Tuesday, May 29, 2012

MCEA President Doug Prouty responds to The Washington Post


MCEA President Doug Prouty submitted the following response to The Washington Post regarding their recent editorial about the proposed contract settlement between MCEA and the BOE:

The Post’s editorial “Teachers over Students” (5/25/12) displays the Post Editorial Board’s antiquated thinking about two important aspects of the Montgomery County Public Schools, its budget, and the work of the system and its employees:  the first erroneous thought is that unions and management cannot work together productively to increase student achievement and the second is that short term budget gimmicks are preferable to realistic long term planning.

The fact is that the three employee unions and the school system work together on all important matters.  The collaboration between the employees and the system is so well regarded by the US Department of Education that we were invited to present to over 300 other systems at a DoEd conference on collaboration for the second year in a row.  The Post itself ran a front page story on this collaboration and the positive effect it has for our students on March 10, 2012.  But the editorial board seems to know better- so much so that they say with absolute certainty how we conduct our bargaining, despite the fact that they have no firsthand knowledge of the bargaining process, or the MCPS budget process.  They don’t even bother to ask.  Their fallback assumption is that the union is bad- especially if it is a teachers’ union.  This is true even when the Montgomery County Education Association is the partner with MCPS in a nationally recognized Peer Assistance and Review program, which has been a successful partnership focusing on the quality of instruction for over 12 years.  How do we know this?  Numerous systems from around the country visit to learn about this program, which provides both specific and timely feedback on practice and structured support to address areas of concern.  The Harvard School of Education website about PAR programs features MCPS and MCEA.  There was also the front page story published by the Post on June 9, 2009.  The story focused on a tenured teacher who improved her craft through hard work and the assistance of the PAR program.

In addition, the editorial board falls all over itself to credit teachers as being hard working, dedicated, and deserving of a raise- but not too much of one, apparently.  The Post editorial board prefers budget gimmicks such as bonuses and furloughs- which just kick the can down the road for a year.  Either the employees of MCPS and the county government deserve a raise, or they don’t.  If they do, then pretending a onetime bonus is a solution while ignoring the 4.7% increase in the county government budget, as opposed to the 2.2% increase for MCPS, reveals an anti-union and anti-employee bias.  The fact is that increasing the budget, no matter how the money is spent, inherently sets up the following year for either sustaining that spending level or making cuts.  MCPS has, in partnership with its unions, made a commitment to its employees and its students.  Education is a people business and the Superintendent and Board of Education recognized that now is the time to provide stability and a sign of a reciprocal commitment to the people who educate our students, who oversee high achieving schools, who drive the students to school each day, fix their lunches, and keep the schools clean.  If increasing the budget is not affordable, as the editorial board contests, then we should expect to see future editorials blasting the increase in the county budget, in the budget in Fairfax County (an 8% increase for the school system), and the budget in Prince George’s county (a 3.1% increase in the school system budget).  If increased spending is the issue, why single out MCPS?  If paying teachers a decent wage is the issue, we should expect to see an editorial about the starting salaries in the District of Columbia Public schools, which are higher than those in MCPS.

At the end of the day, it is the work the members of the three associations and MCPS have done together for more than a decade that has made the school system one of the best in the country.  The editorial board can go on writing negative editorials about the teachers’ union in Montgomery County- the most recent one makes half a dozen in the past three years- but we will continue to do what is right for the educators, schools, and students in MCPS.

Doug Prouty, Rockville
President, MCEA

Dr. Starr responds to the Post


http://www.washingtonpost.com/opinions/the-wisdom-of-rewarding-montgomerys-school-employees/2012/05/27/gJQACEH1uU_print.html

The wisdom of rewarding Montgomery’s school employees

Published: May 27
The Post made the wrongheaded claim that by giving our employees well-deserved compensation increases, Montgomery County Public Schools (MCPS) is choosing “teachers over students” [editorial, May 25]. What The Post doesn’t understand is that an investment in our employees is an investment in our students.
Smaller class sizes, technology and new resources are important, but anyone who has worked in or around public education knows that it’s the people who make a difference. A well-trained, motivated teacher makes the biggest impact on the quality of education a student receives. An outstanding building leader can turn around a struggling school and make a good school great. An engaged and committed support staff bolsters instruction and makes sure that nothing distracts us from our mission.

