Legislative Update, March 24
03/24/2017
Committees were busy again this week as they try to move bills before the deadline to finish their work. Next week will be the last week for standing committees to meet and move bills.
If you haven't yet, be sure to email or call your representative on a bill that is a direct assault on ISTA and our members.
Below are the top education-related bills ISTA is tracking, which saw action in the General Assembly this week. For daily updates from the Statehouse, read our posts on Twitter at @ISTAmembers.
SB 407 (Rep. Houchin, R - Salem) Education Matters
SB 407 is another attempt to interfere with teachers and their association. Under this bill, the Indiana Education Employment Relations Board (IEERB) would be empowered to compile association membership information, including membership numbers, and publish the data on a website.
IEERB would also be required to post training modules, videos or other instructional material informing school employees of union representation rights. IEERB will be required to contact certain association members to teach them how to change their membership status.
The bill demonstrates confusion between membership and representation of teachers.
TAKE ACTION: Email or call your representative and tell them to oppose SB 407.
Status: SB 407 passed the House Education Committee Wednesday. It is now in the full House for a vote.
SB 498 (Sen. Raatz, R - Richmond) Teacher Compensation
SB 498 would change "attainment" of a Master's degree (i.e., the single year in which the degree is received) from "possession" (ongoing) for purposes of calculating compensation. ISTA supports this bill.
Status: SB 498 was on the House Education Committee agenda Tuesday, but was held due to an amendment being drafted. It is scheduled to be heard in committee next week.
HB 1003 (Rep. Behning, R - Indianapolis) Student Assessments
This bill would extend the replacement of ISTEP until June 30, 2018, when a new statewide test will be known as Indiana's Learning Evaluation Assessment Readiness Network (ILEARN).
The bill was heard last week in the Senate Education Committee. ISTA raised concerns that the bill continues to base teacher evaluations and school accountability grades on standardized test scores. The bill also does not go far enough to reduce student testing time or provide a meaningful assessment for teachers to improve instructional practices in the classroom or to tailor instruction.
Status: Senate Education Committee Chair Sen. Dennis Kruse did not hear HB 1003 on Wednesday due to continuing work on amending the bill. It will likely be heard next week.
HB 1004 (Rep. Behning, R - Indianapolis) Pre-K and Voucher Expansion
HB 1004 would expand the state’s pre-K education pilot program to any eligible provider in the state. The bill conservatively increases spending on the pilot program, totaling $16 million. However, $1 million of that is set aside for a virtual pre-K program.
A provision within HB 1004 that would have created a pipeline of new students into the state's already costly private school voucher program was removed last week by the Senate Education Committee.
Status: HB 1004 was heard in the Senate Appropriations Committee Thursday where it passed, unamended, 9-1.
HB 1007 (Rep. Cook, R - Cicero) Education Course Access Program
HB 1007 is an American Legislative Exchange Council (ALEC) model bill that would create a course-by-course voucher program to enable students to pay for online courses, funded through the allotment of funds attributable to a student's public school corporation.
The bill was heard in the Senate Education Committee Wednesday, where Sen. Eddie Melton (D - Gary) offered amendments. The amendments would have made the course voucher program a pilot, restricted the course providers to nonprofit organizations and required criminal background checks for employees teaching the courses. However, the amendments failed along party lines.
Status: The bill passed the Senate Education Committee 8-3. It has been reassigned to the Senate Appropriations Committee for its meeting next week.
HB 1008 (Rep. Huston, R - Fishers) Workforce Development
HB 1008 is the House version of Career and Technical Education (CTE) reforms. ISTA had not opposed HB 1008 in the House. Changes made to the bill by the Senate give the bill a somewhat more aggressive approach to CTE funding changes, but does maintain CTE funding within the Indiana Department of Education. The amended version would reduce the number of CTE funding categories from the current nine to three, but stakeholders have yet to see a formula run on the consequences of a change like this. The amended version also removes the original HB 1008 credit and non-credit CTE opportunities.
ISTA preferred the House passed version of HB 1008.
Status: The bill passed out of the Senate Appropriations Committee and now goes to the full Senate for further amendment.
HB 1009 (Rep. Cook, R - Cicero) School Financial Management
HB 1009 would roll together the various property tax funds (capital projects, transportation, school bus replacement, art association, historical society and playground funds) and create a new, single operations fund. Additionally, the bill would create an education fund to exclusively cover student instruction and learning expenditures.
