LEGISLATIVE NEWSLETTER

January 23, 2009

SCHOOL BOARD AUTHORITY UNDER ATTACK

Bills to limit—or in some cases remove—school boards’ authority have come in at a disturbing pace this Session. Areas under attack include taxing authority, setting school budgets, arbitration for grievances, discharge of teachers, setting policy stricter than law, and requiring collective bargaining for ALL school employees.

These bills which inhibit boards’ policy and management rights are in addition to bills mandating specific courses, requiring hiring of new staff, and limiting potential revenue for schools. If we thought that the Commission bill and property tax relief were going to be our only focus this Session, we were mistaken.

It will take active participation of all school board members to push back this effort to reduce board authority in so many areas. We are devoting this week’s newsletter to explaining these bills. Please read them and communicate quickly with your legislators to express the impact on your board and school district.

HB1454 requires school boards (and all political subdivisions) to adopt a preliminary budget by April 20 of each year and publish the budget in the official newspaper at least once a week for two weeks before April 30. Citizens can require the budget be put to a vote of the people by submitting a petition to that effect containing signatures of qualified electors equal to at least 10 percent of the total vote cast in the school district during the previous election for governor. If a majority does not approve the budget, the district cannot adopt a final budget of more than the previous year’s mill rate times current valuation.

People proposing this onerous referral process do not understand the budgeting process or timing for school boards. Nor are they aware of such things as nonrenewal deadlines. Board members must be firm with their legislators about the devastating effect this bill would have on school districts.

HB1519 prevents the administration and/or school board from making final determination regarding grievances. The bill requires that EVERY negotiated agreement in the state include a grievance procedure that provides for compulsory binding arbitration of any grievance. This means that if a teacher has a grievance relating to application of any part of his/her contract, an outside arbiter will make the determination and tell the school board what they have to do. This arbiter is not the employer, not elected, and has no accountability to the people of your district.

Expecting school boards to go to binding arbitration over every grievance is ridiculous. Please let your legislators know this an unacceptable elimination of management rights.

SB2289 prohibits any school board from expanding, through policy, the definition of corporal punishment beyond that provided in 15.1-19-02. We believe this means that if a district initiates discharge of a teacher based on corporal punishment, they must prove the pain inflicted was “willfully” caused. This is a difficult standard, but the board may be able to initiate discharge based on one of the other seven reasons allowed by law.

The more troubling section of SB2289 requires that a district’s corporal punishment policy must be identical at elementary, middle, and high school levels. They may vary among the levels, but must be identical within the levels. The bill goes on to require that the policy must be “consistently” applied. We believe having such language in law would prohibit administrators’ honest evaluation of each incident.

School boards are put in the sensitive position of having to weigh student safety and well-being against a teacher’s career. This is a difficult position to be in and must allow each incident to be evaluated. The word “consistent” is troublesome in a legal sense and could increase districts’ liability. Schools are already in a position to be sued by the discharged employee and sued by parents if no action is taken.

SB2357 eliminates board authority to discharge a teacher, principal, or assistant superintendent. If the school board contemplates discharge for cause, they must petition the North Dakota Office of Administrative Hearings to appoint an administrative law judge to preside over the hearing and to make the final determination whether the board can discharge the teacher.

Simply put, school boards would no longer have authority to discharge any teacher. Boards would be completely eliminated from this final personnel decision. This is an attack on the integrity of school boards and on one of the most vital rights of employers—to discharge employees.

Employees have always had the right to sue the board for wrongful discharge. To put a system in place that requires school boards to relinquish their employer rights and pay for this expensive legal process goes far beyond what other employers in the state are required to do.

If you believe school boards must have authority over hiring and firing, firmly communicate that to your legislators.

NDSBA needs your help in spreading the word to legislators that these bills diminish board authority to such an extent that boards’ rights as an employer are unduly compromised.

This past week the Senate Education Committee gave the compulsory kindergarten bill (SB2202) a 5-0 DO PASS and it has been sent to Senate Appropriation. SB2183, which eliminated the hearing process for superintendent nonrenewals, was given a DO NOT PASS recommendation by committee.

The Governor’s property tax reduction bill (SB2199) received a favorable hearing with no opposition. NDSBA supported the bill but requested an amendment to a section that requires all unlimited and excess levies go back to the voters at least every 10 years. The language is also in current law and is problematic in that there is nothing that explains what levy a district must return to if voters disapprove the current levy level. We will continue to work with the committee on acceptable language.

SB1400 (Commission bill) will be heard most of the day on Monday, January 26.

This Session is shaping up to be more challenging than anyone thought, so please be informed and develop a good working relationship with your legislators.

Everyone has access to bill topics and texts, hearing schedules, and bill status reports at the Legislature’s Web site. NDSBA’s Web site includes this weekly Legislative Newsletter, hearing schedules for the upcoming week, and the list of bills NDSBA is tracking. Updated information will be posted Thursday or Friday each week depending on when information becomes available.

ADDITIONAL INFORMATION:

ND State Web site: www.nd.gov

ND Legislative Information Web site: www.legis.nd.gov

Legislature Toll Free # 1-888-635-3447

Bismarck Legislative # 328-3373