Our parents understand the direct connection between the quality of our people and the quality of our school system. During public hearings on the budget, our parents repeatedly asked county leaders to recognize our employees by giving them their first pay increase in two or three years.

In its editorial, The Post ignored some important facts about MCPS.
The piece focused on the size of the salary increase that most of our teachers will receive over two years, yet the average increase for all district employees in that time will be below 5 percent. The Post didn’t mention that a large number of our employees work in supporting services. The hours of thousands of these hardworking people have been cut the past few years, and they earn significantly less than the county’s median income. Consider that our bus operators earn about $30,000 a year, on average. Even with their raises — which for many will be no more than 2 percent — they are far from catching up.

The Post clearly considers the relationship between MCPS, the Board of Education and its employee associations something that hurts our taxpayers and our schools. Nothing could be further from the truth.
Our Professional Growth System, administered by our associations, is held up as a national model for improving performance and eliminating mediocrity. It is our employees that gave up their cost-of-living and step increases in recent years, saving taxpayers more than $140 million. And it is our employees, with our parents, who have helped make difficult budgetary decisions over the past several years. And even as they have had to do more with less, it is our employees — many of them Montgomery County residents and taxpayers — who have still helped our students achieve unprecedented results.

In fact, that achievement was highlighted in The Post itself this month as MCPS placed five schools in the top 100 of the newspaper’s High School Challenge.

You can’t get these types of returns without making investments.

Ultimately, the investment in our employees is about sustaining the future of the county. If you ask people why they moved to Montgomery County, most will tell you it’s because of the high-quality schools. To sustain this national reputation, we must retain the very people who make our schools the signature element of Montgomery County: our teachers, staff and administrators.

Joshua P. Starr, Rockville
The writer is superintendent of the Montgomery County Public Schools.

Wednesday, May 16, 2012

SPECIAL SESSION UPDATE – DAY #3 (SINE DIE ALL OVER AGAIN)


SPECIAL SESSION UPDATE – DAY #3 (SINE DIE ALL OVER AGAIN)

This time when the General Assembly adjourned, the work to fully fund our schools, and protect critical services and investments had been done.  The third and final day of a scripted and predictable special session concluded with approval from the House of Delegates on the three bills that constituted the budget agreement to avoid the Doomsday Budget cuts.

After another round of debate, the House took final action on the budget bills (review of all three bills below). The budget reconciliation bill passed 86-51* (1 Republican voted YES, and 10 Democrats voted NO.  Four legislators are absent).
The revenue bill passed 77-60* (All Republicans who were present opposed this and were joined by 18 Democrats).
The bond bill passed with some Republican votes, 99-37*.

*We will share official roll call votes in a future update

The bills were identical to legislation approved a day earlier in the Senate, so no further action was required from the upper chamber before the legislation was deemed approved by the General Assembly and moved to the governor.  The Senate convened for a pro-forma session to simply adjourn from the special session.

Upon Sine Die, MSEA issued the following statement:

Statement from MSEA President Clara Floyd on a Successful Special Session
Keeping our schools and state on the path of success requires making hard choices and putting our children first. Thank you to Governor O'Malley and the legislators who stood up, stopped the doomsday budget, and protected Maryland's great schools, vital services, and excellent quality of life.


REVIEW OF BUDGET-RELATED BILLS
Below is a refresher of the three budget-related bills and a summary of the provisions of the total budget package

SB 1301/HB 1801:             Budget Reconciliation and Financing Act of 2012
This is the reconciliation bill that implements fund transfers, the pension sharing arrangement that phases in a shift of employer normal costs over four years, and allows for the full funding of the Geographic Cost of Education Index, which includes $128 million in state aid for education. 

