SEA Advocacy Alert - Collective Bargaining & State Budget

SEA Advocacy Alert – December 10, 2009

Topic: Collective Bargaining Under Attack!

(And the State Budget isn’t looking good, either.)

Dear SEA Members,

Where to begin? It has been a challenging week for public education. This is a rather long Alert, and it contains important information, so please bear with me.

Collective Bargaining Under Attack – Action Needed!

As mentioned in this week’s SEA President’s Report, our right to negotiate local contracts is under attack. While bargaining can be challenging, stop for a moment to think about what it would be like if SEA were no longer able to negotiate with the District.  If, instead, local school boards and superintendents decided on the work we must do, but negotiations were done on a statewide level.

If all school districts were the same - or if we had one statewide school district - that would probably make sense. But every district is different, operated by a different School Board and Superintendent, and with students whose needs are different. WE VALUE LOCAL CONTROL OF OUR SCHOOL DISTRICTS, AND WE VALUE LOCAL COLLECTIVE BARGAINING. What would statewide collective bargaining look like?  There is no specific proposal, but it could likely mean:

• Top-down dictates on everything-- an increased bureaucratization of our schools as we would be forced to comply with more State-imposed rules.  An elimination or reduction of creative local responses to local questions and problems.
• No ability to impact local working conditions:  hours of work, curriculum, duties, class sizes, calendar, professional development, shared decision-making.
• No ability to ensure that educators in more expensive areas get higher salaries via our TRI pay.   Although this could be negotiated statewide, there is no assurance that it would be.

One attack on local bargaining came from the State Board of Education (SBE). For three years, the Board has been working on a bill that would allow the state to intervene in chronically low-performing schools. Under current proposals, the SBE plan would allow the state to override local collective bargaining and prevent our members from having a voice in important decisions about their schools. As you know, we support efforts to turn around struggling schools and believe that for intervention programs to be successful, school staff must be included in the decision-making process.  Please click here to send an email to urge SBE members to protect local decision-making and collective bargaining as they draft school accountability legislation.

Another attack came from the Quality Education Council (QEC), which was authorized by HB 2261 to oversee its enactment. QEC members passed a surprise amendment last Tuesday that could completely eliminate our right to bargain locally if it is passed by the Legislature. It suggests: “Examine transferring local collective bargaining to the state, including all matters pertaining to compensation, benefits, and employment terms and conditions.”

We are thankful to Representatives Sullivan, Maxwell, Priest and Dammeier for voting against this amendment.  However, the following political leaders voted in favor of the amendment and against the bargaining rights of all K-12 employees, not just teachers:

• Randy Dorn, Superintendent of Public Instruction
• Mary Jean Ryan, State Board of Education Chair
• Stephen Rushing, Professional Educator Standards Board Chair
• Jane Gutting, ESD 105 Superintendent
• Bette Hyde, Department of Early Learning Director
• Senator Curtis King, 14th District
• Senator Joseph Zarelli, 18th District
• Senator Eric Oemig, 45th District

     

On December 15 – next Tuesday, the QEC is scheduled to vote on its draft final report. We must urge these leaders to remove this amendment from their final report. Please send an email from your home computer and email address no later than this weekend to express your support for local collective bargaining. Just cut and paste the list of addresses below into your “To” line. The email will go to all members of the QEC for whom I have email addresses. A few talking points are:

• “Local collective bargaining is essential to the ability of schools, school districts, and employees to collaborate and create local solutions to local issues.”  
• Give an example of something in our contract that is beneficial to your students (a great example might be High-Impact/Inclusion funds and how your school uses them).
• “Please do not vote to eliminate local collective bargaining!”

Here’s the list:

chopp.frank@leg.wa.gov; sullivan.pat@leg.wa.gov; priest.skip@leg.wa.gov; dammeier.bruce@leg.wa.gov; king.curtis@leg.wa.gov; oemig.eric@leg.wa.gov; zarelli.joseph@leg.wa.gov; mcauliffe.rosemary@leg.wa.gov; maxwell.marcie@leg.wa.gov; jane.gutting@esd105.org. MaryJean.Ryan@Seattle.Gov; sbe.ryan@k12.wa.us; bette.hyde@del.wa.gov; Randy.Dorn@k12.wa.us

State Budget – Action Needed!

