Volume 36, No. 4
February 5, 2010
Criminal Pay Loophole Bill Approved;
Targets Tip of an Iceberg
It’s a start. Thursday, the House approved H.37 by a 101-0 vote to ensure teachers convicted of specific offenses lose their state certification and end their teaching contract with the school system. The immediate contract cancellation translates to stopping payroll and benefits by the school board. The bill addresses the inane case of a Washington County teacher who was paid for more than a year as she served her sentence in prison. S.316, an identical bill sponsored by Sen. Mark Keahy, was approved by the Energy and Natural Resources committee.
AASB worked with all parties to ensure that the employee would lose the right to stay on the payroll during appeal. The real problem is that the current process under tenure encourages terminated teachers and education employees to appeal to extend their time on payroll with benefits. It’s a ludicrous proposition that applies not only to those who commit crimes but to ANY education employee who is terminated for cause.
Rep. Gerald Allen asked on the House floor if this bill would stop pay for someone who simply doesn’t show up to work? “No,” responded the bill sponsor who recognized the bill is limited in scope to the rare criminal conviction cases.
Would this bill help a school board stop paying an employee terminated for any cause other than being convicted of a crime? No. Rep. Jack Williams agreed that this is a rifle approach and would not apply broadly to the payroll loophole.
Every piece of legislation reported by committee contains a fiscal note drafted by the Legislative Fiscal Office. For this bill, the unbelievable truth of what is happening for all school boards is explained: “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.”
For the rare cases in which criminal convictions accompany a termination, the fiscal office outlines that this bill may result in a cost savings to local boards of education that otherwise would have been required to pay salary and benefits costs during employment-related appeals processes.
What really needs to be fixed is the nonsensical flaw in the process: the financial incentive to appeal every termination that guarantees staying on the payroll with benefits for months, even years, as the appeals process slowly resolves. A simple fix can address the payroll loophole and immediately cancel the employee contract after a due process hearing. As the current bill provides, if a conviction is overturned; or a termination reversed, the employee would be entitled to recapture pay and benefits plus interest.
Rep. Butch Taylor commended the bill, yet lamented that it would not help his school board’s situation and the much larger problems in the tenure law’s arbitration process.
For the rest of the state’s school boards, precious education dollars continue to flow to terminated employees until a payroll loophole is addressed for each school system. Kudos to Rep. Chad Fincher and Sen. Mark Keahy for chipping away at the criminal convictions issue, which is just the tip of the iceberg.
Charter School Debate Remains Distraction
A joint committee hearing was held on the Governor’s charter school proposal Wednesday. Few lawmakers have expressed wholesale support or the inclination to school boards to move the charter school bill proposal. The bills could be considered in the House or Senate committee at any time, however there is little to no momentum for passage. Meanwhile, press accounts indicate a parade of national VIPs - including the U.S. Secretary of Education Arne Duncan - may be planned for Alabama on the charter issue.
AASB helped headline opposition to the charter proposals Wednesday. AASB Executive Director Sally Howell got applause pointing out 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.
Brett Whitehead, board president of Tuscaloosa County, drew a rousing response as he testified that it was a case of reaching for a quick dollar at the expense of diverting from a strong, long-term education agenda that is working for Alabama. Dr. Dwight Hester, Alabama Risk Management for Schools (ARMS) consultant, shared his experience with handling more than 7,000 claims across several states that do have charter schools. He predicted that, like those states, costly litigation would result including class actions and individual cases seeking local revenue from local school boards. “As a practical matter, we can’t afford it.” Hester said.
Testimony clearly showed the financial shortfalls, practical implementation problems and short-sightedness of the legislation. Mobile Superintendent Dr. Roy Nichols gave strong testimony and pointed out numerous innovations and improvements Mobile has experienced without charter legislation. Opponents also included school superintendents (SSA), school administrators (CLAS) and teachers (AEA).
Speaking in favor of the bill were the governor’s staff, the Business Council and Chambers of Commerce and Dr. Joe Morton, state superintendent.
By the end of the public hearing, lawmakers further recognized the weaknesses of the charter proposal.
State Board Attempt to Codify Educator Ethics
Stopped by Veto Override
A 53-25 vote in the House joined the 22-10 Senate vote to override the governor’s veto. The state Board of Education’s attempt to codify the Teacher Code of Ethics in the Alabama Administrative Code failed this week with the veto override. The state Board of Education began its quest last May. The Legislative Council objected and returned an amended version of the Teacher Code of Ethics, however the state board did not accept the amendments. The override of Riley’s veto means neither version of the code of ethics will be placed in the administrative code.
Federal Insights Worrisome for Budget
AASB’s executive officers returned from Washington, D.C., this week after visiting Alabama’s Congressional Delegation. Their visit targeted what congressional action could help alleviate the state’s financial dilemma and outlined federal initiatives of importance to Alabama.
The federal mood about the Jobs to Main Street effort is alarming. Because Gov. Riley has used the federal dollars to prop up his 2011 budget, the outcome directly affects the state budget. The U.S. Senate version has some five billion fewer dollars proposed than the original U.S. House proposal. The timeline is sluggish and unclear at best, which does not bode well for having the state budget process move forward.
State Action Unusually Slow
Unlike previous legislative sessions with much activity and fast-paced bills, the 2010 legislative session appears to be moving in slow motion. The Senate had been stalled in a filibuster on a road and bridge proposal, but broke open this week to pass legislation on no-bid contracts. Meanwhile, the House has steadily plodded through various legislative proposals.
Editor’s Note: Last week’s edition incorrectly identified Madison County among school systems that had borrowed money in the current fiscal year.
Next Week’s Outlook:
PACT Solvency to be Addressed
The PACT program legislation is scheduled to be considered by House Education Appropriations Committee Wednesday.
Proposed solutions involve a commitment of future ETF dollars and tuition cost control, as well as, minimum investment earnings to fully fund the program. The proposed solution would require a collaborative effort between K-12, higher education, and the PACT board to ensure its success. AASB continues to monitor the legislation to ensure the PACT solution is not borne solely out of the already beleaguered ETF.
BINGO on Agenda
The headlines about BINGO and gaming also impact legislative agendas. The House and Senate Tourism Committees will hold public hearings Tuesday regarding constitutional amendments to allow voters to decide whether to authorize federally recognized bingo.
******************************************
Local school boards work with legislative leaders to accomplish the public’s highest priority -- educating our children.
*****************************************
22 Days remain in the
Regular Legislative Session. |
