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Huge school regulations bill should be sent to summer study committee
01/31/2015

 

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SB 500
is at times a deregulation bill, at times a new regulation bill and according to the author, Sen. Pete Miller (R-Avon), about 44 percent of the time it constitutes a complete set of public policy changes. Make no mistake, SB 500 is not just deregulation.

 

ACTION: Please contact the members of the Senate Education Committee and urge them to move SB 500 to a summer study committee where it belongs—to enable all interested parties the opportunity to be heard. The bill is too long, too sweeping, and too one-sided in its view of what constitutes deregulation to be voted out after essentially only a few minutes of public comment.

 

The 306 pages of changes/deletions/additions to the Indiana Code was drafted on behalf of more than 25 school districts seeking fewer bureaucratic mandates. While the bill does reduce some antiquated and obsolete language, it goes beyond that—eliminating a multitude of programs and rules that were enacted for a reason—based upon problems affecting real people—be they school employees, parents, taxpayers or students.

 

The most troubling part gives the State Board of Education (SOBE) authority to waive any rule or state law at the request of the school district. Including:

  • collective bargaining
  • discussion
  • due process
  • the 30-minute duty free lunch
  • all employee leaves
  • the protection of teacher identity
  • data controls
  • criminal statutes
  • public door and open records laws
  • election laws
  • construction and bidding procedures

Any other rule or statute of any kind impacting public schools, the SBOE could also elect to waive. ISTA testified that this sweeping provision raised constitutional questions—under the theory of improper delegation of the legislature’s authority to another branch of government.

 

From a public, parental and taxpayer protection standpoint, this expansive bill:

  • removes laws calling for:
    • safe school committees
    • zero tolerance policies for alcohol
    • tobacco, drugs and weapons on school property
    • bullying prevention
    • care for students with diabetes
    • seclusion and restraint interventions
    • CPR training
    • reporting of threats and battery of school staff
  • reporting children left on school buses
  • makes state accreditation voluntary
  • fundamentally changes the minimum 180-day school year to the equivalent in instructional minutes

From an educator standpoint, SB 500:

  • enables a superintendent to suspend a teacher without pay
  • repeals the uniform state teacher contract. NOTE: Remember when ISTA won in court the right to have hours and days included in the contact? This repeal would enable a member’s contract to call for a minimum number of hours—thereby giving  members no protection nor compensation for hours above the minimum
  • amends the law to enable administrators to RIF teachers at any time
  • repeals the requirement that school bus drivers be employed through a written contract reducing their protections

The list of people testifying against SB 500 was lengthy and included advocates who supported many of the programs sought to be repealed. ISTA opposed the bill as well and called for the idea of deregulation to be a subject of a summer study committee. Arguing that too few people have been able to weigh in on a bill of this magnitude and that it is not just deregulation but re-regulation, ISTA emphasized that the proper forum for SB 500 rests in a summer study where all stakeholders are given a fair and transparent opportunity to make their case.

 

Chairman Dennis Kruse (R-Auburn) charged Sen. Pete Miller with working with those who have concerns and suggested that SB 500 will again be scheduled for Wednesday, Feb. 4 for further consideration with amendments.

 

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