The Governor released her draft supplemental state budget yesterday, and as expected, it was grim.  It proposes $408 million in cuts to K-12 education and another $370 million to Higher Education. On the chopping block are: the remaining I-728 funds, K-4 staff enhancement/class size reduction funding, the remaining Learning Improvement Day, levy equalization, and highly capable/gifted funding, among others. Human Services was also slashed by $850 million, which would affect many of our students and families.

The Governor was clear that she only presented this budget because by law she is required to propose a balanced budget that contains no additional revenue. However, this budget, if enacted, would be devastating to public education and result in the loss of thousands of educator jobs. Please send a message before winter break to the Governor and our State Legislators, urging them to find revenue solutions in order to avoid these damaging cuts!

And finally….

I know this is asking you to send three emails, and that is a lot – but there is a lot at stake!

Please be sure to send the QEC email right away – no later than this weekend.

The SBE and state budget emails can be done any time over the next week or so.

As always, please let me know if you have any questions, and thanks for all you do to advocate for yourselves, your colleagues, and your students!

Elizabeth

P.S. – Remember that all political advocacy must be done on your own time, using your own computer and home email address. I know you know this, but a reminder never hurts.

--

Elizabeth Beck

President, Shoreline Education Association

Vote YES for Shoreline Schools!

SEA President's Report 12.8.09

SEA President’s Report

December 8, 2009

Archived issues of this Report and other information about the Shoreline Education Association can be found at: http://shorelineea.blogspot.com/

In this issue….

Education News: Collective Bargaining Under Attack, School Board Reorganization

Your Membership: SEA & WEA Elections Information Cont’d

Know Your Contract: Student Discipline – Revision

On a Personal Note: WEA Legislative Priorities

Education News

** WEA members’ collective bargaining rights are currently under attack in Olympia! Members of the Quality Education Council (QEC), which was authorized by HB 2261, passed a surprise amendment last Tuesday that could eliminate our right to bargain locally if it is passed by the Legislature. It suggests: “Examine transferring local collective bargaining to the state, including all matters pertaining to compensation, benefits, and employment terms and conditions.” (Section 11 of this document) The QEC will be voting on recommendations to the Legislature on Dec. 15. WEA members and staff are advocating for the QEC to reconsider its vote and to remove this amendment from its final recommendations.

The State Board of Education (SBE) is also considering legislation that could eliminate or weaken our members’ collective bargaining rights. For three years, the Board has been working on a bill that would allow the state to intervene in chronically low-performing schools. Under current proposals, the SBE plan would allow the state to override local collective bargaining and prevent our members from having a voice in important decisions about their schools. Clearly, educators support efforts to turn around struggling schools. We understand and accept the need to have a “required action” for some schools that are in the greatest need -- as long as it means a positive, assistance-based approach that is collaborative and respectful of both the district’s local control and the collective bargaining process. If there is a jointly determined need to alter portions of any collective bargaining agreement, contracts should be reopened for that purpose. If the parties do not come to agreement after a reasonable period of time, they should be required to engage in mediation through the Public Employment Relations Commission. The SBE will be finalizing its proposal to the Legislature soon. WEA members and staff are advocating for the SBE to honor and respect local decision-making and to protect collective bargaining in its final proposal. To make intervention programs successful, school staff must be included in this process.

Please stay tuned for further updates, and watch your home email for an SEA Advocacy Alert later this week!

** At last night’s School Board meeting, Debi Ehrlichman and David Wilson were sworn in for new four-year terms as Directors. In addition, Board members voted on new officers for the next two years. They are:

• Shoreline School Board President – David Wilson
• Shoreline School Board Vice-President – Maren Norton
• Shoreline School Board Legislative Representative – Mike Jacobs

Your Membership

Nominations for SEA and WEA leadership positions are now open. Some are for a single year’s duration, while others are multi-year terms. Please consider participating and being an advocate for your colleagues!  

