Nancy L. Mullett, Attorney Del Chenault, Director

1. Michigan Association of School Personnel Administrators2012 Winter ConferenceDecember 5, 2013THE EFFECTS OF POLITICS ON EDUCATION Nancy L. Mullett, Attorney Del Chenault, Director Kreis, Enderle, Hudgins & Borsos, P.C. Eric Griggs, Attorney Clark Hill, PLC

2. Topics • Education Reforms of 2011 – 2012 • Where It Began • What Was Envisioned • What Evolved • Outcomes • Impact • What’s Next?

3. Education Reform: 2011-2012 • WHERE IT BEGAN - April 27, 2011 • A Special Message from Governor Rick Snyder: Education Reform • To the Michigan Legislature: • “Michigan’s education system is not giving our taxpayers, our teachers, or our students the return on investment we deserve. In spite of the fact that we rank 21st in the country in total current expenditures per pupil according to the most recent data of the National Center for Education Statistics (NCES), consider the following: • Less than 50% of our students are proficient in writing across grades based on fall 2010 MEAP data in grades 4 and 7, and spring 2010 Michigan Merit Examination (MME) data for grade 11 • In National Assessment of Educational Progress (NAEP) testing for grade 4 math we rank 39th ; for grade 4 reading we rank 34th; for grade 8 math we rank 37th; and, for grade 8 reading we rank 33rd (NCES) • Only 16% of all students statewide are college-ready based on the ACT taken in spring 2010 as a part of the MME • 238 Michigan high schools have zero college-ready students in all subjects based on the spring 2010 ACT test • We can – indeed we must – do better. “

4. Education Reform: 2011-2012 • WHAT WAS ENVISIONED: • Early Childhood: Consolidation of early childhood programs and resources into a single office of early childhood – the Michigan Office of Great Start – Early Childhood . • Performance-Based System of Schools: School districts should receive a bonus beyond the per pupil state foundation allowance for demonstrating student growth in reading, math and other MDE selected subjects. • Public Charter Schools: Any caps limiting the number of charter schools in districts with at least one academically-failing school be removed. • Accountability and Empowerment: Application of the Emergency Manager legislation to school districts that meet certain criteria.

5. Education Reform: 2011-2012 • WHAT WAS ENVISIONED: • School Safety: The Legislature should pass a comprehensive anti-bullying bill. • Any Time, Any Place, Any Way, Any Pace Program: • Choice: Michigan’s state foundation allowance should not be exclusively tied to the school district a child attends. Instead, funding needs to follow the student. • 21st Century Education: By creating a robust virtual learning environment, Michigan will provide students more education options that best meet their needs. • Degrees Matter: Requesting legislation of a “Degrees Matter” system that values and demands a post-secondary degree or skilled trades credential for all Michigan residents. • Performance-Based Teaching: • Tenure: Reform tenure laws including overhaul of seniority, bumping, layoffs and annual evaluations.

6. Education Reform: 2011-2012 • WHAT EVOLVED: • 2011 PA 4 – repealed the Local Government Fiscal Responsibility Act and created the Local Government and School District Fiscal Accountability Act. • 2012 PA 436 – replaced 2011 PA 4 after voter repeal and created the Local Financial Stability and Choice Act. • 2011 PA 54 – freezes wages and benefits from when collective bargaining agreement expires until a successor agreement takes effect. • 2011 PA 100 and 101 – revised the Tenure Act to lengthen probationary period from 4 to 5 yrs; discipline now appropriate if it is "not arbitrary or capricious;” “demotion” increased from 3 to 14 school days. • 2011 PA 102 – Revised School Code – sections 1248 on layoff and recall prohibit use of seniority or tenure & expands section 1249 requirements relating to teacher evaluations. • 2011-2012 & 2012-2013: “transition years” for teacher evaluation. • Governor's Council charged with issuing State evaluation tool by April 30, 2012. • 2011 PA 103 – added 7 new prohibited subjects of bargaining to PERA.

7. Education Reform: 2011-2012 WHAT EVOLVED: • 2011 PA 129 – raised the cap on cyber schools. • Michigan Public Education Finance Project – group called the Oxford Foundation tasked with revising the State School Aid Act to implement the Governor’s “Any Time, Any Place, Any Way, Any Pace” proposal. • 2011 PA 152 – “Senate Bill 7” –the Publicly Funded Health Insurance Contribution Act requires schools to adopt a hard cap or percentage share for employee’s medical benefits. • 2011 PA 241 –Matt’s Safe School Law requires schools to adopt anti-bullying policies. • 2011 PA 277 – lifted cap on charter schools • Section (22f) of the State School Aid Act – creates one-time Best Practices funding

8. Education Reform: 2011-2012 WHAT EVOLVED: • 2012 PA 349 – made Michigan a “Right to Work” state • 2012 PA 606 - created new Conflict of Interest law in Revised School Code Section 1203 • 2012 PA 417 – Revised election law to make it harder to recall elected officials. • Common Core – House Education Hearings

9. Education Reform: 2011-2012 OUTCOMES: • New norm for school funding. • Limited collective bargaining rights for public school employees. • Pressure on unions to attract, serve, and retain members. • Limited protection for teachers. • Increased competition from charter schools. • Limits on public employers’ contributions for employees’ health insurance. • Expansion of state power over financially ailing districts and so-called “failing” schools.

10. Education Reform: 2011-2012 IMPACT: • Some people describe 2011 and 2012 as years of relentless teacher-bashing and the gutting of Michigan’s public education system, led by a new Republican Governor and a GOP-dominated Legislature. • To others, 2011 and 2012 were years when the state launched a much-needed and long-overdue overhaul of its public K-12 education systemand reined in the power of state-wide teachers’ unions. • Both Sides Agree: 2011 and 2012 marked the biggest change in Michigan public education since the passage of Proposal A and PA 112 of 1994.

11. Education Reform FUTURE IMPACT • Right To Work: • MEA President Steve Cook says that only 1% of the MEA’smembers (1,500 total) have chosen to leave the union as of October 2013. • However, many union members still do not have the option to leave the union because their contracts were extended or renewed before RTW took effect. • Cook says that the MEA will not pursue a 2014 ballot initiative to overturn RTW. • Instead, it will spend its money to support candidates favorable to the union’s concerns. • Teacher Evaluations: • The Michigan Council for Educator Effectiveness recommendsthat by 2015-16, half of a teacher’s evaluation should be based on classroom practices and the other half on student growth as determined by scores on tests. • Also recommending that a teacher be dismissed after two years of ineffective ratings.

12. 2013 – 2014 What’s Next? • HB 4369 – Legislation to codify the Educational Achievement Authority (EAA) and allow it to operate up to 50 schools. • SB 0066 – would make the Michigan Merit Curriculum (MMC) more compatible with career technical education (CTE). • HB 5111 – would require 3rd grade students to be at least proficient in reading according to a state assessment before advancing to 4th grade. • HB 5112 – would give schools letter grades for evaluating their performance instead of current color-coded system. • SB 492 – would amend the School Code to make it in line with the School Aid Act regarding the new September 1 kindergarten entry age that will be implemented in the 2014-15. • SB 442 & 443 – would amend the Revised Judicature Act and School Aid Act to prevent school’s from levying special tax assessments to pay for adverse court judgments. • Differential Funding Levels for on-line / virtual learning

13. Questions? Please Note: This document is not intended to give legal advice. It is comprised of general information.