Pub. 5 2015-2016 Issue 2

26 Themes usually emerge from a Legislative session. The themes are reflected in the number of bills filed on certain public education sub-issues, in which bills pass and in who sponsors the bills. Plus, it is also interesting to note the pecu- liarities of a session. 2016 was no exception. First, the themes, then the peculiarities—from a long-time public ed observer of legislative sessions. THEME #1 Education employee/employment bills. Eight bills pro- posed changes to the public retirement system. Only two bills passed. One (SB 19, Weiler) applies to all state agen- cies and allows a public employer to permit employees still in their first retirement year to participate in “phased retire- ment,” only if the employer (permissive) creates policies to regulate the process. The legislation becomes effective on Jan. 1, 2017. The other successful retirement bill (HB 51, Powell) is a cleanup bill for “postretirement reemployment.” . An- other bill (HB 175, Powell) requires public ed applicants for jobs and volunteers to provide prospective employers with authorization for employers to contact past employers about discipline for child or sexual abuse. Local education entities (LEAs) may not hire prospective employees or use prospec- tive volunteers who do not provide the required release. LEAs may hire/use prospective employees or volunteers if employ- ers make good faith efforts to get the information. Publicly employed computer technicians must report child pornogra- phy encountered in the course of their work to law enforce- ment, per HB 155 (Hall). Failure to report or not report (ap- plying a “good faith” standard) is punishable by a class B misdemeanor. Other public education employment bills: HB 300 (McCay) gives directives to law enforcement officers (in- cluding school resource officers) who wear body cameras; SB 51 (Millner) creates a “teacher leader” public ed license en- dorsement, including defining duties and directing the State Board to consult with “school districts” and educators about compensation and resources. SB 59 (Weiler) allows a school employer to claim “undue hardship” and be excused from accommodating childbirth-and pregnancy-related employee conditions. THEME #2 A number of bills sought balance for education choices and authority among the State Board of Education, local boards of education (both elected and charter) and parents. Examples: HB 200 (Poulson) allows an LEA to decide wheth- er or not to waive a required computer adaptive test for 11th graders, beginning with the 2016-17 school year. SB 2 (Hill- yard) uses intent language to direct the State Board of Educa- tion to study its current “regulatory” functions and “service” functions and determine which could be passed on to LEAs, provided for a fee, or remain at the State level. SB 43 (Weiler) directs the State Board and the Attorney General’s Office to work together to select a provider for a gun safety and vio- lence prevention program. LEAs may choose to implement a program and parents may choose again whether or not to al- low their children to participate. By contrast, HB 246 (King) would have allowed parent choice for children, with written parent permission, to have more human sexuality instruction as an opt-in school option; the bill failed in committee. SB 25 (Jackson) would have removed the (misdemeanor) criminal penalties on parents who do not get their pre-teen children to school and streamlined the homeschool exempting process through a “statement” rather than an “affidavit.” The bill was heard several times in the Ed House Committee and after a frantic back-and-forth between House and Senate on the last night--ultimately failed. Leaving the current law in place. Legislative Themes BY ERIN PRESTON, LEAR & LEAR LAW