The following local SEA positions are open for nominations through December 17. If you did not receive a nomination form last week, you can ask your SEA Building Rep, or download one yourself. Access the nomination form for WEA RA here, the one for NEA RA here, and the one for SEA Officer & Executive Board positions here.

SEA positions:

• SEA President for the 2010-2012 school years – Calls for and presides at all SEA meetings, manages Association financial matters, business affairs, and professional activities, appoints committee members and bargainers with the approval of the SEA Executive Board and Representative Council, assists with bargaining and contract enforcement, represents SEA members in meetings of various types at the local, state, and national level, communicates regularly with SEA members and the community, and performs other duties as needed and/or as described in the SEA Bylaws.
• SEA Vice-President for the 2010-2012 school years – Serves as a member of the SEA Executive Board and Rep. Council, assists the SEA President with Association financial matters, assists the SEA President with other duties as needed and/or as described in the SEA Bylaws, and assumes the position of President if the President is unable to fulfill the term of office.
• SEA Secretary for the 2010-2012 school years – Serves as a member of the SEA Executive Board and Rep. Council, keeps records of all SEA meetings, and assists the SEA President with other duties as needed.
• SEA Member-at-Large (2) for the 2010-2012 school years – Serves on the SEA Executive Board and Rep. Council for two years, doing their best to represent the variety of interests and perspectives of SEA members at large.
• SEA Delegate to the 2010 WEA Representative Assembly (8) – Represents SEA members at the WEA-RA to debate and decide upon Association policies and programs, making sure that WEA is representing the needs of our members.
• SEA Delegate to the 2010 NEA Representative Assembly (2) - Represents SEA members at the NEA-RA, including the WEA Caucus, to debate and decide upon Association policies and programs, making sure that WEA and NEA are representing the needs of our members.

Just a reminder that nominations for the following WEA positions close next Monday, December 14th. Your SEA Building Rep has nomination packets, if you are interested. (Keep in mind that there is considerable legwork to be done in becoming a candidate for these positions, so don’t delay, if you are thinking about it.)

• WEA Cascade UniServ Council Director to the WEA Board for the 2010-2012 school years (2)
• WEA Cascade State Delegate to the NEA Representative Assembly for 2010 & 2011
• NEA State Director for the 2010-2013 school years

Know Your Contract

In last week’s section on student discipline, a reference was made to the ‘two-day exclusion’ law and how it relates to students on an IEP. Because each IEP is unique, and involves many variables, there may be instances when the 10-day limitation applies to a student on an academic IEP, as well as a behavior one.  To ensure that you are protected and following all state and federal laws, we suggest that you check in with your building administrator when exercising this law involves students on an IEP. The following section from last week’s SEA President’s Report has been modified to reflect this (modification shown in red).

You have the right to exclude disruptive students from your classroom for the remainder of the day and up to the following two days for EACH disruptive event.  The purpose of this law is for you to have a tool to protect the learning environment for the other students in your class.  Under the law, you must have tried other interventions first (except for emergency situations), but those interventions could have occurred on prior days.  The student cannot be returned to your class until you and your administrator have met to discuss how to deal with the behavior or you have consented to the student’s return (whichever occurs first). (RCW 28A.600.020)

If and when you use this tool, be sure to inform your administrator that you are exercising the "two-day exclusion law" so that it's clearly understood what you're doing.  There is no limit as to the number of times you use this exclusion, except for some students on an IEP.  Due to the number of complex variables in special education laws and each individual student’s IEP, you should confer with your administrator to ensure you are following federal laws regarding specific rights and procedures that must be followed for students on IEPs.  Important note:  Under no circumstances can any disruptive student be returned to your room prior to the end of the class period, unless you have given your permission.  (RCW 28A.600.020)"

As always, if you need any assistance in exercising your rights under our contract and/or the law, be sure to contact the SEA office (425-486-7101, ext. 102 or 113) or send an email to Elizabeth Beck or Donna Lurie.

