The week ahead will be most challenging. Both the VRS legislation and the teacher contract bills will be considered in committee.
If you haven’t sent the email letters on both the contract and pension issues, they are now up on our website please do so ASAP. You will see them in the top right portion if the web page at www.veanea.org. We’ll do an email letter on the contract issue to the Senate in the near future.
Our challenge is anticipating how Senate Bill 438 (Obenshain) will be altered in light of the problems encountered by this Governor’s initiative on the House side (see Thursday’s posting).
SB 438 will be taken up by the Public Education Subcommittee of the Senate Education and Health Committee one half hour after adjournment of the Senate on Monday afternoon.
We need calls and emails to members of this subcommittee urging them to vote against SB 438.
The subcommittee members are:
Blevins (Chairman), district14@senate.virginia.gov 804-698-7514
Howell, district32@senate.virginia.gov 804-698-7532
Locke, district02@senate.virginia.gov 804-698-7502
Black, district13@senate.virginia.gov 804-698-7513
Carrico, district0@senate.virginia.gov 804-698-7540
Below is VEA Senior Attorney Dena Rosenkrantz’s explanation of the most recent form of the bill:
As introduced, HB 576 eliminated job security for Virginia Teachers. It provides new teachers employment only on a probationary contract allowing “dismissal without cause” and puts experienced teachers on annual contracts. An amendment in the nature of a substitute was the subject of lengthy discussion at a February 2nd subcommittee hearing. No vote was taken and further amendments and substitutions are very likely. Still we can look at what the proposed substitute would do to teacher employment –
• How can a new teacher be dismissed during the school/contract year?
The substitute no longer includes the provision making teachers on probationary contract subject to “dismissal without cause.” So probationary teachers will have a contract for the school year and face annual decision on contract renewal.
• Who is a new probationary teacher?
The substitute bill requires new teachers to complete FIVE years of probationary service, an increase from current statute establishing three year probation. Currently, even an experienced teacher who moves from one Virginia school division to another can be required to complete one year of probationary service. The substitute bill allows but does not require the new school division to impose TWO years of probationary service when hiring a teacher with Virginia experience.
• How can experienced teachers lose teaching employment?
Currently state law provides teachers who successfully complete the three year probationary period with continuing contract. Continuing contract does not protect a teacher from losing employment due to decline in enrollment, abolition of subject or reduction in classes, or decrease in school budget. Statutory dismissal procedures govern termination of a continuing contract teacher for causes including: incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or crime of moral turpitude or other good and just cause.
The substitute provides experienced teachers with a term contract for THREE years. A teacher could be laid off during the term in a reduction in force. A teacher could be dismissed during the term with notice, hearing and proof of good cause. And, most important, the teacher could be denied a new three year term contract. The failure to grant a new term contract is not a dismissal requiring hearing and proof of cause. The substitute requires the division superintendent to consider evaluations among other things in making recommendations not to renew the term contract of an experienced teacher. However, the substitute specifies “no reason is required to deny a new term contract.”
• Will teachers already on continuing contract be put on term contracts?
The Administration wants to eliminate continuing contract completely but faces constitutional difficulties. We could see a two tier system that “grandfathers” teachers already on continuing contract to preserve their constitutional property while giving newer teachers, and anyone who moves the lesser protection of term contracts. Even teachers already on continuing contract should be alarmed about this radical change in the security teachers enjoy.
Improving teacher evaluation and professionalism is a laudable goal. But putting teachers on term contracts subject to renewal without good cause does not improve the teaching profession or benefit Virginia students.
Saturday, February 4, 2012
Thursday, February 2, 2012
McDonnell Hits a Speed Bump
Today was a long one. My first subcommittee assingment began at 7:30 and the last one ended at 8:30. But, it was a very good day for the VEA lobby effort.
Governor McDonnell’s bill to take continuing contract rights from Virginia’s teachers hit a speed bump this evening in the Teachers and Administrative Action Subcommittee of the House Education Committee. The Governor’s bill, HB 576 is being carried by Delegate “Dickie” Bell.
