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Speaking of Leading


"The GOP does not want to raise taxes, yet it knows there is a hole in this years budget and it does not want to cut more services. Hence, take the money from the {School Aid Fund} surplus and through the back door, pour that into the budget deficit and presto change-o, the budget is balanced. Pretty nifty…and sneaky to boot. It's yet another election year example of how the Republicans will do anything to avoid raising new revenue for vital state services, even if it means stealing it from the mouths of K-12 kids."

-Tim Skubik, 6.15.10 in the Skoops Blog.

School censorship undermines what kids learn in civics 

By Charles C. Haynes, First Amendment Center

To find out how the First Amendment is supposed to work in public schools, don’t ask school officials. Ask the kids. Strange as it may seem, many students actually believe what they’re taught in civics class about their constitutional rights.

Consider Raymond Hosier, a seventh-grader in Schenectady, N.Y. He doesn’t buy his school’s argument that his rosary beads are a “gang symbol” that should be banned. For Raymond, they are an expression of faith that he wears in memory of his uncle who died recently (and who taught Raymond to pray the rosary) and in memory of his brother who died wearing that same rosary in 2005.

After being suspended from Oneida Middle School last month for refusing to stop wearing the rosary outside his shirt, Raymond, with his mother, filed suit (with help from the American Center for Law and Justice). He may be only 13 years old, but Raymond already seems to know more about religious liberty and free speech than his school administrators.

Or consider the five high school students in Wisconsin who took to heart those lessons in social studies about good citizenship. Worried about sexual assault in our society, they made T-shirts with the message “Stop Abuse” on one side and a statistic about sexual assault on the other to create awareness of the problem.

But the students soon discovered that Mosinee High School officials hadn’t gotten the First Amendment memo about student rights. The associate principal confiscated the shirts after the students refused to stop wearing them. (Later a superintendent apologized for the seizures as an overreaction.)

In both incidents, school administrators wrongly assumed that the students had little or no freedom to exercise their First Amendment rights in public schools. But as the U.S. Supreme Court famously said in Tinker v. Des Moines (1969), students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Nothing in the law prevents Oneida Middle School from keeping order by barring students from wearing gang symbols to school, including “beads,” as mentioned in the school’s dress code. But Raymond isn’t a member of a criminal gang and doesn’t wear his rosary to advocate gang membership or violence.

“Beads are beads,” says the superintendent. But under the First Amendment, that isn’t good enough. Without a compelling reason – some clear evidence that Raymond’s rosary would cause a serious disruption or promote gang activity – the school has no business telling him he can’t express his faith by wearing a religious symbol.

Nothing in the law prevents Mosinee High School from banning T-shirt messages that are vulgar or obscene, or messages that would create a substantial school disruption. But “Stop Abuse” T-shirts are none of the above.

The T-shirt-wearing students were simply taking a stand on a serious social problem. Isn’t that what we hope a good civics education will inspire students to do?

One of the Mosinee administrators told the Wausau Daily Herald that the shirts were creating a “disruption” by “upsetting some students” and distracting others during exams.

Another school official was quoted as saying he was all for educating people about this issue, but these students didn’t go through proper channels to get approval to wear the shirts. “Sexual Assault Awareness Month is in April,” he said. “Why didn’t they choose to do this stuff then?”

These administrators need to look more closely at what the law says. In my reading of the Tinker decision, the fact that some students may not want to see “Stop Abuse” T-shirts isn’t even close to what the Supreme Court means by “substantial disruption.” On the contrary, banning the message because it makes some people uncomfortable is a classic “heckler’s veto,” which the courts have ruled unconstitutional.

Moreover, students don’t need permission to wear political or religious messages on their clothing. Nor do they have to wait for the topic-of-the-month to express their views.

Instead of censoring students who have the courage of their convictions, school officials should strive to create a school climate that supports religious liberty and freedom of expression. Educating for good citizenship takes more than a few lessons about the Constitution. It requires practicing what you teach.

Charles C. Haynes is a former MASA keynote presenter and director of the Religious Freedom Education Project at the Newseum in Washington, D.C. Web: firstamendmentcenter.org Contact him at: chaynes@freedomforum.org.  

State Board of Education adopts Common Core Standards
The State Board of Education at its June 15 meeting unanimously adopted the Common Core Standards – a set of rigorous, college and career-ready K-12 curriculum standards that states across the nation are considering adopting to bring consistency in education across the states.

