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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

Entries from December 1, 2012 - December 31, 2012

Wednesday
Dec192012

The Consequences of Overpaying University Presidents

Law professors Brian Galle and David Walker have just posted to SSRN (free download) a new article identifying a negative association between non-profit executive pay and donor generosity.  That is, according to their study, as we continue to increase the pay of university presidents, we should expect private gifts to the same universities to decline.  I am familiar at least with Brian's prior work, and his scholarship is top-notch, so I am inclined to take this study seriously, as Boards of Trustees should.  Check it out here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2187979 . 

Monday
Dec102012

Michigan is a Right to Work State - Updated

The Michigan House and Senate both passed versions of three bills that would transform Michigan into a right to work state.  The bills, which will be called the Workplace Fairness and Equity Act, prohibit the practice of requiring workers to pay union dues or fees as a condition of employment.  Police and firefighters are not affected by this legislation because their right to collectively bargain is protected by a different law.  The bills were passed primarily along party lines in the Repulican-led chambers.  Interestingly, protestors were prohibited from entering the capitol for several hours during the debate.  Apparently, the building was closed for structural reasons but was re-opened after an injunction was issued.

The legislation makes it illegal for any person to force, intimidate or attempt to compel an employee to become or remain a member of a labor organization or to financially support one.  It eliminates the law's previous requirements that all employes must pay a service fee to the exclusive barganing representative even if they chose not to be active members of the union.  It does retain the right for employees to collectively bargain and prevents employers from interfering with employees' rights to form and administer labor organizations.

This vote comes on the heels of the defeat of a Novemeber ballot proposal to add the right to collectively bargain in Michigan's Constitution.  Michigan's governor has been quoted as saying that the push for this legislation is a direct result of organized labor's ballot proposal initiative, Proposal 2, last month, and that he is ready to sign this new legislation.  The House still needs to consider the public right to work bill and will do so on Tuesday.  Michigan's labor organizations are planning protests to stop its passage and put pressure on the governor to veto the legislation.

The legislation:

For Private Workers - HB 4054 & SB 0116

For Public Workers - HB 4003 (Senate Substitute 8)

http://www.legislature.mi.gov/(S(ib4eik45ssqu0z45ez4rbnyh))/documents/2011-2012/billcurrentversion/House/PDF/2011-HCVBS-4003-17053.PDF

 

Update (December 11, 2012) - The Michigan House of Representatives passed HB 4003 and Governor Rick Snyder signed the bills into law making Michigan a Right to Work State.  The changes take effect in April 2013.

Tuesday
Dec042012

Local Control in 2012- Myth or Reality?

Some time ago, I blogged on the extraordinary moment when the board of the Memphis City Schools – a 100,000 student urban district serving a high poverty student population – voted to dissolve itself.  This dissolution, which was later ratified in a local referendum, triggered a merger of MCS with the surrounding suburban district, Shelby County Schools (40,000 students, approximately 35% free/reduced lunch).  With less than a year to go before the merger takes effect, I write now with a brief update, some new details, and the promise for more on this turn of events (which I could truly appreciate as being fascinating from a scholarly standpoint if only it didn’t mean so much to my community!).

First, the update… the dissolution of MCS led to a legal black hole as to what the next step would be.  That hole was filled by new legislation and a federal lawsuit that included nearly every governmental body in Shelby County.  Ultimately, what emerged was (1) a 21-person appointed transition team charged with crafting a merger plan; (2) a 23-person elected countywide school board that combined the 2 preexisting boards and added 7 new members; and (3) a timeline that involved separate operation of the districts for 2 years with a merger to take effect in August 2013.  To date, the merger plan has been completed and implementation has begun. 

However, as though this challenge were not enough, a parallel effort by suburban municipalities to create separate school districts triggered its own legislation and litigation.  The most recent news was a ruling last week holding the legislation permitting such efforts to be in violation of the Tennessee constitution’s ban on “special legislation” targeting a single county (i.e., not generally applicable throughout the state).  Had the municipal districts survived this challenge, an equal protection claim was slated for trial in early 2013.

To me, the debate about municipal districts evidenced a disconnect between the perception and the reality of local control in contemporary public education.  Clearly, there was substantial enthusiasm for local control within the municipalities – all six suburbs voted overwhelmingly to both create new districts and raise local (sales) taxes to do so.  (as an aside, it is worth noting that the county is already the primary local funder in Tennessee, so even prior to the merger, the districts shared the countywide tax base- they will continue to do so into the future and would have even had municipal districts come to be)  This enthusiasm was based on the perception that local control was, as Chief Justice Burger might say, “essential to …support for public schools and to quality of the educational process.” (Milliken)

However, does that perception match the role of local school districts in 2012?  Maybe it does on public support, but do local districts still have enough say to impact the educational process?  With charter schools and state takeover districts and vouchers and even semi-autonomous magnets growing in the landscape?  With common core standards and state-mandated tests and Race to the Top incentives guiding curricular and policy decisions?  This is not a question about whether local control should or shouldn’t exist, but about whether it actually does.

Aside from this wrinkle to the merger story here in Memphis, there are some very interesting proposals that could prove useful to districts across the nation, particularly urban districts adjusting to situations where school operation is being decentralized among autonomous operators.  More to come on that another day.