As HB 1009 came out of the House, ISTA noted that the bill’s language did not fully ensure that its stated intent (to get more money into the classroom) would occur. Several additional safeguards were needed to be included in this bill.
ISTA thanks Chairman Luke Kenley (R – Noblesville) and the Senate Appropriations Committee for amending HB 1009 in a variety of ways to improve this bill.
Specifically, changes made on Thursday include:
- Delaying the ultimate effective date until January 1, 2019.
- Prioritizing the education fund by transferring a school's general fund into the education fund first.
- Maintaining that any transfers out of the education fund could only occur after notice was given for a public meeting.
- Recognizing that monies transferred from the operations fund to the education fund is revenue for purposes of bargaining.
- Calling on the State Board of Accounts to establish a uniform chart of accounts for districts to use - essentially giving all stakeholders a chance to weigh-in on which funds should go to operations and which should go to education.
- Maintaining districts' rainy day funds, special purpose funds and employee self-insurance funds - instead of having those monies be deposited into the operations fund.
- Clarifying that athletic coaches' remuneration be included in the education fund.
- Ensuring the Capital Projects Fund can continue to be leveraged for certain liability insurance and utility costs.
Status: HB 1009 passed the Senate Appropriations Committee 11-0 and now goes to the full Senate for consideration.
This bill originally focused on the calculation of graduation rates, but an amendment was added in committee that would enable D and F private, voucher schools to skirt the existing accountability standards. Under current law, if a private voucher school has two consecutive years as a D or F school, it loses its right to receive vouchers. Under this amendment, the State Board of Education would be allowed to annually grant a waiver or a delay of that accountability sanction, if, "a majority of students demonstrated academic improvement," from the prior year.
ISTA opposes this bill as amended.
Status: Senate Education Committee chair, Sen. Dennis Kruse did not hear HB 1384 on Wednesday due to continuing work on amending the bill. It will likely be heard next week.
HB 1463 (Rep. Carbaugh, R - Fort Wayne) Teacher's Defined Contribution Plan
The bill would setup a voluntary Defined Contribution (DC-only) plan for newly-hired teachers. A member who does not elect to participate in the DC-only plan defaults to the current defined benefit/annuity (DB) hybrid plan.
ISTA opposes DC plans due to extensive research which shows members lose significant retirement benefits with these 401(k)-type plans. Doing the math on this proposal bears out the research. A member who spends a career teaching in Indiana who would elect this DC plan can expect to receive just a fraction of benefit expected under the DB hybrid plan.
HB 1463 was heard in the Senate Pension and Labor Committee where it was amended, mostly for the worse. PERF and TRF members will now no longer have 36 months to opt out of the DC plan.
Status: The bill passed the Senate Pension and Labor Committee 6-3 and now in the full Senate for consideration.
HB 1537 (Rep. Gutwein, R - Francesville) Thirteenth Check
This bill would provide a 13th check in 2017 for certain retired members of the Indiana state teachers' retirement fund and other public employee retirement plans.
ISTA again testified in support of this bill in the Senate Appropriations Committee, but stressed the real need for a true cost-of-living (COLA) increase. A true COLA, attached to the member's pension, has not passed since 2009.
Status: The bill passed the Senate Appropriations Committee 10-0 and now in the full Senate for consideration.
LOOKING AHEAD TO NEXT WEEK
MONDAY
Senate Rules - 10 a.m. ET, Senate Chamber
HB 1005 - Superintendent of Public Instruction
TUESDAY
House Education - 8:30 a.m. ET, House Chamber
SB 61 - School Resource Officers
SB 108 - Education Matters
SB 182 - Superintendent Contracts
SB 355 - Child Abuse Education and Policies
SB 498 - Teacher Compensation
WEDNESDAY
Senate Education - 1:30 p.m. ET, Senate Chamber
HB 1003 - Student Assessments
HB 1382 - Charter Schools
HB 1383 - Elementary School Teachers
HB 1384 - Various Education Matters
HB 1386 - Competency Based Education
HB 1449 - Teacher Induction Pilot Program
THURSDAY
SENATE APPROPRIATIONS - 9 a.m. ET, Rm. 431
HB 1001 - State Biennial Budget