With this action, Michigan is the first state to formally adopt the final Common Core Standards that are internationally benchmarked in English Language Arts and mathematics, formalizing Michigan’s agreement to integrate the standards into the state’s public education system. 

“This is an historic moment for Michigan,” said State Board of Education President Kathleen N. Straus.  “With the implementation of the Common Core State Standards, teachers and administrators will have an instructional blueprint to ensure all Michigan students are college and career-ready.”

The Common Core State Standards Initiative (CCSSI) is a state-led effort coordinated by the National Governors Association Center for Best Practices (NGA Center) and the Council of Chief State School Officers (CCSSO) involving the Governors and state commissioners of education from 48 states, two territories and the District of Columbia, committed to developing a common core of state standards in English Language Arts and mathematics for grades K-12.

“Michigan has been a national leader in the development of rigorous academic standards,” said Mike Flanagan, State Superintendent of Public Instruction.  “The adoption of these standards will for the first time provide states with clear and consistent educational goals and represent a logical next step in our state’s efforts to embrace high learning.”

The standards have been guided by the best available evidence and the highest standards across the country and globe and were designed by a diverse group of teachers, experts, parents, and school administrators, so they reflect both real world requirements and the realities of the classroom.

The Common Core State Standards:

• Are aligned with college and work expectations.
• Are clear, understandable and consistent.
• Include rigorous content and application of knowledge through higher order skills.
• Build upon strengths and lessons of current state standards.
• Are informed by other top performing countries, so that all students are prepared to succeed in our global economy and society.
• Are evidence-based.

Michigan’s K-8 grade level content expectations and high school content expectations are closely aligned to the Common Core State Standards, which will minimize instructional changes and adjustments.

To help teachers successfully implement the standards, the Michigan Department of Education, Intermediate School Districts and other partner groups will provide support and training starting in the fall of 2010.  Teachers will begin to provide instruction related to the standards by the fall of 2012.  It is anticipated that students will be assessed on the Common Core Standards beginning in 2014.

The Common Core State Standards will enable participating states to:

• Describe to parents, teachers, and the general public expectations for students.
• Align textbooks, digital media and curricula to the internationally benchmarked standards.
• Ensure professional development for educators is based on identified need and best practices.
• Develop and implement an assessment system to measure student performance against the common core state standards.
• Evaluate policy changes needed to help students and educators meet the common core state college and career readiness standards.

More information about the Common Core State Standards initiative, including key points for both English language arts and mathematics, is available at http://www.corestandards.org/.

MDE releases list of schools eligible for federal School Improvement Funds
The Michigan Department of Education (MDE) released this month a list of 108 schools in Michigan struggling to increase student achievement. 

The funds are from the federal School Improvement Grant, part of the American Recovery and Reinvestment Act (Recovery Act) signed into law by President Barack Obama last year. Michigan received $119 million from the School Improvement Grant for local schools to improve teaching and learning for all students. Each eligible school can apply for up to $2 million each year, over a three-year period.

“We are committed to ensuring that every student in Michigan receives a first class education,” said Governor Jennifer M. Granholm. “These additional Recovery Act funds will help schools that are struggling the most to meet that goal.”

These schools were identified using a federally-prescribed and federally-approved formula to find what the U.S. Department of Education is calling the “Persistently Lowest Achieving Schools.”

“Most of the schools eligible for these federal funds are those that will fall under the school reform law that also requires a redesign plan,” State Superintendent of Public Instruction Mike Flanagan said. “These are the lowest performing schools in the state and they will have unprecedented resources to begin turning around their school. This is a unique opportunity.”

The schools eligible for the School Improvement Grant were identified by student achievement and academic growth based on state testing data from the 2007-09 school years. The state will be using student achievement and academic growth data from 2008-10 to identify schools for the state school reform law beginning this fall.

“Even though the two lists might be slightly different, most of these schools will be on the State Reform list in the fall,” Flanagan said. “We want them to succeed and put into place an instructional strategy that will raise student achievement.”

Districts with eligible schools must apply to the Michigan Department of Education for a School Improvement Grant by August 16, and submit a detailed school improvement plan using one of four improvement models required by the U.S. Department of Education. Schools will begin implementation of their plans this fall and will have three years to use their federal School Improvement Grant funds.

The four federally-required school improvement models from which the schools must select, are:

Turnaround Model – This would include among other actions, replacing the principal and at least 50 percent of the school's staff, adopting a new governance structure and implementing a new or revised instructional program.

