Posted by As you know, a very important piece of legislation will be presented for our consideration in the House tomorrow in Montgomery – Senate Bill 310 – the “Students First” tenure and fair dismissal reform bill. Like me, many House members have been inundated with phone calls and emails from opponents of this bill, and some have been visited by lobbyists working to amend it. On May 16, I let every member of the Republican Caucus know exactly how I feel about this bill and the efforts to amend it.
I, along with several other members of the Caucus, helped Representative Chad Fincher and Senator Trip Pittman draft the original substitute bill, which both ensured a fair process for teachers and gave local school boards the flexibility they’ve long needed. The bill was further altered as it made its way through the Senate. Frankly, I did not agree with every change that was made. The idealist in me wants to immediately amend the bill again to make it an ideal law. However, the realist in me understands that, because of tenuous situation in the Senate, amending this bill will ultimately kill it.
Our opponents know this. That’s why they’ve launched an all-out effort to call, email, text, and visit House members in an effort to convince us to change this bill in some way. Some of their desired changes have to do with the reduction in force (RIF) policy which has not changed from the original statute in the 1975 Code of Alabama. Most recently, they’ve talked about changes to the termination hearing process. Based on the evidence that has been presented and the conversations that have been initiated, it is obvious that neither of these proposed changes is based on actual policy concerns, but rather on a fundamental mission to stop this bill from passing.
SB310 is not perfect, but it is a very good bill. It’s a change in law that we’ve long needed, and one that the people of this state clearly want. This bill will not penalize or hurt good teachers in our state, it will make it easier to remove those education employees who need to find another career. It will help local superintendents and school boards support those certified and classified employees whose goals are to put “Students First”. Putting students first is the reason that almost every education career professional entered the education arena. This bill will help them to continue to accomplish their career ambition.
For those reasons, I will not be voting for any amendment offered on this bill. I will not be a part of the reason that criminals continue to draw salaries that can be paid to people who want to educate our children. I will not support those people who want to be a part of a system that rewards incompetent and uninspired individuals who seek white collar welfare options because they feel as though they are “owed” something.
I will always support good teachers and good classified employees and I will work to find a way to compensate them for their sacrifice and service in the future.
I encouraged my colleagues to join me in this effort to give our best education employees the support, encouragement, and protection they need by voting for the passage of SB310 as is.
Facts of intrest regarding Alabama’s Reduction in Force (RIF) education layoff policy.
Opponents to the “Students First Act 2011″ reform are attempting to scare teachers and other education employees by leading them to believe the bill endangers their jobs and livelihoods. They claim “reduction in force” language in the legislation would allow school boards and principals to arbitrarily fire teachers under false pretenses, including personal and political reasons.
That’s absolutely not true. The truth is, a “Reduction In Force (RIF)” provides for layoffs, not terminations. State law already guarantees protections for employees in these matters. Here are the facts:
- State law mandates that each school board adopt a written policy governing RIF layoffs to ensure that decisions are not arbitrary.
- State law limits RIF layoffs of education employees to “unavoidable” budget circumstances that arise for ONLY two reasons:
1. A decline in revenue that leaves the school system without resources to continue current personnel levels.
2. A decline in student enrollment that causes a system to have a disproportionate ratio of employees to students.
- Existing State law defines layoff as “an unavoidable reduction in the work force beyond normal attrition due to decreased student enrollment or shortage of revenues.“
- State law mandates that the Alabama Education Association be involved and have a “seat at the table” when a local school board is adopting a RIF policy or changes an existing RIF policy.
What is the proposed change for the RIF layoff policy and why is it needed?
- SB310 would clarify that revenue or enrollment based decisions about personnel may only be appealed if a local board does not comply with its own RIF policy.
- If any laid off employee believes the RIF policy was not followed, they would still have a Constitutional right to due process in the appropriate venue: a circuit court that can judge whether the layoffs were justified under existing law.
- The state must ensure that the basic financial decisions of a local school system are made by those accountable to taxpayers and parents; in addition, state law also mandates local boards adopt RIF policies based on objective criteria and include a process for recalls and notification of recalls.
