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Legislative Attacks on Educators, TEA Likely to Continue Increasing TEA Membership Is More Important Than Ever!

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Legislative Attacks on Educators, TEA Likely to Continue Increasing TEA Membership Is More Important Than Ever! Volume 21, No. 13 FINAL REPORT Legislative Attacks on Educators, TEA Likely to Continue Increasing TEA Membership Is More Important Than Ever! “We are now showing what we can do. This year was just an appetizer. Next year, and in the years to come, you will see the main course.” -- TEA critic and Senate Speaker Ron Ramsey (May 25, 2011) Disingenuously couching their actions as “education reform”, the 2011 General Assembly launched a full attack on teacher rights and the Tennessee Education Association. Early in the session, a major overhaul of the Tennessee Teacher Tenure Law was passed. While having minimal impact on teachers who achieved tenure prior to July 1, 2011, the new law provides for using an unproven evaluation system for future high stakes personnel decisions. It could also substantially prevent the majority of teachers from ever achieving tenure status. At the very end of the session, the legislative majority voted to repeal the 1978 Education Professional Negotiations Act and replace it with a process called “collaborative conferencing.” Ironically, the Professional Educators Collaborative Conferencing Act (PECCA) calls for “collaboration” but was developed behind closed doors without any input from TEA. The process outlined in PECCA will allow for virtually endless “collaboration” with no way to bring the process to any real conclusion. Although time will tell, the prospects for success of this new law are minimal. In separate blatant attacks on the TEA, the legislature voted to remove TEA’s elected representatives from the Board of Trustees of the Tennessee Consolidated Retirement System and replace them with political appointees. Protection of OUR retirement system is going to be a battle yet to be fought! The legislature continued its onslaught by drastically reducing the rights of the education support personnel (ESPs). As though this was not enough, the General Assembly basically wrote a “blank check” to charter schools, greatly expanding enrollment eligibility and removing caps on the number of schools which could be established. Maybe even more problematic was the passage of a “virtual” school law which could allow a student to attend a so-called “public” school for pre-K through 12 without ever setting foot in a brick-and-mortar school building! As we look toward 2012, what can we do to protect public education and ourselves as public school employees? . Find out how your legislators voted and hold them accountable! You can easily check voting records by going to the legislature’s website at http://www.legislature.state.tn.us/. Type in the bill number – tenure “reform” (HB 2012/SB 1528); negotiations repeal (HB 130/SB 113); TCRS attack (HB 565/SB 102). If you have trouble finding these voting records, contact TEA Government Relations by e-mailing [email protected]. Use every means possible to tell your colleagues and the public that these attacks cannot continue! Write letters to the editor, speak to civic groups, talk with your friends and neighbors – be involved – it’s your future at stake. Spread the word that “accountability” is not a one-way street. Students, parents, and legislators are accountable, TOO! . Get engaged in the political process. It is obvious that we are not going to change some minds, so we have to change some people! . Help us grow TEA membership. Educators need a strong voice now more than ever! Those who want to destroy TEA’s voice are seeking to destroy YOUR voice. TEA Legislative Report Page 50 SUMMARIES OF SELECTED 2011 EDUCATION RELATED LEGISLATION State Budget/Appropriations Bill – sponsored by Rep. Gerald McCormick (R-Chattanooga) and Sen. Mark Norris (R-Collierville) -- Makes appropriations for fiscal years beginning July 1, 2010, and July 1, 2011. Effective July 1, 2011. Public Chapter 473. Tenure/New Law – sponsored by Rep. Gerald McCormick (R-Chattanooga) and Sen. Mark Norris (R- Collierville) – Makes substantial changes to tenure law for teachers who achieve tenure after July 1, 2011. Amends TCA Title 49, Chapter 5. Effective July 1, 2011. Public Chapter 70. Collaborative Conferencing (PECCA) – sponsored by Rep. Debra Maggart (R-Hendersonville) and Sen. Jack Johnson (R-Franklin) – Enacts the “Professional Educators Collaborative Conferencing Act of 2011.” Amends TCA 5-23-107 and Title 49. Effective June 1, 2011. Public Chapter 378. TCRS/Board of Trustees Composition – sponsored by Rep. Joey Hensley (R-Hohenwald) and Sen. Dolores Gresham (R-Somerville) – Changes the method of selection of trustees of TCRS representing teachers and retired teachers from election by the representative assemblies of the Tennessee Education Association and the Tennessee Retired Teachers Association respectively to appointment by the speakers of the senate and the house; authorizes professional education