Restart Model – School districts would close the school and reopen it under the management of a charter school operator; a charter management organization; or an educational management organization selected through a rigorous review process. A restart school would be required to enroll, within the grades it serves, any former student who wishes to attend.

Transformational Model – Districts would address four specific areas: 1) developing teacher and school leader effectiveness, which includes replacing the principal who led the school prior to commencement of the transformational model; 2) implementing comprehensive instructional reform strategies; 3) extending learning and teacher planning time and creating community-oriented schools; and 4) providing operating flexibility and sustained support.

School Closure – The district would close a failing school and enroll the students who attended that school in other high-achieving schools in the district.

For more detail, log on to www.michigan.gov/mde

School Buildings Eligible to Apply for the Federal School Improvement Grant

School District		School Building
Academy for Business and Technology		Academy for Business and Technology High School
Academy of Oak Park		Academy of Oak Park - High School
Adrian City School District		Adrian High School
Aisha Shule/WEB Dubois Prep. Academy		Aisha Shule/WEB Dubois Prep. Academy School
Benton Harbor Area Schools		Benton Harbor High School
Buchanan Community Schools		Buchanan High School
Buena Vista School District		Buena Vista High School
City of Harper Woods Schools		Harper Woods Middle School
Conner Creek Academy		Conner Creek Academy - High
Conner Creek Academy East		Conner Creek Academy East- MI Collegiate High
Covert Public Schools		Covert High School
Detroit City School District		Barbara Jordan Elementary
Detroit City School District		Bethune Academy
Detroit City School District		Central High School
Detroit City School District		Cody College Prep Upper School of Teaching and Learning
Detroit City School District		Coffey Elementary/Middle School
Detroit City School District		Communication and Media Arts HS
Detroit City School District		Cooley High School
Detroit City School District		Cooley North Wing
Detroit City School District		Crockett High School
Detroit City School District		Denby High School
Detroit City School District		Detroit High School for Technology
Detroit City School District		Drew Middle School
Detroit City School District		Duffield Elementary School
Detroit City School District		Earhart Middle School
Detroit City School District		Farwell Middle School
Detroit City School District		Finney High School
Detroit City School District		Fisher Magnet Upper Academy
Detroit City School District		Fitzgerald Elementary School
Detroit City School District		Fleming Elementary School
Detroit City School District		Ford High School
Detroit City School District		Holmes, A.L.  Elementary School
Detroit City School District		Hutchinson Elementary School
Detroit City School District		Jemison School of Choice
Detroit City School District		Keidan Special Education School
Detroit City School District		Kettering High School
Detroit City School District		Kettering West Wing
Detroit City School District		Law Elementary School
Detroit City School District		Lessenger Elementary- Middle School
Detroit City School District		Mumford High School
Detroit City School District		Murphy Elementary- Middle School
Detroit City School District		Nolan Elementary School
Detroit City School District		Northwestern High School
Detroit City School District		Osborn Upper School of Global Communications and Culture
Detroit City School District		Parker Elementary School
Detroit City School District		Pershing High School
Detroit City School District		Phoenix Elementary
Detroit City School District		Pulaski Elementary School
Detroit City School District		Schulze Elementary School
Detroit City School District		Scott, Brenda Middle School
Detroit City School District		Southeastern High School
Detroit City School District		Southwestern High School
Detroit City School District		Taft Middle School
Detroit City School District		Trix Elementary School
Detroit City School District		Vetal Elementary School
Detroit City School District		West Side Academy Alt. Ed
Detroit City School District		Western International High School
Detroit City School District		White Elementary School
Detroit Community Schools		Detroit Community Schools- High School
Ferndale Public Schools		University High School
Fitzgerald Public Schools		Fitzgerald Senior High School
Flint City School District		Northern High School
Flint City School District		Northwestern High School
Garden City School District		Burger Development Center
George Washington Carver Academy		George Washington Carver Academy
Godfrey-Lee Public Schools		Lee High School
Grand Rapids Public Schools		Alger Middle School
Grand Rapids Public Schools		Gerald R. Ford Middle School
Grand Rapids Public Schools		Lincoln School
Grand Rapids Public Schools		Ottawa Hills High School
Grand Rapids Public Schools		Union High School
Grand Rapids Public Schools		Westwood Middle School
Grant Public School District		Grant High School
Highland Park City Schools		Highland Park Community H.S.
Kalamazoo Public School District		Maple Street Magnet School for the Arts
Kalamazoo Public School District		Milwood Middle School
Lincoln Park Public Schools		Lincoln Park Middle School
Michigan Health Academy		Michigan Health Academy
Michigan Technical Academy		Michigan Technical Academy High School
Mt. Clemens Community School District		Mount Clemens High School
Mt. Morris Consolidated Schools		E.A. Johnson Memorial H.S.
Muskegon Heights School District		Muskegon Heights High School
New City Academy		New City Academy
Oak Park City School District		Oak Park High School
Old Redford Academy		Old Redford Academy - High
Pontiac Academy for Excellence		Pontiac Academy for Excellence - High School
Pontiac City School District		Pontiac High School
Redford Union School District		Elem. Day Treatment
River Rouge School District		River Rouge Middle College High School Academy
Romulus Community Schools		Romulus Middle School
Roseville Community Schools		Roseville Middle School
Ross Hill Academy		Ross/Hill Academy-Elementary
Saginaw City School District		Arthur Hill High School
Saginaw City School District		Ruben Daniels Middle School
Saginaw City School District		Saginaw High School
Saginaw City School District		Thompson Middle School
School District of the City of Inkster		Inkster High School
Southfield Public School District		Southfield Regional Academic Campus
Southgate Community School District		Beacon Day Treatment Center
Springport Public Schools		Springport High School
Taylor School District		Truman High School
Van Dyke Public Schools		Lincoln High School
Waldron Area Schools		Waldron Middle School
Weston Preparatory Academy		Weston Preparatory Academy
Westwood Community Schools		Robichaud Senior High School
Westwood Heights Schools		Hamady Community High School
Whittemore-Prescott Area Schools		Whittemore-Prescott Area H.S.
Willow Run Community Schools		Willow Run High School