On a Personal Note… As you may know, the Washington Legislature will face a projected $2.6 billion dollar state budget deficit in the upcoming session, which begins on January 11. Governor Gregoire is scheduled to release her draft budget this week, and I suspect it will not be pretty – by law, the Governor is required to present a balanced draft budget based on current revenue. However, as educators, we know that an all-cuts budget must not be the solution. Public education cannot sustain further dramatic cuts after the $2 billion slashed last year. How could we possibly meet our students’ needs? WEA members, leaders, and staff are calling on Gov. Gregoire and the Legislature to find revenue solutions, as well. Please take a moment (on non-contract time) to read through the WEA 2010 Legislative Goals, and please be ready to act when you receive SEA Advocacy Alerts later this winter! Thanks for all you do!  --- Elizabeth

Coming Up

SEA Rep. Council/Exec. Board Joint Meeting: Thursday, 12/10/09, 3:45 – 6:00 PM, Alumni Room, SLC

SEA Executive Board Meeting: Thursday, 1/7/10, 4:15 – 6:00 PM, Alumni Room, SLC

Shoreline School Board Meeting: Monday, 1/11/10, 7:00 PM, Board Room, SLC

SEA President's Report 12.1.09

SEA President’s Report

December 1, 2009

Archived issues of this Report and other information about the Shoreline Education Association can be found at: http://shorelineea.blogspot.com/

In this issue….

Education News: WEA Cascade Newsletter

Your Membership: SEA & WEA Elections Information

Know Your Contract: Student Discipline – What You Need to Know

On a Personal Note: Serving as a WEA RA Delegate

Education News

The latest edition of the WEA Cascade UniServ Council Newsletter is now online. Highlights include a review of the NEWS lawsuit and a description of WEA’s new strategic direction. Please take a few moments to check it out!

Your Membership

Nominations for SEA and WEA leadership positions are now open. Some are for a single year’s duration, while others are multi-year terms. Please consider participating and being an advocate for your colleagues!

SEA Building Reps received nomination packets for WEA positions at our November Rep. Council meeting; please see your SEA Rep if you are interested. Nominations for these positions close on December 14. They are Council and State level positions. The first two will be voted on by WEA Cascade members (remember that this is Shoreline, Northshore, and Edmonds); NEA State Directors are elected by delegates to the WEA Rep. Assembly (RA) in May.      

WEA positions:

• WEA Cascade UniServ Council Director to the WEA Board for the 2010-2012 school years (2) – Members elected to these positions represent WEA Cascade on the WEA Board of Directors, which meets several times a year at WEA Headquarters to help administer decisions made by the WEA RA, and participate in critical decisions related to Association policy.
• WEA Cascade State Delegate to the NEA Representative Assembly for 2010 & 2011 - Members elected to these positions serve a two year term representing all members of the WEA at the NEA RA.  
• NEA State Director for the 2010-2013 school years – Nominations for this position actually close on the floor of the WEA RA this spring, but candidates wishing to be included in a special WEA mailer must return forms by the Dec. 14 deadline. NEA State Directors serve three-year terms on the NEA Board of Directors, which meets several times a year in Washington, D.C. to help administer decisions made by the NEA RA, and participate in critical decisions related to Association policy.

The following local SEA positions are also open, to be voted on by SEA members. SEA Building Reps received nomination forms for these today via District mail, and will distribute them to members immediately. Nominations for the following positions will close on December 17th. See next week’s SEA President’s Report for more detailed descriptions!

SEA positions:

• SEA President for the 2010-2012 school years
• SEA Vice-president for the 2010-2012 school years
• SEA Secretary for the 2010-2012 school years
• SEA Member-at-Large (2) for the 2010-2012 school years
• SEA Delegate to the 2010 WEA Representative Assembly (8)
• SEA Delegate to the 2010 NEA Representative Assembly (2)

Know Your Contract

One area about which we receive many questions is student discipline.  We thought we’d put together this list of items for you so that you will be more informed about what the law and our contract say about disciplining students. (Many thanks to Donna Lurie for her help with this article!)