One of VEA’s staff attorneys, Milton Brown, began doing legal research on the question of whether or not a state can by statute take continuing contract away once it has been granted. He found extensive case-law indicating that continuing contract is a “property right” and that it cannot be taken away without just cause and due process.
We developed a series of questions regarding the legality of the Governor’s proposal and met with Delegate Jennifer McClellan to discuss the issue. McClellan is sharp as tack, and she took the ball and ran with it. When McClellan questioned the legality of the bill, the counsel to the committee confirmed her assertion that teachers on continuing contract are protected by the Fourteenth Amendment to the Constitution.
The discussion of the bill went on for one hour and forty minutes, and to say the bill is in a bit of trouble is an understatement. The committee will seek a legal opinion from the Attorney General.
The subcommittee will return to consideration of the bill at 7:30 on Tuesday morning. The committee members are:
LeMunyon (Chairman), Cole, Robinson, Yost, Yancey, McClellan, Morrissey, Keam
We need to make sure they get calls urging them to oppose HB 576.
Click here for a list of the phone numbers of House members.
Governor McDonnell’s bill to take continuing contract rights from Virginia’s teachers hit a speed bump this evening in the Teachers and Administrative Action Subcommittee of the House Education Committee. The Governor’s bill, HB 576 is being carried by Delegate “Dickie” Bell.
One of VEA’s staff attorneys, Milton Brown, began doing legal research on the question of whether or not a state can by statute take continuing contract away once it has been granted. He found extensive case-law indicating that continuing contract is a “property right” and that it cannot be taken away without just cause and due process.
We developed a series of questions regarding the legality of the Governor’s proposal and met with Delegate Jennifer McClellan to discuss the issue. McClellan is sharp as tack, and she took the ball and ran with it. When McClellan questioned the legality of the bill, the counsel to the committee confirmed her assertion that teachers on continuing contract are protected by the Fourteenth Amendment to the Constitution.
The discussion of the bill went on for one hour and forty minutes, and to say the bill is in a bit of trouble is an understatement. The committee will seek a legal opinion from the Attorney General.
The subcommittee will return to consideration of the bill at 7:30 on Tuesday morning. The committee members are:
LeMunyon (Chairman), Cole, Robinson, Yost, Yancey, McClellan, Morrissey, Keam
We need to make sure they get calls urging them to oppose HB 576.
Click here for a list of the phone numbers of House members.
Wednesday, February 1, 2012
Home School Sports/Continuing Contract
Rob Bell’s HB 947, the bill forbidding local school boards from joining the Virginia High School League and allowing home schooled students to participate in public school sports was reported from the House Education Committee today. The vote was interesting – not a party line vote on either side.
YEAS--Landes, Lingamfelter, Cole, Pogge, Massie, Greason, Bell, Richard P., Stolle, LeMunyon, Robinson, Yost, Yancey, Dudenhefer, Morrissey--14.
NAYS--Tata, Rust, Alexander, Ware, O., McClellan, Tyler, Bulova, Keam--8.
VEA joined many other organizations in opposing the bill.
HB 576, the Governor’s “annual contract” bill, which is sponsored by Delegate “Dickie” Bell, will come up in the Teachers and Administrative Action Subcommittee of the House Education Committee tomorrow at 5 p.m. This meeting will be on the 5th Floor West Conference Room in the General Assemlby Building at 9th and Broad. Richmond area educators may want to attend.
This bill will eliminate continuing contract for Virgnia’s teacher and make it so that you will be at-will employees who can be non-renewed without the right to an appeal. The members of this subcommittee are Delegates LeMunyon (Chair), Cole, Robinson, Yost, Yancey, McClellan, Morrissey, and Keam. If one of these delegates represents you, please call them and urge them to vote against HB 576. Click here to access delegate phone numbers.Here are some talking points to use in the event that you can reach the delegate or leave a message:
Talking Points HB 576
Continuing contract is not tenure and does not guarantee teachers a job for life.