 

Title IX: Raising Awareness and Making Progress through Activism

A coalition of Michigan activists working on behalf of women and girls, including AAUW of Michigan, Michigan Gender Equity Team, and Michigan NOW, is working to strengthen Title IX compliance by raising awareness and making formal complaints to ensure Michigan’s public schools meet legal requirements.

In June 1998, Communities For Equity (CFE) filed a gender discrimination lawsuit against the Michigan High School Athletic Association (MHSAA) regarding girls’ athletic programs.  On December 17, 2001, Judge Richard Enslen ruled in favor of CFE.  On April 2, 2007, the U.S. Supreme Court denied a final appeal by the MHSAA.  The MHSAA was found guilty of discrimination against female athletes based on the Equal Protection clause of the Fourteenth Amendment, Title IX, and the Michigan Elliott-Larsen Civil Rights Act.

A major issue in the CFE suit dealt with girls playing six of their sports out of season while boys played all of their sports in season.  The Court identified inequities that resulted from girls playing in non-traditional seasons, including the implication of second-class status.  After the ruling the Capital Area Activities Conference (CAAC) complied with the new MHSAA arrangement for scheduling high school girls’ teams, but they, and many other leagues, continued to schedule middle schoolgirls’ teams out of season.   The U.S. Supreme Court has ruled that scheduling only girls in non-traditional seasons is discriminatory and illegal. CAAC is now aligning their middle school schedules with high school schedules, illustrating that in-season accommodation is possible if the controlling authority over the scheduling of interscholastic sports seasons adheres to the law.

Despite the CFE ruling, many athletic leagues in Michigan indicate, through their policies and practices, that they truly do not understand their legal responsibility to provide fair and equitable experiences at all levels of participation. For example, the Capital Area Activities Conference (CAAC) demonstrated continued discriminatory policy when they scheduled girl’s varsity high school basketball games at 6:00 p.m. and boys’ varsity games at 7:30 p.m.  League officials claimed that this earlier and less prestigious time slot was the girls’ choice.  It is not clear how this decision was established, but it effectively mandated the girls’ games as warm-up games for boys’ games and sent a clear message that girls are not as important as boys.

In June 2009, the Michigan Women’s Commission filed a formal civil rights complaint against the CAAC because of potential discrimination.  A settlement was reached in the case, with CAAC agreeing to alternate the scheduling of the early and late varsity basketball games. 

In an effort to avoid legal consequences, it is imperative that school administrators, particularly superintendents, review the following items.