employees' organizations to recommend persons to the speaker of each chamber of the general assembly for appointment to teacher trustee positions for TCRS. - Amends TCA Section 8-34-302 and Section 8-34-303. Effective May 27, 2011. Public Chapter 280. TCRS “Housekeeping” Legislation– sponsored by Charles Sargent (R-Franklin) and Sen. Randy McNally (R-Oak Ridge) HB 707 – Revises various provisions governing the Tennessee Consolidated Retirement System; requires that counsel for treasury department serve as attorney for the chair of TCRS and treasury with regard to deferred or tax-sheltered compensation plans. - Amends TCA Section 8-24- 104(c); Title 8, Chapter 25, Part 1; Section 8-25-111; Title 8, Chapter 25, Part 3; Title 8, Chapter 34, Part 2; Section 8-34-203; Section 8-34-302(a)(6); Section 8-34-319; Section 8-34-321; Title 8, Chapter 35, Part 2; Section 8-35-201(d); Section 8-35-218(a); Section 8-36-208(b) and Section 8-36-212. Effective May 2, 2011. Public Chapter 140. Non-Licensed Personnel/Dismissal – sponsored by Rep. John Forgety (R-Athens) and Sen. Bo Watson (R-Hixson) – Specifies that persons who are employed by an LEA in a position for which no teaching license is required must be hired at the will of the director of schools; requires local boards of education to develop policies for dismissing employees in positions for which no teaching license is required. - Amends TCA Section 49-2-301. Effective July 1, 2011. Public Chapter 335. Students/Dual Enrollment – sponsored by Rep. Judd Matheny (R-Tullahoma) and Sen. Eric Stewart (D-Belvidere) -- Revises laws relative to dual enrollment. Effective June 6, 2011. Public Chapter 427. Students/Truancy – sponsored by Rep. Phillip Johnson (R-Pegram) and Sen. Tim Barnes (D- Clarksville) – States that a parent, guardian or other person who has control of a truant student commits educational neglect. Amends TCA, Title 49, Chapter 6, Part 30. Effective May 20, 2011. Public Chapter 220. Students/Remedial Instruction – sponsored by Rep. Phillip Johnson (R-Pegram) and Sen. Tim Barnes (D-Clarksville) – States that attendance laws shall apply to remedial instruction for students who are determined to require such instruction, including summer school and after school programs. Amends TCA, Title 49, Chapter 6. Effective May 20, 2011. Public Chapter 219. Students/Early Graduation – sponsored by Rep. Lois DeBerry (D-Memphis) and Sen. Jim Kyle (D- Memphis) – Enacts the “Move on When Ready Act. Effective June 16, 2011; July 1, 2011. Public Chapter 488. TEA Legislative Report Page 51 Students/Social Promotion – sponsored by Rep. Harry Brooks (R-Knoxville) and Sen. Charlotte Burks (D-Monterey) -- Specifies that beginning with the 2011-2012 school year, a student in the third grade may not be promoted to the next grade level unless the student has shown a basic understanding of curriculum and ability to perform the skills required in the subject of reading as demonstrated by the student's grades or standardized test results; such student may be promoted if the student participates in an LEA approved research-based intervention prior to the beginning of the next school year; act does not apply to any student who has an IEP pursuant to the federal Individuals with Disabilities Education Act. - Amends TCA Title 49. Effective July 1, 2011. Public Chapter 351. Parental Involvement – sponsored by Rep. Mike Turner (D-Nashville) and Sen. Jim Kyle (D-Memphis) – Urges employers to develop programs under which their employees with children in school can take time off to volunteer in their children’s schools. Amends TCA, Title 49. Effective May 23, 2011. Public Chapter 241. Cyber-bullying – sponsored by Rep. Charles Curtiss (D-Sparta) and Sen. Bill Ketron (R-Murfreesboro) – Defines cyber-bullying and requires schools to implement policies against cyber-bullying. Amends TCA Title 49, Chapter 6, Part 10. Effective July 1, 2011. Public Chapter 251. Teachers/Code of Ethics – sponsored by Rep. Jim Coley (R-Bartlett) and Sen. Joe Haynes (D- Goodlettsville) – Requires the State Board of Education to post the Teacher Code of Ethics on its web site. Amends TCA, Title 49, Chapter 5, Part 10. Effective May 20, 2011. Public Chapter 214. Teachers/Termination Notice – sponsored by Rep. Harry Brooks (R-Knoxville) and Sen. Dolores Gresham (R-Somerville) – Removes requirement that written notice of termination of teacher contain a statement that such notice was authorized by a majority vote of the local board of education with the name of the teacher receiving such note being recorded in the minutes of the board. Amends TCA 49, Section 49-5-409. Effective May 23, 2011. Public Chapter 255. Teachers/Leaves of Absence – sponsored by Rep. John Mark Windle (D-Livingston) and Sen. Charlotte Burks (D-Monterey) -- Prohibits charging a teacher with a day of leave for any day on which the teacher's school or school district is closed because of natural disaster, inclement weather, serious outbreak of contagious illness or other unexpected event. - Amends TCA Title 49, Chapter 5, Part 7. Effective July 1, 2011. Public Chapter 284.
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