SB 1302/HB 1802:             State and Local Revenue and Financing Act of 2012
The revenue bill includes a tax increase that is targeted to individuals with more than $100K per year and families (joint tax filers) with more than $150K per year in net taxable Maryland income.  The higher tax rates apply only to income in excess of the thresholds.  The Department of Legislative Services reports this impacts 14% of Maryland taxpayers.
o   100k/150k           from 4.75% to 5.00%
o   125k/175k           from 4.75% to 5.25%
o   150k/225k           from 5.00% to 5.50%
o   250k/300k           from 5.00% to 5.75%
o   500k+                    from 5.50% to 5.75%

Revenue package also changes personal exemptions for federal adjusted gross income brackets as follows:
o   100k/150k           Current exemption allowance of $2,400 to $1,600
o   125k/175k           Current of $1,800 to $800
o   150k+/200k+      Personal exemptions eliminated
               
SB 1303/HB 1803:             Creation of a State Debt – Qualified Zone Academy Bonds
This bond bill adds $15 million for school construction bonds.  While it was part of the budget bill that passed the General Assembly, an Attorney General’s ruling advised to pass a clean bill during the special session so there would not be any issues with the delay of implementation of the entire budget.  

Tuesday, May 15, 2012

Special Session Update - Day 2


SPECIAL SESSION UPDATE – DAY #2
After morning floor debate, the Senate took final action on the three budget-related bills (review of all three bills below).
· The budget reconciliation bill passed 33-13 (The 12 Republican senators were joined by Senator Brian Frosh in opposition.)
· The revenue bill passed 27-19 (All Republicans plus Sens. John Astle, Jim Brochin, Roy Dyson, Jim Mathias, Anthony Muse, Norman Stone and Bobby Zirkin opposed. Sen. Kathy Klausmeier was absent today.)
· The bond bill passed without opposition (46-0).
Upon passage, the bills moved to the House of Delegates. The House Appropriations and Ways & Means committees moved the bills to the full House for second reader debate.
The House debate followed a similar script to the Senate debate, in terms of amendments offered and rejected. But there was an attempt by some Democrats who had supported the revenue deal in March, but now wanted to introduce a new approach --- scrap the income tax plan in SB 1302 and replace it with a penny increase in the sales tax. This effort was soundly defeated on a voice vote and the revenue bill remained unchanged and on track.
It remains to be seen, however, if the fracture in taxing approaches puts in jeopardy the ability to pass the revenue bill on third reader tomorrow. The bill in March earned 81 House votes, and needs 71 in order to pass third reader tomorrow.
By the time the House adjourned tonight, they had rejected all 16 amendments offered during the second reader debate and provided preliminary approval of the budget plan --- still in the form as approved in the Senate.

LOOKING AHEAD TO DAY #3
The House is planning to return to session at 10 am on Wednesday, and will take final votes on all three bills. Another round of amendments are expected before the final vote will be taken, so it remains to be seen if any change is made that would require the Senate to take further action. The Senate has preliminary plans to return Wednesday afternoon, if for nothing else, then to adjourn the special session.
We continue to advocate for YES votes on all three pieces of legislation, as part of a budget deal that protects school funding and moves Maryland forward. You can share an email with your legislators, or call their offices through the MSEA Legislative Hotline at 866-268-MSEA.