• School districts are responsible for appointing, training and publicly identifying a Title IX coordinator to supervise the district’s compliance with the law.  Many districts in Michigan have not made this information public, with the result that some parents and students do not know how to proceed if a problem involving sexual discrimination or harassment arises.  In fact, many people are unaware that Title IX protects against gender-based harassment in schools.
• Male and female athletic directors, coaches, and support staff need to be employed in numbers that reflect student sports participation rates.  Equal pay for coaches and other staff is crucial.  Both women and men must be represented in athletic leadership, coaching, and support staff.

When it has been properly administered and enforced, Title IX has helped girls make great strides both on and off the field.  A recent study has shown that increasing girls’ sports participation has a beneficial effect on women’s education and employment (Stevenson, 2010).  Compliance with the law is a simple matter of fairness and equal treatment. Who would have thought when Title IX was enacted in 1972 that these issues would still be raised in 2010?   The activist groups advocating for female athletes in Michigan believe young women have waited long enough.

Tom Wilson, President
Michigan Gender Equity Team (M GET)
4045-23rd Street
Wyandotte, MI  48192-6902
E-mail: tomwilson@mi-gender-equity.com

Diane Madsen, Vice President
Michigan Gender Equity Team (M GET)
2548 Northboro  N.E.
Grand Rapids, MI  49525
E-mail: madsend9@comcast.net

Renee Beeker, President
Michigan National Organization for Women (NOW)
P.O. Box 860
East Lansing, MI  48826
E-mail: ReneeBeeker@aol.com

Kathy Shaw, President
American Association of University Women (AAUW) of Michigan
935 Hillbrook Drive
Battle Creek, MI  49015
E-mail:  ksbanf@aol.com

Schools now able to test Annual Education Report software
On June 14, 2010, the Annual Education Report (AER) was made available within the Dynamic Inquiry Tool at www.data4ss.org and contains data from the 2008-2009 school year to allow staff to become familiar with the layout and functionality of the new report.

This data is not the 2009-2010 data needed for the required AER notification. Your staff will need the 2009-2010 data being released in August to complete the AER for the upcoming school year.

This site is not open to the public. Staff can go to www.data4ss.org and log in to the Dynamic Inquiry Tool to access the data from last year (2008-2009). If they do not have a user name and password for this site, please contact your ISD/RESA (for a list of ISD contacts, visit www.data4ss.org and click on the “contact us” tab).

If you have issues, questions or feedback to improve the report, click on the “report issue” button at the left on the site.

Working after retirement
In order to operate at maximum efficiency, school districts sometimes re-employ or contract for the employment of retirees. By way of reminder, the Michigan Public School Employees Retirement Act (MCL 38.1361) has earnings limitations in place for current retirees, in addition to those in place for new retirees after July 1.

The Michigan Public School Employees Retirement System is a 401a federally-qualified trust that may only pay pensions to those who have bona fide terminations, including a severing of the employee/employer relationship for a duration of at least one month. For a termination to be bona fide, a retirement applicant cannot have:

• a promise of reemployment OR
• a contract for future employment in place prior to termination
• any assignment, task or other work-type contact in a school district for at least one month following retirement.

Key information to know:

• Earnings Limits for People Who Retire Before July 1, 2010
• Earnings Limits for People Who Retire On or After July 1, 2010
• Core Services Description
• Core Services Definition
• With disclaimer
• MASA response

 

Earnings Limits for People Who Retire Before July 1, 2010

The following text comes from an email sent out by ORS-Outreach on June 6.

The Michigan Public School Employees Retirement Act (MCL 38.1361) has earnings limitations in place for current retirees.  If their retirement effective date is before July 1, 2010, and they return to work directly for a Michigan public school, they may earn the greater of the statutory limits listed below without affecting their pension.  Note that this reemployment can only occur once an employee completes a bona fide termination and severs the employee/employer relationship for a minimum of one month.

• One-third of their final average compensation.  For this purpose, their final average compensation is increased by 5 percent (compounded) for each calendar year they are retired. In the first year of retirement, the earnings limitation is prorated.
    
• The earnings limit for someone the retiree’s age whereby full benefits are payable under the federal Social Security Act, as amended. There is no limit on earnings beginning the month that the social security full retirement age is attained.

 

For every dollar retirees earn over the annual statutory limit, they must return one pension dollar to the retirement system.