The Bottom Line
By law, RIF layoffs are a measure of last resort for any school system, and they should be. Our laws should ensure that appeals are carried out efficiently, economically, fairly, and appropriately for all parties.
Wow. Common sense and plain talk. Thank you for telling the truth about this bill.
One question- and I am not being flip- can we trust AASB’s information with this after it is clear that they were dishonest tonight about the liability insurance?
illrember,
I am not sure that I completely trust anyone organization that is promoting these changes.
I am sure of what I read and know about the bill.
JHM
I’m glad you feel differently about this bill than Cam Ward does!
Very good. I hope it passes. Thanks for realizing that the primary responsiblity of public education is to teach children and not to be an employment service.
Rep. Merrill,
I’m sorry to see that you must expend time and energy fighting the bogus rhetoric and political bent of a certain “Professional” organization. If the teachers and staff that identify as members only knew how much of their dues go to paying the salaries of the top two they would be sick.
This past election was interesting in that 75% of teachers I spoke with toed the AEA line and repeated verbatim what they had read in the school journal. I was amazed to see local teachers turn on Bradley Byrne so quickly and vehemently. If only the rhetoric could be toned down and the facts be allowed to shine through.
Just some helpful advice: don’t start any speech or written piece with the phrase “As you know…” If I already know it, why would I bother to read further. Other than that, Rep. Merrill, this is good.
Rep. Merrill,
Did you trust AEA when you took their money in 2002 as a democrat when you ran against Gerald Allen?
Susan Fillippeli,
Thank you for your comment.
JHM
Dirty Harry,
I took the money in 2002 but I did not take the money in 2010. If you have any further questions or comments about the contributions given to either of my campaigns, my number can be found in the Tuscaloosa Phone Directory.
JHM
different anonymous,
Thanks for the grammatical encouragement. All the best.
JHM
Kluger,
Thank you for the support and encouragement.
JHM
Dirt McGurt,
Thank you for your comment.
JHM
Madison County,
Thank you for your support and encouragement.
JHM
Mr. Merrill,
Since the AEA’s position on tenure has been the same since well before 2002, are we to take it that you flip-flopped on this issue since then or that you make decisions solely based on political expediency?
Mr. Merrill,
aren’t you still a member of AEA?
and
Do you really think that school teachers will buy into this explanation that you’re helping them by making it easier to fire other teachers?
John I knew you when you when you were a proud “yellow dog” Democrat. We even had a class together with Dr. Cotter at The University where you said you would NEVER vote for a Republican because they did not represent the common man. You were proud of your relationship with the great Southern Democrat Howell Heflin. He is turning over in his grave at how you have turned your back on the common man in the name of political power.
It is obvious that you have sold your soul to the very people who you had disdain for 25 years ago. Those “Machine” guys from the Riley/Byrne camp are using you for their benefit.
I guess
As the a family member of someone who teaches in an area with an elected Superintendent, if anyone thinks this won’t be used to “arbitrarily” fire teachers they are fools or are willfully blind. The issue needed reform, not a wholesale gutting.
–Teachers Unions explained–
http://www.youtube.com/watch?v=5kxc6kzH-uI
–
Well there is this also: http://blog.al.com/breaking/2011/04/huntsville_4th_grade_teacher_a.html
“A fourth-grade teacher at McDonnell Elementary School was jailed Wednesday and accused of sexually abusing five children at the school… Knotts was placed on administrative leave with pay, as is the policy when criminal charges are filed against a teacher. A substitute was brought in to teach his classes.”
–
–Pookie
Pookie,
Removal is the right thing to do. Would you want to be fired immediately just because someone filed charges against you? I could go file charges today. Wouldn’t you want your day in court?
If you can’t work you should not be on “leave with pay!” If after your day in court–you are found innocent then you should receive your back pay. That’s a better deal then in the rough and tumble private sector… Why should the taxpayers be on the hook for someone who can’t work and perform their job?
Learn the facts about SB 310 from organizations that are communicating the real facts about this legislation. Among organizations and entities that support the bill are the School Superintendents of Alabama; the Alabama Association of School Boards; A+ Education Partnership; and the Alabama State Board of Education. Alabama’s children should be legislators only special interest.