REVIEW OF BUDGET-RELATED BILLS
Below is a refresher of the three budget-related bills and a summary of the provisions of the total budget package.
· SB 1301/HB 1801: Budget Reconciliation and Financing Act of 2012
This is the reconciliation bill that implements fund transfers, the pension sharing arrangement that phases in a shift of employer normal costs over four years, and allows for the full funding of the Geographic Cost of Education Index, which includes $128 million in state aid for education.
· SB 1302/HB 1802: State and Local Revenue and Financing Act of 2012
The revenue bill includes a tax increase that is targeted to individuals with more than $100K per year and families (joint tax filers) with more than $150K per year in net taxable Maryland income. The higher tax rates apply only to income in excess of the thresholds. The Department of Legislative Services reports this impacts 14% of Maryland taxpayers.
o 100k/150k from 4.75% to 5.00%
o 125k/175k from 4.75% to 5.25%
o 150k/225k from 5.00% to 5.50%
o 250k/300k from 5.00% to 5.75%
o 500k+ from 5.50% to 5.75%
Revenue package also changes personal exemptions for federal adjusted gross income brackets as follows:
o 100k/150k Current exemption allowance of $2,400 to $1,600
o 125k/175k Current of $1,800 to $800
o 150k+/200k+ Personal exemptions eliminated
· SB 1303/HB 1803: Creation of a State Debt – Qualified Zone Academy Bonds
This bond bill adds $15 million for school construction bonds. While it was part of the budget bill that passed the General Assembly, an Attorney General’s ruling advised to pass a clean bill during the special session so there would not be any issues with the delay of implementation of the entire budget.  

SPECIAL SESSION UPDATE – DAY #1


SPECIAL SESSION UPDATE – DAY #1
Governor O’Malley called the General Assembly back for a special session to complete the unfinished budget work from the regular session.  The governor and the presiding officers reached agreement on a series of three bills that would be heard and moved as a part of the budget package to balance the state’s budget, avoid the Doomsday Budget cuts, and protect vital state priorities and services.

The three bills were cross-filed in the House and Senate, and were accompanied by a summary of the provisions of the total budget package.  The three bills include the following:

      SB 1301/HB 1801:             Budget Reconciliation and Financing Act of 2012
This is the reconciliation bill that implements fund transfers, the pension sharing arrangement that phases in a shift of employer normal costs over four years, and allows for the full funding of the Geographic Cost of Education Index, which includes $128 million in state aid for education. 

SB 1302/HB 1802:             State and Local Revenue and Financing Act of 2012
The revenue bill includes a tax increase that is targeted to individuals earning $100k+ per year and families (joint tax filers) earning $150k+ per year.  The governor’s office projects this to impact 16% of Marylanders.
o   100k/150k           from 4.75% to 5.00%
o   125k/175k           from 4.75% to 5.25%
o   150k/225k           from 5.00% to 5.50%
o   250k/300k           from 5.00% to 5.75%
o   500k+                 from 5.50% to 5.75%

Revenue package also changes personal exemptions for the same brackets.
o   100k/150k           Current exemption allowance of $2,400 to $1,600
o   125k/175k           Current of $1,800 to $800
o   150k+/200k+      Personal exemptions eliminated
               
SB 1303/HB 1803:             Creation of a State Debt – Qualified Zone Academy Bonds
This bond bill adds $15 million for school construction bonds.  While it was part of the budget bill that passed the General Assembly, an Attorney General’s ruling advised to pass a clean bill during the special session so there would not be any issues with the delay of implementation of the entire budget.  This is viewed as a non-controversial part of the budget package and no amendments were offered during Senate floor debate tonight.

As of Monday Night, the Senate has given preliminary approval of all three bills and rejected all proposed amendments. 

LOOKING AHEAD TO DAY #2
The bills will be up for a third and final reading on Tuesday morning.  Assuming they receive the 24 votes necessary for passage from the upper chamber, the Senate version of the bills will move to the House of Delegates.  Since the bills are expected to be identical to the bills heard in the House committees today, committee action should be swift and will position all three bills to be on second reader in the House mid-day on Tuesday. 

We expect a flurry of amendments in the House on Tuesday afternoon and will keep you updated as the legislation moves and if it is amended.  We continue to advocate for YES votes on all three pieces of legislation, as part of a budget deal that protects school funding and moves Maryland forward.  You can share an email with your legislators, or call their offices through the MSEA Legislative Hotline at 866-268-MSEA.