However, for those who retired before July 1, 2010, there are no limitations on post-retirement earnings:

• for retirees working in approved critical shortage positions
• retirees working for a school with an emergency situation approved by the Superintendent of Public Instruction
• retirees who are former teachers or administrators working in a teaching or research capacity at a university that is considered a reporting unit. 

Please see the ORS website at www.michigan.gov/ors for more details.

Additional note regarding third-party contracting of superintendents and/or teachers:  The law prohibits a reporting unit from hiring a retiree as an independent contractor or through a third party to be a superintendent or a teacher. 

• Under the Revised School Code, PA 451 of 1976, a superintendent must be hired directly by the school board. MCL 380.1229 states, “The board of a school district … shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract.”
• Similarly, the Revised School Code requires the board of a school district to “hire and contract with qualified teachers” (MCL 380.1231). If the Office of Retirement Services determines that someone has performed duties in a superintendent or teacher capacity as an independent contractor or through a third party, that person will forfeit their pension retroactively for the affected time period.

Earnings Limits for People Who Retire On or After July 1, 2010

The following text comes from an email sent out by ORS-Outreach on June 6.

Public Act 75 of 2010 amended the earnings limitations for those retiring July 1, 2010, or later. Under the new law (MCL 38.1361(8) and (9)), those who return to work directly for a reporting unit (including any charter school) are subject to an earnings limitation. If they exceed the earnings limitation (one-third of their final average compensation), they immediately forfeit their pension and retiree health care subsidy until the employment ceases. 

Note that this reemployment can only occur once an employee completes a bona fide termination and severs the employee/employer relationship for a minimum of one month.  In addition, retirees who perform any core services for a reporting unit (including any charter school), but who are employed by an entity other than the Michigan public school or work as an independent contractor, forfeit their pension and retiree health care subsidy until the employment ceases. 

A definition of core services was promised by June 2nd.

Role of Core Services in Decision Making

ORS released the definition of core services in early June, providing the following information.

For independent contractors those hired through a third party:
Amended section 61(9), MCL 38.1361(9), requires the forfeiture of a retiree’s pension and health care subsidy when a retiree performs “core services” at a reporting unit while employed by an entity other than a reporting unit or employed as an independent contractor. In addition, section 61(9) requires the retirement system to determine what “core services” are:
Notwithstanding any other provision of this Act, for any retirant who retires on and after July 1, 2010, who performs core services at a reporting unit as determined by the retirement system, but who is employed by an entity other than the reporting unit or as an independent contractor, the retirant shall forfeit his or her retirement allowance and the retirement system subsidy for health care benefits from the retirement system for as long as the retirant is performing core services at the reporting unit.

Additional fact:   It is the reporting unit’s responsibility to inform retirees that they will lose their health subsidy and pension if they enter into a contract with the reporting unit as an independent contractor or as an employee of a third party.

For retirees hired directly by a school district
Retirees hired directly by the reporting unit may earn up to 1/3 of their final average compensation and retain their health care benefits.

Core Services Defined
Since its 1986 inception, the Reporting Instruction Manual has defined different classifications of public school employees. The retirement system has determined that “core services” are those services that are important to the central purpose of a reporting unit, including but not limited to, the services provided by the following employee classifications:

Administration:
Assistant Superintendent (1120)
Principal (1150)
Program-Department Direction (1170)
Superintendent (1110)
Supervision-Management (1160)

Operation and Service:
Aide (1630)
Attendance (1680)

Professional – Business:
Accounting (1310)
Auditing (1320)
Personnel (1340)

Professional – Educational:
Counseling (1220)
Curriculum (1210)
Instructional Consulting (1250)
Instructional Media (1260)
Library (1230) Speech and Language Therapist (1280) Teaching (1240) Visually Handicapped Media (1270)

Professional – Other:
Psychological (1430)
Social Work (1440)

Technical:
Coaches-Recreational (1560)

ORS disclaimer:  Realizing each reporting unit is unique, the above list may not include all core services provided to a reporting unit. Retirees performing services in classifications not listed above may be determined by the retirement system as providing core services based on the circumstances existing in the reporting unit or the nature of the service being provided by a retiree. The retirement system may also determine a retiree at a reporting unit may be doing the work covered by one of these classifications and is, therefore, performing a “core service”.

MASA response
At first analysis MASA’s concerns remain that this definition does not balance the need to keep the retirement system solvent with the need for stability in critical needs areas that have direct impact on student achievement.

• A major fear is that ORS fails to provide a final list and reserves the right to expand the definition at their discretion.