–
-Pookie
Good teachers that don’t support the right political candidate will be fired because of this. I have yet to hear anyone that is in favor of this bill address this. Is this because the only thing to say is “you’re right” and “too bad?”
Pookie, is that the same Association of School Boards that lied about local Boards already providing their employees with liability insurance? The same AASB that Jay Love said must have “misled” him? The same AASB that said AEA can’t have payroll deduction for politics, but they pay employees/lobbyists from “dues” collected straight from taxpayer funds?
Yeah, I should certainly trust them!
SanfordDem,
It is difficult to understand you criticism of Mr. Merrill. The tenure laws in 2002 were different than the laws which are in effect right now. The current tenure laws went into effect in 2004. Thus, even if he did support the tenure laws in 2002, those are not the same laws he recently voted to change.
Moreover, the bill which just passed the legislature does not end tenure. It just changes how the tenure system works. Teachers will still receive tenure in the same manner they did before.
Proud AEA Member,
Do you think it is just possible that he might have voted for the bill because he believed it is best for the CHILDREN? While children are often a secondary concern for the AEA, they should be the primary concern for legislators when voting on bills.
It is funny how you assume that someone who has a different opinion than you is being “used”.
Madison County do you think the fact that Rep. Merrill’s wife is a contract principal in the Tuscaloosa County School system and that he aligned himself with the Riley camp not influence his position?
Samford Dem,
You may have missed it but tenure and continuing status have not changed. Those who have tenure and continuing status will keep it. Those who have not attained it will achieve it if they meet the requirements as prescribed by law.
JHM
Republic,
I resigned from the Tuscaloosa County Board of Education on December 31, 2010. Unfortunately, I was requried by AEA to pay my entire dues contribution through September 30, 2011. All of that came out of my last BOE paycheck.
The teachers you are refering to may not believe it today but they will believe it after it has been in place for a while and all the layoffs AEA has said will come and all the RIFs that have said will come will not be there.
Then what will they say? I gurantee you they will say something.
JHM
Proud AEA member,
I don’t recall ever saying that I would never vote for a Republican because forever is a long time.
You may have missed it but a lot of things have changed in this state. There are a number of old Alabama Statesmen that were aligned with a particular political party in the past who may or may not have been aligned with that party today.
I didn’t have disdain for the Republican Party while I was at Alabama but I was a Democrat until March of 2004. I am honored to be a Republican and I haven’t “sold my soul” to anyone.
I consider each issue independently and individually.
Thanks for your interest in my political philosophy.
JHM
Concerned Citizen,
This bill has not gutted the existing law. If you notice a misuse of power in your community you need to report it to the attorney general.
Please let me know if I may be of assistance.
JHM
Proud AEA Member,
I don’t know why you have to say anything about my wife. She is a principal, one of the finest in the state. She didn’t run for office, I did.
She doesn’t have anything to do with this legislation, I do.
Let me ask you a question. How proud of AEA are you that they fired an outstanding 13 year employee (Uniserve Director) because her dad (a member of the legislature) committed to and voted for Senate Bill 310?
JHM
John I made absolutely no disparring remark about your wife and if you took it as such my apology. I think for the sake of this forum the readers should be aware that the passage of this bill makes her job a little easier.
John my core set of beliefs today are no different than they were 30 years ago and I, unlike you, refuse to make fundamental changes in my political efficacy just to claim I am part of the winning team.
The reason men become great leaders is not because they changed with the wind it is because they did not. John I encourage you to read Carl Elliott’s autobiography, “The Cost of Courage.” Congressman Elliott ranks up among the top 5 politicians this state has ever produced but was defeated when he refused to sell out his soul for political victory.
Proud AEA member,
You contend that this bill makes the job of a principal “a little easier.” I hope that is the case. We need to make it easier for a principal to make decisions in the best interests of the children. The AEA wants to tie the hands of the principals and administrators for the benefit of their members. However, the result of AEA’s effort to protect its own is that principals and administrators are not able to take actions which are in the best interests of children.