Continuing contract protects teachers from nepotism, cronyism, and arbitrary dismissal.
The elimination of continuing contract is a radical change to teacher contract law in Virginia, yet administration presents no empirical data to support such a change. No empirical evidence regarding the difficulty or time it takes to remove an underperforming teacher. No empirical data as to the extent of the problem.
Why should the vast majority of teachers lose their historic expectation of job security in order to remove the very small number of underperforming teachers? Why punish the many for the shortcomings of a very few?
Virginia recruits half its teachers from out of state. Virginia competes with North Caroline, Maryland, etc. for teachers from other states. Surrounding states provide job security and due process. Why would a teacher choose to work in Virginia when they can just easily go to Maryland and enjoy a greater degree of job protection/due process, a higher salary and better retirement benifits?
Current law provides a process for the dismissal of any underperforming teacher, probationary or non-probationary. Many underperforming teachers are removed from their classrooms every year, commonly done through a resignation rather than a dismissal. Human nature is such that “firing” a teacher is something school administrators find difficult to do.
The bill returns us to the bad old days of public employment cronyism, nepotism, and politics by making teaching employment at will for the first 4 years, and putting experienced teachers on term contracts. Renewal of the term contract can be denied at will. Teachers can be and are denied employment and dismissed based on evaluations now. The new law does not just make put an untested evaluation system into statute, but removes all protection for teachers performing well by subjecting them to a renewal decision without cause every 5 years. The Governor wants to eliminate continuing contract subjecting teachers to whim and caprice and destroying the stability of professional teachers for our students.
Please be on high alert. If this bill is reported to full committee we will be urging you to communicate with committee members.
YEAS--Landes, Lingamfelter, Cole, Pogge, Massie, Greason, Bell, Richard P., Stolle, LeMunyon, Robinson, Yost, Yancey, Dudenhefer, Morrissey--14.
NAYS--Tata, Rust, Alexander, Ware, O., McClellan, Tyler, Bulova, Keam--8.
VEA joined many other organizations in opposing the bill.
HB 576, the Governor’s “annual contract” bill, which is sponsored by Delegate “Dickie” Bell, will come up in the Teachers and Administrative Action Subcommittee of the House Education Committee tomorrow at 5 p.m. This meeting will be on the 5th Floor West Conference Room in the General Assemlby Building at 9th and Broad. Richmond area educators may want to attend.
This bill will eliminate continuing contract for Virgnia’s teacher and make it so that you will be at-will employees who can be non-renewed without the right to an appeal. The members of this subcommittee are Delegates LeMunyon (Chair), Cole, Robinson, Yost, Yancey, McClellan, Morrissey, and Keam. If one of these delegates represents you, please call them and urge them to vote against HB 576. Click here to access delegate phone numbers.Here are some talking points to use in the event that you can reach the delegate or leave a message:
Talking Points HB 576
Continuing contract is not tenure and does not guarantee teachers a job for life.
Continuing contract protects teachers from nepotism, cronyism, and arbitrary dismissal.
The elimination of continuing contract is a radical change to teacher contract law in Virginia, yet administration presents no empirical data to support such a change. No empirical evidence regarding the difficulty or time it takes to remove an underperforming teacher. No empirical data as to the extent of the problem.
Why should the vast majority of teachers lose their historic expectation of job security in order to remove the very small number of underperforming teachers? Why punish the many for the shortcomings of a very few?
Virginia recruits half its teachers from out of state. Virginia competes with North Caroline, Maryland, etc. for teachers from other states. Surrounding states provide job security and due process. Why would a teacher choose to work in Virginia when they can just easily go to Maryland and enjoy a greater degree of job protection/due process, a higher salary and better retirement benifits?
Current law provides a process for the dismissal of any underperforming teacher, probationary or non-probationary. Many underperforming teachers are removed from their classrooms every year, commonly done through a resignation rather than a dismissal. Human nature is such that “firing” a teacher is something school administrators find difficult to do.