• We remain concerned about the indirect implications of prohibiting future retirees from returning to serve in the capacity of critical shortage areas. While this could minimally impact the retirement system, this will significantly impair a district’s ability to fill these shortage positions in the future, resulting in a direct impact on student achievement and making it impossible for school districts to find support in these high demand professions.

• MASA is also concerned about the inclusion of instructional consulting. This addition adversely impacts the ability of districts to adequately staff shortage areas and remediate turnaround districts. MASA will continue to review the core services definition and work with ORS to seek further clarification where needed.

Ed Week’s Digital Directions, Summer 2010
In order to operate at maximum efficiency, school districts sometimes re-employ or contract for the employment of retirees. By way of reminder, the Michigan Public School Employees Retirement Act (MCL 38.1361) has earnings limitations in place for current retirees, in addition to those in place for new retirees after July 1.

The Michigan Public School Employees Retirement System is a 401a federally-qualified trust that may only pay pensions to those who have bona fide terminations, including a severing of the employee/employer relationship for a duration of at least one month. For a termination to be bona fide, a retirement applicant cannot have:

• a promise of reemployment OR
• a contract for future employment in place prior to termination
• any assignment, task or other work-type contact in a school district for at least one month following retirement.

Key information to know:

• Earnings Limits for People Who Retire Before July 1, 2010
• Earnings Limits for People Who Retire On or After July 1, 2010
• Core Services Description
• Core Services Definition
• With disclaimer
• MASA response

 

Earnings Limits for People Who Retire Before July 1, 2010

The following text comes from an email sent out by ORS-Outreach on June 6.

The Michigan Public School Employees Retirement Act (MCL 38.1361) has earnings limitations in place for current retirees.  If their retirement effective date is before July 1, 2010, and they return to work directly for a Michigan public school, they may earn the greater of the statutory limits listed below without affecting their pension.  Note that this reemployment can only occur once an employee completes a bona fide termination and severs the employee/employer relationship for a minimum of one month.

• One-third of their final average compensation.  For this purpose, their final average compensation is increased by 5 percent (compounded) for each calendar year they are retired. In the first year of retirement, the earnings limitation is prorated.
    
• The earnings limit for someone the retiree’s age whereby full benefits are payable under the federal Social Security Act, as amended. There is no limit on earnings beginning the month that the social security full retirement age is attained.

 

For every dollar retirees earn over the annual statutory limit, they must return one pension dollar to the retirement system.

However, for those who retired before July 1, 2010, there are no limitations on post-retirement earnings:

• for retirees working in approved critical shortage positions
• retirees working for a school with an emergency situation approved by the Superintendent of Public Instruction
• retirees who are former teachers or administrators working in a teaching or research capacity at a university that is considered a reporting unit. 

Please see the ORS website at www.michigan.gov/ors for more details.

Additional note regarding third-party contracting of superintendents and/or teachers:  The law prohibits a reporting unit from hiring a retiree as an independent contractor or through a third party to be a superintendent or a teacher. 

• Under the Revised School Code, PA 451 of 1976, a superintendent must be hired directly by the school board. MCL 380.1229 states, “The board of a school district … shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract.”
• Similarly, the Revised School Code requires the board of a school district to “hire and contract with qualified teachers” (MCL 380.1231). If the Office of Retirement Services determines that someone has performed duties in a superintendent or teacher capacity as an independent contractor or through a third party, that person will forfeit their pension retroactively for the affected time period.

Earnings Limits for People Who Retire On or After July 1, 2010

The following text comes from an email sent out by ORS-Outreach on June 6.

Public Act 75 of 2010 amended the earnings limitations for those retiring July 1, 2010, or later. Under the new law (MCL 38.1361(8) and (9)), those who return to work directly for a reporting unit (including any charter school) are subject to an earnings limitation. If they exceed the earnings limitation (one-third of their final average compensation), they immediately forfeit their pension and retiree health care subsidy until the employment ceases. 

Note that this reemployment can only occur once an employee completes a bona fide termination and severs the employee/employer relationship for a minimum of one month.  In addition, retirees who perform any core services for a reporting unit (including any charter school), but who are employed by an entity other than the Michigan public school or work as an independent contractor, forfeit their pension and retiree health care subsidy until the employment ceases. 

A definition of core services was promised by June 2nd.

Role of Core Services in Decision Making

ORS released the definition of core services in early June, providing the following information.

