Teacher tenure and failed school districts bills fall in Missouri Senate

Two of the major education issues for the 2012 legislative session failed in the Missouri Senate.

The Senate rejected an effort Tuesday, April 3, to eliminate the state teacher tenure system. A day earlier, Monday, April 2, a Senate filibuster forced the chamber to cast aside a measure that would have allowed St. Louis County schools to reject students from the unaccredited St. Louis City school system.

The tenure-elimination plan was rejected 17-15 by the Senate. Under current law, a Missouri public school teacher is given automatic job protection after five years.

"People want to have reform, and we can't just walk away from this," said the proposal's sponsor, Sen. Jane Cunningham, R-St. Louis County.

Senate Education Committee Chairman David Pearce, R-Warrensburg, sponsored the move to shelve elimination of teacher tenure and said the process was going too fast.

"This has long-term ramifications for the future of Missouri," Pearce said.

Cunningham said she was surprised by the vote and described it as "terribly disappointing."

"The colleagues in the Senate put government employees ahead of students," Cunningham said when asked about the vote.

Then on Thursday, April 5, the Senate approved a different approach. On a voice vote, they approved a provision that would increase from 5 years to 10 the number of years a teacher must be employed before obtaining job-protection tenure.

The amendment was sponsored by Senate Republican Leader Tom Dempsey, R-St. Charles.

"Moving it from five to 10 years means teachers will continue to grow and develop," Dempsey said.

The measure, given preliminary approval by the Senate, also eliminates the "last in, first out" principle for laying off teachers when budget problems force cutbacks. Under current law, layoffs start with the least senior teacher.

One major education issue did clear the Senate. It removes the two-year waiting period for the state to take over unaccredited school districts. The measure was prompted by the accreditation loss effective Jan. 1, 2012, of the Kansas City School District.

Nixon adds social media communication by teachers to the legislature's special session.

Gov. Jay Nixon issued a news release Friday (Aug. 26) adding another item to the agenda of the legislature's special session that begins Sept. 6.

Nixon added repeal of a provision that critics have charged would block teachers from using social media like Facebook from communicating with their students.

The provision was part of a broader bill dealing with requirements for public schools in dealing with allegations of sexual misconduct by school employees.

"In a digital world, we must recognize that social media can be an important tool for teaching and learning," Nixon was quoted as saying in his office announcement.

Nixon's announcement was issued shortly after a Cole County judge issued an order barring enforcement of the new law.

The bill's sponsor, Sen. Jane Cunningham, R-St. Louis County, said restricting use of social media for legitimate communications with students was not the intention of her measure. She was reported to be meeting with education leaders to draft a bill clarifying the issue.

Bill to Combat Sexual Abuse of Students Wins Senate Approval

The Missouri Senate has passed legislation which would help keep teachers out of the classroom who have engaged in sexual misconduct with students. The proposal, sponsored by Senator Jane Cunningham of Chesterfield, was approved by the Senate on a unanimous vote of 34-0. The bill seeks to deal with a pernicious pattern in the public school system. A teacher or coach commits sexual abuse of a student and is released by the school district. The abuser then moves on to another school district which is unaware of the prior conduct because of employee confidentiality stipulations and agreements. The teacher or coach then engages in sexual misconduct again. This scenario is often referred to as "pass the trash." Under the provisions of the bill, any school district employee who shares information about a former employee with another school district will be immune from any civil action in court seeking damages. Any school district which failed to disclose information concerning sexual misconduct by a former employee in discussions with another school district would be liable for damages. The bill also requires that a school district suspend any employee who has been the subject of a child abuse investigation where the state's Division of Children's Services has substantiated allegations of sexual misconduct. School officials who receive allegations from a student of sexual misconduct must report that information to state child abuse authorities within 24 hours. All applicants for a state teaching certificate would be required to undergo a criminal background check. The Department of Elementary and Secondary Education will also be required to conduct an annual check of teachers with active certificates against criminal history records, the sexual offender registry, and the child abuse registry. A state audit conducted by State Auditor Susan Montee in 2007 found that students were at risk because of inadequate background checks. The Senate amended Cunningham's bill to include another child protection measure sponsored by Senator Ryan McKenna of Crystal City. Known as "Erin's Law," the proposal calls for the development of a curriculum in the public schools to discourage incidents of sexual abuse. Senator Cunningham has been working valiantly for several years to address the horrendous problem of sexual predators in the educational system. "Missouri statutes prohibit sexual offenders from being within 1000 feet of our schools, yet we allow them right inside our classrooms," Cunningham observes. Senator Cunningham's bill is named "The Amy Hestir Student Protection Act." Amy Hestir is a Missouri woman who was repeatedly molested and assaulted by her junior high school teacher during her youth. The perpetrator went on to teach in other Missouri school districts.

Senate committee considers charter school expansion

Support for charter school expansion gained ground Wednesday after overwhelming public testimony in the Senate.

The Senate Education Committee heard testimony on a bill that would allow local districts to sponsor charter schools across the state. Currently, charter schools can only be started in Kansas City and St. Louis city school districts.

"This gives districts a lot more flexibility," Sen. Jane Cunningham, R-St. Louis County, said.

The bill, sponsored by Sen. David Pearce, R-Warrensburg, includes provisions for greater accountability for charter schools amid concerns that these schools are not performing in St. Louis.

"We like the accountability for public money," said Mike Reid, spokesman for Missouri School Boards' Association.

At a previous House meeting on the subject, several people expressed concerns about charter school expansion throughout Missouri and their ability to be effective.

"The vision is simply not happening at charter schools right now," said Byron Clemens, a spokesman for American Federation of Teachers Missouri at a Feb. 23 committee hearing.

The Senate committee also heard testimony Wednesday about a bill allowing charter schools to consider other achievements as credit for high school graduation. Sen. Joe Keaveny, D-St. Louis City, said his bill would let charter schools to consider work experience and work study programs as acceptable high school credit.

Keaveny said this provision would allow students who previously dropped out of school to graduate on time and ease their adjustment to a traditional high school environment. The students would still complete the same tests as other Missouri high school students in order to graduate.

Keaveny's bill also allows students who live in St. Louis County homeless shelters but who came from the city to attend a charter school. Keaveny said there are often not enough homeless shelters in the city to accommodate children attending charter schools.

The principal of Shearwater High School, a charter school specializing in kids who dropped out in St. Louis, agreed with Keaveny.

"These kids should have a preference no matter where they reside," Stephanie Krauss said.

One Shearwater student, a former dropout, said he has lived in four different homeless shelters this week but still has not missed a day of school.

"Shearwater gives me a second chance, I thought I had no hope," Catrell Churchman said.

Another homeless Shearwater student said the school has provided a good foundation.

"It has been a better opportunity than any other school," Victor Whittier said.

Whittier said he had been afraid to go to school before going to Shearwater.

No one spoke out in opposition to either bill.

Sen. Robin Wright-Jones, D-St. Louis City, also sponsored a bill allowing the St. Louis City Transition Board to establish charter schools in its district. Wright-Jones said Dr. Kelvin Adams, the superintendent of St. Louis Public Schools, used the same system in New Orleans after the devastation of Hurricane Katrina.

"This would give them another tool," she said.

There was no opposition to Jones' bill.

The Education Committee will vote on these proposals when legislators return from their spring break on March 28.