The bill returns us to the bad old days of public employment cronyism, nepotism, and politics by making teaching employment at will for the first 4 years, and putting experienced teachers on term contracts. Renewal of the term contract can be denied at will. Teachers can be and are denied employment and dismissed based on evaluations now. The new law does not just make put an untested evaluation system into statute, but removes all protection for teachers performing well by subjecting them to a renewal decision without cause every 5 years. The Governor wants to eliminate continuing contract subjecting teachers to whim and caprice and destroying the stability of professional teachers for our students.
Please be on high alert. If this bill is reported to full committee we will be urging you to communicate with committee members.
Tuesday, January 31, 2012
What a difference a year makes!
Senator Marsden's SB 198, the bill which would have allowed local school boards to provide the retiree health care credit to support personnel, failed to report from the Senate Finance Committee this morning. Senator Hanger made the motion to report, and we thank him.
This bill was reported from the same committee last year only to die in the House. Look at the committee votes from both years:
2011
YEAS--Houck, Howell, Miller, Y.B., Marsh, Lucas, Whipple, Reynolds--7.
NAYS--Colgan, Wampler, Stosch, Saslaw, Watkins--5.
ABSTENTIONS--Quayle, Norment--2.
2012
YEAS--Howell, Saslaw, Hanger, Miller, Y.B., Marsh, Lucas--6.
NAYS--Stosch, Norment, Watkins, Newman, Ruff, Wagner, McDougle, Vogel--8.
ABSTENTIONS--0.
For those who doubt that elections make a difference, this vote proves otherwise.
This bill was reported from the same committee last year only to die in the House. Look at the committee votes from both years:
2011
YEAS--Houck, Howell, Miller, Y.B., Marsh, Lucas, Whipple, Reynolds--7.
NAYS--Colgan, Wampler, Stosch, Saslaw, Watkins--5.
ABSTENTIONS--Quayle, Norment--2.
2012
YEAS--Howell, Saslaw, Hanger, Miller, Y.B., Marsh, Lucas--6.
NAYS--Stosch, Norment, Watkins, Newman, Ruff, Wagner, McDougle, Vogel--8.
ABSTENTIONS--0.
For those who doubt that elections make a difference, this vote proves otherwise.
Monday, January 30, 2012
House Vote on Labor Day Bill Sets Up Senate Battle
This morning the House Education Committee, on a strong vote, reported Delegate Bob Tata’s HB 1063, which returns control of the school calendar to local school boards.
YEAS--Tata, Rust, Massie, Greason, Bell, Richard P., Stolle, LeMunyon, Robinson, Yost, Yancey, Dudenhefer, Alexander, Ware, O., Tyler, Bulova, Morrissey, Keam--17.
NAYS--Landes, Lingamfelter, Cole, Pogge--4.
NOT VOTING--McClellan--1.
McClellan was out of state on pressing personal business, but she would have voted for the bill.
This sets up a battle after crossover. The vote on Marsden’s similar bill in the Senate Education and Health Committee was as follows:
YEAS--Martin, Lucas, Newman, Barker, Northam, Miller, J.C., McWaters, Black, Carrico--9.
NAYS--Saslaw, Howell, Blevins, Locke, Smith, Garrett--6.
This vote was to Pass-By-Indefinitely, so a NAY was a vote for the bill. We need to flip two votes to get the bill to the floor in the Senate.
A special thanks goes to Senator Harry Blevins, who chairs the Education Subcommittee of Senate Education and Health. The Governor’s teacher contract bill was to be taken up without VEA even having a chance to see the substitute being proposed. He let the bill go by for the day so that we can try to get our hands on it and prepare to testify. Senator Obenshain is carrying the bill.
YEAS--Tata, Rust, Massie, Greason, Bell, Richard P., Stolle, LeMunyon, Robinson, Yost, Yancey, Dudenhefer, Alexander, Ware, O., Tyler, Bulova, Morrissey, Keam--17.
NAYS--Landes, Lingamfelter, Cole, Pogge--4.
NOT VOTING--McClellan--1.