For independent contractors those hired through a third party:
Amended section 61(9), MCL 38.1361(9), requires the forfeiture of a retiree’s pension and health care subsidy when a retiree performs “core services” at a reporting unit while employed by an entity other than a reporting unit or employed as an independent contractor. In addition, section 61(9) requires the retirement system to determine what “core services” are:
Notwithstanding any other provision of this Act, for any retirant who retires on and after July 1, 2010, who performs core services at a reporting unit as determined by the retirement system, but who is employed by an entity other than the reporting unit or as an independent contractor, the retirant shall forfeit his or her retirement allowance and the retirement system subsidy for health care benefits from the retirement system for as long as the retirant is performing core services at the reporting unit.

Additional fact:   It is the reporting unit’s responsibility to inform retirees that they will lose their health subsidy and pension if they enter into a contract with the reporting unit as an independent contractor or as an employee of a third party.

For retirees hired directly by a school district
Retirees hired directly by the reporting unit may earn up to 1/3 of their final average compensation and retain their health care benefits.

Core Services Defined
Since its 1986 inception, the Reporting Instruction Manual has defined different classifications of public school employees. The retirement system has determined that “core services” are those services that are important to the central purpose of a reporting unit, including but not limited to, the services provided by the following employee classifications:

Administration:
Assistant Superintendent (1120)
Principal (1150)
Program-Department Direction (1170)
Superintendent (1110)
Supervision-Management (1160)

Operation and Service:
Aide (1630)
Attendance (1680)

Professional – Business:
Accounting (1310)
Auditing (1320)
Personnel (1340)

Professional – Educational:
Counseling (1220)
Curriculum (1210)
Instructional Consulting (1250)
Instructional Media (1260)
Library (1230) Speech and Language Therapist (1280) Teaching (1240) Visually Handicapped Media (1270)

Professional – Other:
Psychological (1430)
Social Work (1440)

Technical:
Coaches-Recreational (1560)

ORS disclaimer:  Realizing each reporting unit is unique, the above list may not include all core services provided to a reporting unit. Retirees performing services in classifications not listed above may be determined by the retirement system as providing core services based on the circumstances existing in the reporting unit or the nature of the service being provided by a retiree. The retirement system may also determine a retiree at a reporting unit may be doing the work covered by one of these classifications and is, therefore, performing a “core service”.

MASA response
At first analysis MASA’s concerns remain that this definition does not balance the need to keep the retirement system solvent with the need for stability in critical needs areas that have direct impact on student achievement.

• A major fear is that ORS fails to provide a final list and reserves the right to expand the definition at their discretion.

• We remain concerned about the indirect implications of prohibiting future retirees from returning to serve in the capacity of critical shortage areas. While this could minimally impact the retirement system, this will significantly impair a district’s ability to fill these shortage positions in the future, resulting in a direct impact on student achievement and making it impossible for school districts to find support in these high demand professions.

• MASA is also concerned about the inclusion of instructional consulting. This addition adversely impacts the ability of districts to adequately staff shortage areas and remediate turnaround districts. MASA will continue to review the core services definition and work with ORS to seek further clarification where needed.

Time sensitive! Expansion of MISEC services requires board action
For more than a decade the Michigan Schools Energy Cooperative (MISEC) has been performing energy management services for more than 250 K-12 school districts.  As the energy market remains volatile MISEC continues to seek improvements in the methods of procuring the lowest cost energy for your district.  
 
To allow for timely expansion of program offerings, the MISEC Interlocal agreement must be amended.  During the week of June 21st, all MISEC member districts received a letter along with the 1st amendment to the Interlocal agreement.  This amendment provides for expanded member services, including a Diesel Fuel Program (DFP), and a more efficient method of governance.  It is requested that your district’s board of education consider and act on the amendment as soon as possible.
 
The objective of the DFP is to introduce more predictability into a school district’s diesel fuel expenditures by implementing a process that will allow MISEC to offer members a long-term, fixed price on a portion of diesel fuel requirements. Utilizing this program, members will be able to exercise better control over the price of diesel fuel, which allows for better forecasting and planning.  This program is one of the most effective steps a district can take to control its diesel fuel costs.
 
If you have any questions or your district is not a member of MISEC and would like to join, please contact Doug McCall at 517-913-2155/ dmccall@middlecities.org or Jan Rogers at 888-345-0440, ext 26/ Jan.Rogers@Summitenergy.com

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