Madison County,
You are basically saying that a principal and superintendent should be able to fire at will without ever proving incompetence or efforts to improve teaching. This would be dangerous. No accountability for the principal or superintendent.
Teachers will still get their constitutional right of due process in the court system, instead of due process by the school system? One thing is for sure, this legislature’s decisions will be held up in the court system for years to come. The decline in revenue/enrollment clause seems like you’re putting the children into a business plan. This isn’t putting the “students first”, this is putting the republican party first. Also, shame on you for switching parties to keep/gain political power.
Proud AEA member,
My core beliefs are still the same today as they were 25 plus years ago. I am still for a balanced budget, the death penalty, and limited government. I am still opposed to abortion, “special rights” for special interest groups, and handouts to people who don’t want to work.
As Ronald Reagan (a former Democrat) said, I didn’t leave the Democratic Party, it left me.
As far Carl Elliott, if I picked up my autographed copy of Congressman Elliott’s book, I would have to re-read it. I suggest you re-read it since you appear to have your facts wrong.
Congressman Elliott lost his congressional seat when Alabama lost a member of congress and all of our members had to run at large. The person receiving the least number of votes, Congressman Elliott, lost his seat.
His final campaign was for Governor in 1966 when Lurleen B. Wallace won the nomination by defeating several other candidates without a runoff. He also spent his life’s savings and his congressional pension on the 1966 race.
He was, nevertheless, a great man and the first winner of the John F. Kennedy Profile in Courage Award.
JHM
John what facts do i have wrong? I only stated that Congressman Elliott was not a sell out. He did not beg for money from a group during one election and then turn his back on them two elections later.
John I understand completely the facts behind Congressman Elliott’s defeat as a congressman and as a candidate for governor. I didn’t mention that in my post. Like I said Carl Elliott had the same core values the day he died as he had the day he was born.
Congressman Merrill,
I am one of your constituents here in Tuscaloosa. Although I am not a fan of the current state employee directed austerity policies, I can appreciate the willingness to do something with regards to the fiscal crisis at hand.
However, I would like to see more being done with the waste, fraud, and abuse at the BOEs. I am still trying to figure out why principals of failing schools get shuffled or promoted. Needless to say, I was not a fan of our recently departed Tuscaloosa City Schools Superintendent. I also don’t understand why there is so much money invested in redundant management/staff positions at the local and state levels. This money could be better spent on other programs like music or art.
Hope you read this, and it was a pleasure meeting you at the Joe Scarborough book signing on the UA campus.
Good luck.
PrchrMan,
Thanks so much for your comments and support. I continue to be encouraged by comments of folks just like you.
We do need to give some attention to the areas you mentioned but I believe that local control and involvement are usually the best.
I look forward to visiting with you more in the future.
JHM
Merrill is so full of it his eyes are brown. Montgomery has never and will never understand what it takes to educate children. These hacks like this guy want to play policy experts and that is all. Then this hypocrite had the audacity to state: “My core beliefs are still the same today as they were 25 plus years ago. I am still for a balanced budget, the death penalty, and limited government. I am still opposed to abortion, “special rights” for special interest groups, and handouts to people who don’t want to work.”
Right, in one breath you call for limited government but you want to control a woman’s body and are consumed with what people do in their bedrooms. Secondly, you are agains special rights for interest groups but roll over like a whore for anything business interests throw on a wall. I hope you don’t believe the foolishness emanating from your mouth. Get some psychological helep for you and the thugs you work with in your caucus.
Mr. Merrill,
Thank you for the article and for your work on behalf of GOOD teachers. In both k-12 and public higher ed it is WAY too difficult to get rid of poor performing employees, which I do not understand since we are an employment at will state.
I hope you will continue to support good teachers and state employees when your party attempts to take over the RSA. Please be the voice of reason and do not let the RSA be taken over by ANY one party. Bronner has done an amazing job of not just keeping the system financially sound but of also investing in projects that brought JOBS to our state (imagine that!) and encouraging industry. If the republicans get rid of Bronner, you will be destroying one of the best run retirement systems in the country.
Thank you,
Kyle