Monday, May 14, 2012

Just the Facts on the County Budget

It is indeed unfortunate that some in the county continue to try and pit the interests of education against other county services. MCEA believes that all county services are important, all have suffered damaging cuts in the last three years, and the county government needs to 1) do more to raise revenues to restore services and well as 2) focusing more of the county's resources on services rather than on reserve funds.

To be clear:

1. The Board of Education's proposed budget accepts the level of county funding that was set by the County Council last spring - nothing more. The County Council unilaterally "rebased" its Maintenance of Effort obligation, and in doing so enshrined a $1,500 decrease in local per-pupil spending. The Board of Education's budget accepts that lower level of local per pupil spending.

2. The Board of Education's OVERALL proposed budget is ony increasing by 2.2%. In contrast, the budget for county agencies is proposed to increase by 4.7%. (see this chart, which is reprinted from the County Excutive's Recommended FY13 Operating Budget, Schedule B-2, on pages 71-1 to 71-2). NOTE: the chart indicates the county government budget increasing by 8.6%. However since this includes retiree health trust fund funding for all agencies (aka "OPEB") - the fairer comparison backs OPEB out, leaving the county government increase at 4.7%, compared to the increase of only 2.2% in the MCPS budget - most of which is funded by increased state aid, not local dollars).

3. As a percent County generated revenues, the proposed Board of Education budget represents the lowest share since 1999. MCPS share of locally generated revenues will fall to just 41.8%, from a high of 52.5% in 2002. (see chart below).

It's time we stop pitting county services against one another and instead work to improve all the services our residents - and especially our students, elderly, and most vulnerable - depend on.


Friday, May 11, 2012

MCEA Hosts "Teacher for a Day"

As part of Teacher Appreciation Week,  MCEA sponsored "Teacher for a Day" in Montgomery County.  Yesterday saw local leaders and community members teaching throughout the county, spending the entire day with their host teachers, followed by a debriefing session at the MCEA Conference Center where the guest and host teachers discussed their experiences in the classroom.

The event was designed for so our guest teachers could experience what a real day in the life of an MCPS teacher was like: from teaching to planning to attending meetings.  Judging from the comments and weary looks of the guest teachers, they really did get a feel for what we do everyday.

The event was organized by MCEA's Community Outreach Committee. Committee member Stephanie Halloran led the project, with support from Committee member Gloria Condelli, and Committee Chairperson Betsy Johnson organized the event.

Participating guest and host teachers included:

* County Executive Ike Leggett served as Guest Teacher in Amy Soldavini's (8th grade) English classes at Loiederman Middle School

* BOE President Shirley Brandman - Josh Rubin's (Special Education) classes at Einstein High School

* BOE member Mike Durso - Kimberly Moore's (Government) classes at Gaithersburg High School

* MD State Delegate Jeff Waldstreicher - Ken Smith's (African American Studies/Government) classes at Blair High School

* MD State Delegate Craig Zucker - Denise Renfrew's (3rd grade) class at Burtonsville Elementary School

* MD Deputy Secretary of State/Mayor of Kensington Pete Fosselman - Kimberly Sexton's (3rd grade) class at North Chevy Chase Elementary School

* Mayor of Somerset Jeffrey Slavin - John Main's (Government) classes at Seneca Valley High School

* Gazette Education Reporter Jen Bondeson - Ken Allen's (5th grade) class at Burtonsville Elementary School.

Thank you to all our guest and host teachers!


