ALERT! Anti-Public Education Bills

ISTA Members: Two anti-public education bills in the Indiana House need your attention and your response TODAY:

www.keepthepromiseindiana.org

PARENT TRIGGER ACCELERATION HB 1358
ATTACK ON TEACHERS' RIGHTS HB 1339

HB 1358:
Tuesday; House Education Committee will hear the accelerated "Parent Trigger" bill to enable a minority of parents to take over community-based public schools and convert them to charter schools run by corporate "lead partners".--HB 1358 (Rep. Todd Huston, R-Fishers).

WHAT HB 1358 DOES:

• Indiana's existing conversion charter school law is repealed (which requires both the school board and parents to agree on a conversion).
• That law is replaced with a model that solely enables 51% of parents in a school that is labeled in the bottom two categories for three (3) consecutive years to:

• take over the school by petitioning the state board of education to assign a "lead partner" to operate the school; and

• place the school under the most draconian of sanctions that currently attach to schools in the bottom two lowest categories for five (5) consecutive years.

• When is 51% not a majority? When parents are given multiple votes based upon the number of children they have in a school. Because parents are given "weighted" voting rights based upon the number of children then have in a school, a minority of parents can fundamentally change the focus, the governance, the scope of teachers' rights, and the framework of a local community-based public school. 

HB 1339:

• Teachers:

• Due Process: Repeals the law concerning the continuing effect of an individual teacher's contract. Without this law, contracts will terminate on their face annually and a teacher, "effective or not," will not be protected from arbitrary termination until a new contract is signed.

• Collective Bargaining: Relative to the pro rata member/nonmember composition on committees-states that all "discussion committees" fall under this pro rata framework. Existing law exempted the bargaining team from having to adhere to the member/nonmember composition because under law, the bargaining team is the EXCLUSIVE representative.

• States that the existence of a voluntary sick bank is bargainable but the terms of the sick bank policy are not. This reneges on the 2011 pledge that wages and benefits are bargainable. A voluntary sick bank is a benefit.

• Removes the provision authorizing the continuing effect of a collective bargaining agreement (CBA) when agreement has not been reached. The whole point of the new collective bargaining law was to get to the point of agreement. There has been only one case in which agreement has not been reached---and that situation was created by allegations of unfair labor practices having occurred. In a case such as this, the party that committed an unfair labor practice should not be "rewarded" by terminating the existing CBA.

• Suspension without pay: Removes from law the requirement that a teacher who is subject to suspension without pay is entitled to a full statement of the reasons for the proposed suspension without pay and to be heard and to present the testimony of witnesses and other evidence. Also repeals the law that enables the school board to appoint an agent or attorney to issue subpoenas for the attendance of witnesses for either party at the hearing to suspend a teacher without pay.

• Teacher Compensation: Requires that each school district must submit its compensation model to the DOE and the DOE, the State Board of Accounts, and the IEERB and these bodies shall report any noncompliance to the State Board of Education -which is then required to take "appropriate action to ensure compliance."

• Virtual Charter Schools:

• Enables a virtual charter school to provide up to 90% of its program "virtually" and still qualify for state funding. Current law says 50% of instruction must be "real." The likely effect is to enable more home-schooled students to be virtually-instructed at the state's expense. There is no funding attached to this. There is no requirement that a student first attend a public school. Also, note in HB 1338, virtually funding was increased from 87.5% of Indiana's per pupil funding to 100% of Indiana's per pupil funding. The funding for these new students will come from existing public school k-12 funding.

• Repeals the law that requires the DOE to report to the state on virtual schools in Indiana.

• Charter Schools:

• As to charter school performance reporting on the DOE website, enables each charter school authorizer to develop its own performance framework in terms of the data reported (existing law says that the annual performance data for charter schools must include the same demographic and performance data required of every other public school).

• Administrators:

• Provides some of the same due process "protections" to administrators that teachers have. However, because most administrators have multi-year contracts, the consequences for cancelling a contract will likely not play out in the same fashion-that being, contracts with out-going administrators generally come with some form of buyout.

Please let your representative and every member of the House Education committee know TODAY you oppose HB 1358 & HB 1339

For additional information on these two bills and to email legislators, visit:
www.keepthepromiseindiana.org