You must be notified of students who have exhibited, or have a history of, violent, deviant or threatening behavior that pose a safety concern for students or staff.  These students must be identified to the student’s assigned staff and to other staff members who have a need to know (such as librarians, counselors, or specialists who have contact with the student) prior to the student being assigned to certificated staff.  (SEA Contract Section 9.5, RCW 28A.225.330)

You must be informed of your specific responsibilities relating to a student’s IEP or 504 Plan in a timely manner.  (SEA Contract Section 9.6)

You have the right to exclude disruptive students from your classroom for the remainder of the day and up to the following two days for EACH disruptive event.  The purpose of this law is for you to have a tool to protect the learning environment for the other students in your class.  Under the law, you must have tried other interventions first (except for emergency situations), but those interventions could have occurred on prior days.  The student cannot be returned to your class until you and your administrator have met to discuss how to deal with the behavior or you have consented to the student’s return (whichever occurs first). (RCW 28A.600.020)

If and when you use this tool, be sure to inform your administrator that you are exercising the “two-day exclusion law” so that it’s clearly understood what you’re doing.  There is no limit as to the number of times you use this exclusion, except for students on a behavior IEP.  If the student has an IEP for behavior (not just an academic IEP), then you are limited to excluding him/her for up to 10 days per year.  Important note:  Under no circumstances can any disruptive student be returned to your room prior to the end of the class period, unless you have given your permission.  (RCW 28A.600.020)

For any classroom discipline resulting in a long-term suspension, expulsion or emergency expulsion, administrators must notify the teacher of any due process hearing, provide the teacher with an opportunity to submit a written statement explaining the student’s impact on the classroom, notify the teacher of the outcome of the due process hearing, and notify the teacher of the student’s return prior to that return.  (SEA Contract Section 9.7, RCW 28A.600.020)

A student committing an offense such as an assault, malicious harassment, malicious mischief, or other crimes against a teacher shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned.  (RCW 28A.600.460)

You have the right to report a student to the police if that student has threatened or assaulted you.  Just because you are a teacher, you do not give up your rights under the law as a citizen.

You have the right to obtain an anti-harassment protection order against a student (or a student’s parent) if those individuals engage in a series of actions that are abusive; threatening; seriously alarm, annoy, or harass; or would cause a reasonable person to suffer substantial emotional distress.  (RCW 10.14.020)

As always, if you need any assistance in exercising your rights under our contract and/or the law, be sure to contact the SEA office (425-486-7101, ext. 102 or 113) or send an email to Elizabeth Beck or Donna Lurie.

On a Personal Note… I really do hope that you will consider taking on a new (or additional) role in our Association this coming year by nominating yourself for one of the leadership opportunities mentioned above (in the Your Membership section). Serving as a delegate to the WEA Representative Assembly, for example, is something that I believe every SEA member should do at least once. It’s a great opportunity to represent your Shoreline colleagues to our state Association, plus it’s interesting and fun! (Admittedly, in a somewhat geeky kind of way. J ) More details about the responsibilities of these positions will be in next week’s Report, but if you are curious to see what WEA RA is all about, you can read more on the WEA website or watch this short video of an RA a few years ago. Also, reflections from some of last year’s delegates are included in this archived issue of the SEA President’s Report. Thanks for all you do! --- Elizabeth

Coming Up

Shoreline School Board Meeting: Monday, 12/7/09, 7:00 PM, Board Room, SLC

SEA Rep. Council/Exec. Board Joint Meeting: Thursday, 12/10/09, 3:45 – 6:00 PM, Alumni Room, SLC

SEA Executive Board Meeting: Thursday, 1/7/10, 4:15 – 6:00 PM, Alumni Room, SLC