May 2, 2011
HB 1017: A Good Bill

By Susan Turk

May 2, 2011—St. Louis—Thanks to State Representative Jeanette Mott Oxford (D-St. Louis), HB 1017 has been filed. HB 1017 revises RSMo162.1100, the statute which created and defines the transitional school district governed by the special administrative board (SAB). The transitional school district was superimposed onto the St. Louis City school district when accreditation was “stolen” from us in 2007. Strange as it may seem, there are two school districts in the City of St. Louis. The school district managed by the Board of Education lost the authority to govern the district when accreditation was yanked, but the board still has auditing and reporting powers established by state law. That is why we continue to elect school board members. When the transitional district is dissolved or terminated, the elected board is supposed to return to power. But state law is not precise about how that would happen. HB 1017 spells out specifically how the elected board returns.

There are different categories of school districts based on the size of their school boards and the population they serve. As currently worded, RSMo162.1100 applies law applicable to seven member school districts to the SLPS transitional school district. The elected Board of Education operates under laws applicable to the category of metropolitan school districts. The difference is that metropolitan schools districts are required to uphold tenure laws. Seven member districts are not. When the Board of Education filed a lawsuit to have the stripping of accreditation overturned, AFT St. Louis Local 420 filed a friend of the court brief in support for this reason. HB 1017 makes the transitional school district a metropolitan school district.

It revises the responsibilities of the transitional district from winding down from the supervision of the federal courts under desegregation to transferring power from an appointed governing board to an elected governing board.

It changes the composition of the SAB. It would become a 5 member board instead of a 3 member board by adding the CEO appointed by the governor rather than removing the board of education’s appointee and replacing him or her with the governor’s appointee. It also removes language supplying a salary for the CEO and conferring the powers of the superintendent of schools to the CEO. The fifth SAB member would be a member of the elected board of education to be chosen by the elected board to serve as a voting member of the SAB. It would provide for “the seamless transition of information between the two boards” and give the voters a voice on the SAB.

It alters the powers and duties of the special administrative board. The power to explore alternative forms of governance is removed and replaced with the power to explore alternative forms of education.

It removes the authority to contract with nonprofit corporations to provide for the operation of the schools and adds the authority to contract with nonprofit corporations and governmental agencies for additional services for the children enrolled in the district.

It removes the authority of any governing body approving tax abatements or tax increment financing agreements (TIFs) for property or sales taxes in the area covered by the school district from including the school district’s portion of tax dollars in the agreement. This would increase funding for the school district.

It dissolves the transitional district on July 1, 2012. It gives the governor the power to “terminate” the transitional district at any time he/she determines it to have accomplished the purpose for which it was established. Currently only the state board of ed has that authority. It adds the ability to terminate the transitional district “if it is not performing up to state standards”.

It removes the state board of education’s authority to reestablish the transitional district. Instead it gives the voters of the school district the authority to terminate or reestablish it through a local petition process and a vote within the district providing for cause for termination that “the district is no longer a desired form of governance.”

It terminates the transitional district “within 30 days” if the Department of Elementary and Secondary Education determines, “that the district qualifies for any status other than unaccredited as judged by state standards.” In other words, once we become provisionally accredited again, the elected board of education would regain governing power over the district.

In order to enable to elected board to fulfill their auditing and reporting powers, it provides for funding and “unfettered access” to all records. It also allows the elected board to hold meetings in any district building. They have been barred from meeting in the administration building since the SAB took control on June 15, 2007.

This bill cleans up some of the ambiguity in the current law. The language specifying that the elected board return once the SLPS is provisionally accredited in vitally important. The current law leaves the decision to dissolve the transitional district at the discretion of the state board of ed. The language protecting the SLPS from further loss of tax dollars from abatements and TIFs is vitally important to secure adequate funding for our schools. The language putting the decision to end the transitional district in the hands of city voters is vitally important in reestablishing the democratic foundation of our public education system.

There are barely two weeks left in the legislative session. This bill needs a hearing to be considered on the floor. Currently, it is not on the schedule to be heard. For there to be any chance of the bill to pass, the house education committee has to meet and hear it. Even amending it to another bill would be impossible unless it is first heard. It is not too late to do this. To get a hearing scheduled, contact House Education Committee Chair Scott Dieckhaus at 573-751-0538. You have to phone. He does not accept emails from outside of his district which is in St. Charles and Franklin counties. The more phone calls he gets, the better.

If you have time for a second phone call, please thank Jeanette Mott Oxford.


Calendar

May 5, Thursday, regular bi-monthly SAB meeting, 6 p.m., 801 North 11th Street, room 108.

The public is given time to address the SAB at all meetings.  To speak, arrive before 6 p.m. and sign the sheet at the rostrum at the front of the room on the right.

May 9, Monday, Public Forum on Creating Great Options, Dr. Adams’ plan and budget for the 2011-12 school year, 6:30 p.m., Vashon HS, 3035 Cass Avenue

May  10, Tuesday, regular monthly meeting of the Board of Education, 7 p.m., Carr Lane VPA Middle School, 1004 N. Jefferson, dance studio. The public is given time to address the SAB at all meetings.  To speak, arrive before 7 p.m. and sign the sheet at the rostrum at the front of the room.

May 26, Thursday, regular bi-monthly SAB meeting, 6 p.m., 801 North 11th Street, room 108. The public is given time to address the SAB at all meetings.  To speak, arrive before 6 p.m. and sign the sheet at the rostrum at the front of the room on the right.


Please note, The Schools Watch has a new mailing address, P.O. Box 1983, St. Louis, MO 63118. Our email address continues to be SLS_Watch@yahoo.com


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