McClellan was out of state on pressing personal business, but she would have voted for the bill.
This sets up a battle after crossover. The vote on Marsden’s similar bill in the Senate Education and Health Committee was as follows:
YEAS--Martin, Lucas, Newman, Barker, Northam, Miller, J.C., McWaters, Black, Carrico--9.
NAYS--Saslaw, Howell, Blevins, Locke, Smith, Garrett--6.
This vote was to Pass-By-Indefinitely, so a NAY was a vote for the bill. We need to flip two votes to get the bill to the floor in the Senate.
A special thanks goes to Senator Harry Blevins, who chairs the Education Subcommittee of Senate Education and Health. The Governor’s teacher contract bill was to be taken up without VEA even having a chance to see the substitute being proposed. He let the bill go by for the day so that we can try to get our hands on it and prepare to testify. Senator Obenshain is carrying the bill.
Friday, January 27, 2012
Share the Truth About School Funding!
I’ve addressed the need to keep the education funding debate honest in previous postings, but I’d like to retrace my steps to add a bit of additional information.
In the Governor’s budget address, in his State of the State address, and frequently since he cited the JLARC Review of State Spending to justify his proposed education funding levels saying:
“… in K-12 education, according to the JLARC report, total funding has grown 41% over the last decade, while student enrollment has only gone up 6%.”
VEA members hear this and wonder why their classes are bigger, supplies are in short supply, and their salaries have, in most places, been cut or are stagnant.
This nugget from the Senate Finance Committee comes explains why reality does not comport with the Governor’s statement:
"GF and NGF Appropriations Over Ten Years (GF and NGF) –FY 2002 to FY 2011. Per JLARC’s annual report on State Spending, total Direct Aid (GF and NGF) increased 41 percent while enrollment increased 6 percent and inflation increased 23 percent. This results in an inflation-adjusted per pupil increase of about 12 percent over ten years."
However, Page 14 of the JLARC State Spending report the Governor references also offers a telling analysis:
“DOE (Direct Aid) … was not among the ten fastest growing agencies …, having grown more slowly (21%) than inflation, which grew 23% over the period.” (Table references are deleted.)
The report points out that the implementation of the federal mandates associated with NCLB and special education requirements had a substantial impact on the cost of public education.
Page 3 says, “… this report does not address the merits or adequacy of funding for governmental functions, agencies, or programs.”
Let’s look at the facts. Virginia’s per-pupil spending from state sources ranks 35th in the nation (CQ Education State Ranking 2011-2012). Our average teacher salary is $4,510 below the national average (CQ Education State Ranking 2011-2012). But, we are the 7th wealthiest state in per capita personal income (CQ State Rankings 2011).
In year two of the proposed budget we will be running our schools on $547 less per-pupil than in FY 2009. We have 2,116 fewer teachers in our schools today (VA DOE) than we did in 2009 , but we have about 45,000 more students (Weldon Cooper Center).
Spread the truth as you talk to folks this weekend, and have a good one.
In the Governor’s budget address, in his State of the State address, and frequently since he cited the JLARC Review of State Spending to justify his proposed education funding levels saying:
“… in K-12 education, according to the JLARC report, total funding has grown 41% over the last decade, while student enrollment has only gone up 6%.”
VEA members hear this and wonder why their classes are bigger, supplies are in short supply, and their salaries have, in most places, been cut or are stagnant.
This nugget from the Senate Finance Committee comes explains why reality does not comport with the Governor’s statement:
"GF and NGF Appropriations Over Ten Years (GF and NGF) –FY 2002 to FY 2011. Per JLARC’s annual report on State Spending, total Direct Aid (GF and NGF) increased 41 percent while enrollment increased 6 percent and inflation increased 23 percent. This results in an inflation-adjusted per pupil increase of about 12 percent over ten years."
However, Page 14 of the JLARC State Spending report the Governor references also offers a telling analysis:
“DOE (Direct Aid) … was not among the ten fastest growing agencies …, having grown more slowly (21%) than inflation, which grew 23% over the period.” (Table references are deleted.)
