recite the Pledge of Allegiance, with an exemption for objecting parents. Requires a school to establish a daily moment of silence in each classroom.

Guide to Communicating with State Legislators

Educators make a difference at the Statehouse

Teachers and Legislative Action   You can make the difference Not many people ever contact their legislators, even though what happens at the Statehouse can have a major impact on their lives and our state’s future. Often teachers believe legislators are too busy or not interested in reading their constituent mail or answering phone calls. Many people also think that legislators don’t care what they think or question whether they can persuade a lawmaker on an important issue. These views couldn’t be further from the truth. In most cases, legislators want to hear from constituents, value their opinions much more than professional lobbyists, and rely heavily on advice from concerned and involved citizens. By getting involved in communicating with state lawmakers, individuals and groups of concerned teachers can have real clout at the Statehouse.   Contacting State Legislators   Tips and Suggestions on corresponding with our Indiana Legislators     List of State Legislators Which state legislators serve on the key committees impacting education and teacher rights?   Who Represents Your Area? Enter your address and find out which state and federal legislators represent you - and how to contact them.   Roster of Key Committees Which state legislators serve on the key committees impacting education and teacher rights? Links   Indiana General Assembly Look up the latest information on bills, committee schedules, legislators, live audio feed from the floor, and much more.   Indiana Department of Education Visit the Department's comprehensive website.

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