Doug Prouty greets the guests

Del. Waldstreicher  talks with the Gazette's Jen Bondeson


County Exec. Legget and Stephanie Halloran reflect on the day's  work


Mr. Legget speaks with Betsy Johnson and Jeffery Slavin



Jesse McGee talks with Del. Waldstreicher about Edison HS award winning tech program 


Betsy welcomes the group 

Amy Soldavini spoke about her experience teaching with County Executive Ike Leggett

Mr. Leggett spoke of his tiring, but rewarding day



Mr. Slavin reflects on his day at SVHS


Del. Waldstreicher shares about his day at Blair HS



Wednesday, May 09, 2012

Time to move the January HSA's?

Here is a letter from MCEA Vice President Chris Lloyd to the Maryland State Board of Education requesting the rescheduling of January HSA make up tests to February.  Mr. :Lloyd is writing on behalf of our CTL who believe that the current schedule for the tests is negatively impacting student learning:
http://www.mceanea.org/pdf/MCEAletteronHSAs.pdf

Tuesday, May 08, 2012

Take Action to Prevent State Budget Cuts to Education


Last month, the clock ran out on the Maryland state legislative session without final action on the state budget for next year. The result was a “doomsday budget” that would cut $500 million statewide, of which more than $260 million would be cuts in education spending. Montgomery County Public Schools alone would lose $41 million. The cuts in higher ed funding would force significant increases in tuition at the University of Maryland and all other state colleges.

Some people across the state have said these cuts are preferable to having the legislature complete action on the budget, and on the revenue package needed to maintain education funding. Even here in Montgomery County, there are members of the County Council who have spoken out against the re-convening of the state legislature to complete the budget, saying they prefer the “doomsday budget” and its education cuts.

Thankfully, the Governor disagrees. The Governor has called the state legislature back into a “special session” on May 14th to finish work on the state budget and – hopefully – avoid the “doomsday” budget cuts. But final action by the legislature is far from certain. That’s where you come it.

We are asking the 22,000+ employees of MCPS to contact their state senators and delegates to urge them to preserve funding for education by completing action on the state budget now; and to prevent the damaging cuts that will be caused by the “doomsday budget”. They need to hear that further cuts to education are not an acceptable option.

To send emails or letters to your state senators and state delegates, go to:  http:// capwiz.com/nea/md/issues/alert/?alertid=61180511  

We want to convey the following to our elected state representatives:

1.  The “doomsday budget” would impose damaging cutbacks on our schools and our students

2.  We urge them to protect funding for GCEI (the Geographic Cost of Education Index – that sends additional state education aid to high cost jurisdictions like Montgomery County.

3.  We urge them to pass the proposed revenue package, that raises taxes on higher income families more than on working families and the poor

The most effective emails contain personal stories. Tell elected officials how school funding cuts have affected your school and your students.

To send emails or letters to your state senators and state delegates, go to:  http:// capwiz.com/nea/md/issues/alert/?alertid=61180511

MCPS to name new Downcounty school in honor of teacher

At its meeting today, the MCPS BOE will announce that the new Downcounty Consortium elementary school will be named in honor of former MCPS teacher, Flora Singer.  Ms. Singer had a long career in MCPS in which she taught  foreign languages at Albert Einstein High School, Cabin John Middle School, and Walt Whitman High School prior to her retirement in 1993.  She also helped create the MCPS in-service course for teachers and staff on the Holocaust.  
Former Superintendent Dr. Jerry Weast honored Ms. Singer with an official resolution before the BOE, thanking her for her years of service.

In 2007, she was also honored at an MCEA RA, to celebrate the publication of her memoir, Flora—I was but a Child, which details her growing up in Belgium during WWII and her life here in the United States.  

The BOE will take this action between 2:30 and 3:30 and can be seen here: http://www.montgomeryschoolsmd.org/boe/meetings/live.aspx

Wednesday, May 02, 2012

A look at who is behind ed "reform"

Check out Diane Ravitch's column on the people and groups behind the corporate ed "reform" movement in our country.  It's an interesting look at those who want to use tax payer dollars to fund charter and virtual schools and privatize education.  These groups create political agendas and legislation that is copied and pushed by legislators the country over.  Just look at what is going on in New Jersey right now to see it in action.  