The report points out that the implementation of the federal mandates associated with NCLB and special education requirements had a substantial impact on the cost of public education.
Page 3 says, “… this report does not address the merits or adequacy of funding for governmental functions, agencies, or programs.”
Let’s look at the facts. Virginia’s per-pupil spending from state sources ranks 35th in the nation (CQ Education State Ranking 2011-2012). Our average teacher salary is $4,510 below the national average (CQ Education State Ranking 2011-2012). But, we are the 7th wealthiest state in per capita personal income (CQ State Rankings 2011).
In year two of the proposed budget we will be running our schools on $547 less per-pupil than in FY 2009. We have 2,116 fewer teachers in our schools today (VA DOE) than we did in 2009 , but we have about 45,000 more students (Weldon Cooper Center).
Spread the truth as you talk to folks this weekend, and have a good one.
Thursday, January 26, 2012
GA Schizophrenic on Labor Day, Wants Homeschoolers to Play on Public School Sports Teams
This was an eventful day and long for education related legislation. The Students and Early Education subcommittee of the House Education Committee, which meets at 7:30 a.m., took up two bills relating to home schooling.
Delegate Rob Bell's HB 947 prohibits public schools from joining the Virginia High School, which does not allow participation of home schooled in sports, and allows home schooled students to participate in public school sports programs. The vote was as follows:
YEAS--Bell, Richard P., Landes, Stolle, Robinson, Yost, Morrissey--6.
NAYS--Alexander, Keam--2.
In the Senate Education and Health Committee, efforts to repeal the "King's Dominion Act" (SB 257)and grant local school boards control of the school calendar failed despite the Governor's support of the legislation. The vote was as follows (The motion was to pass by indefinitely, so a yes vote was a vote against the bill):
YEAS--Martin, Lucas, Newman, Barker, Northam, Miller, J.C., McWaters, Black, Carrico--9.
NAYS--Saslaw, Howell, Blevins, Locke, Smith, Garrett--6.
At the 5 p.m. meeting of the Teachers and Administrative Action Subcommittee of the House Education Committee, Delegate Bob Tata’s HB 1063, which repeals the “King’s Dominion Act” and grants local school boards control of the school calendar reported on the following 7-1 vote”
YEAS – LeMunyon, Robinson, Yost, McClellan, Morrissey, Keam –7
NAYS – Cole – 1
So, the school calendar bill is dead in the Senate, but alive in the House. Please call your delegate urging support of HB 1063. It should be in full committee on Monday and, we hope, heading to the floor after that.
Click here to find your delegate's phone number.
Delegate Rob Bell's HB 947 prohibits public schools from joining the Virginia High School, which does not allow participation of home schooled in sports, and allows home schooled students to participate in public school sports programs. The vote was as follows:
YEAS--Bell, Richard P., Landes, Stolle, Robinson, Yost, Morrissey--6.
NAYS--Alexander, Keam--2.
In the Senate Education and Health Committee, efforts to repeal the "King's Dominion Act" (SB 257)and grant local school boards control of the school calendar failed despite the Governor's support of the legislation. The vote was as follows (The motion was to pass by indefinitely, so a yes vote was a vote against the bill):
YEAS--Martin, Lucas, Newman, Barker, Northam, Miller, J.C., McWaters, Black, Carrico--9.
NAYS--Saslaw, Howell, Blevins, Locke, Smith, Garrett--6.
At the 5 p.m. meeting of the Teachers and Administrative Action Subcommittee of the House Education Committee, Delegate Bob Tata’s HB 1063, which repeals the “King’s Dominion Act” and grants local school boards control of the school calendar reported on the following 7-1 vote”
YEAS – LeMunyon, Robinson, Yost, McClellan, Morrissey, Keam –7
NAYS – Cole – 1
So, the school calendar bill is dead in the Senate, but alive in the House. Please call your delegate urging support of HB 1063. It should be in full committee on Monday and, we hope, heading to the floor after that.
Click here to find your delegate's phone number.
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