Increasing the Compulsory Age of Education in Maryland


The compulsory age of education has been an issue before the Maryland General Assembly for over a decade but became a priority this year, in part because of continued support to address education gaps and drop-out rates.  President Obama used the State of the Union Address to challenge states to set the compulsory age at 18 years old.  The legislation passed this year by the General Assembly, Senate Bill 362, establishes a long-term phase-in to determine interventions that need to be in place locality-by-locality and prepares for the impact of changing the age from 15 to 17 years old between now and the 2017-2018 school year.

The bill specifies that the compulsory school attendance ages do not apply to an individual who (1) has obtained a Maryland high school diploma, an equivalent out-of-state high school diploma, or a GED; (2) is a student with disabilities and has completed the requirements for a Maryland high school certificate of completion; (3) is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools or has completed such a program; (4) is severely ill and requires home or hospital instruction; (5) is married; (6) is in military service; (7) is committed by a court order to an institution without an educational program; (8) provides financial support to his or her family; (9) has been expelled from school; (10) is pregnant or a parent and is enrolled in an alternative educational program; (11) attends an alternative educational program; (12) attends a public school on a part-time basis while also attending a private career school; or (13) is waived from the compulsory attendance age requirements by the State Superintendent of Schools.

The bill requires MSDE, in consultation with the Department of Labor, Licensing, and Regulation (DLLR), to develop a GED Options Program and request departmental legislation necessary to implement the program. The GED Options Program allows a student to participate in a GED preparation program without dropping out of school, while the traditional GED program does not allow a student to be enrolled in school while participating in preparation programs.

Additionally, Senate Bill 362 establishes numerous reporting requirements to help the State prepare for and monitor the implementation of the bill. By September 1, 2013, MSDE must submit a compilation of reports prepared by local boards of education and recommend programs, interventions, and services 

MSEA helps win new flexibility and important clarifications in the “Five Day Rule” for IEP meetings


In 2010, the General Assembly passed legislation requiring parents to receive copies of assessment reports five days in advance of IEP team meetings.  Since then MSEA has heard from educators about “the five day rule” and the difficulty that schools have had complying with it. 

Unfortunately, the law has been interpreted differently in each county and sometimes the implementation has been different from principal to principal.  Some counties have spent a great deal of limited resources to send the materials via certified mail when materials could be emailed to parents. Without clarity from the state, county school boards have been reluctant to open themselves up to possible liability.

Support for special education teachers varies widely from county to county, exacerbating the difficulty of complying with the rule. Several counties have created staff positions or have recruited parent volunteers to manage the paperwork and other time consuming tasks, such as scheduling IEP meetings. Some have staff whose job is solely to conduct student assessments or have added clerical positions to relieve the special education teacher of copying and mailing documents. While educators appreciate the assistance that some counties have provided on the clerical end, this is not a long-term fix and represents a huge outlay of resources that wasn’t recognized in the 2010 fiscal note.

We know that parents are essential partners on school teams, and we want them to be able to participate fully in the IEP process. However, the way that the five day rule has been interpreted has created a new burden on educators and has proven costly for local school systems. MSEA and other coalition partners brought this issue to the attention of the bill’s sponsor and worked to create a solution to this problem. The final bill, House Bill 596, included MSEA amendments that clarified that parents can opt out of receiving documents five days before the IEP meeting if they will not be useful.  Additionally, the amendments clarified that documents will be translated for blind parents and can be delivered via email or by student backpack, saving educators’ time and school system resources.

The proposed change will provide educators, school psychologists, and other school-based professionals a little more time to meet demanding assessment caseloads, while fully preserving the right of parents to receive copies of assessment reports prior to IEP team meetings. The passage of this legislation is thanks to the 3,000 MSEA activists who contacted their legislators by sending emails and calling them to ask for clarification on this important issue.