Revisions to ‘Students Come First’ law wouldn’t alter voter referendum

BOISE, Idaho (AP) — As lawmakers tinker with a massive education overhaul signed into law last year, they’ve been urged to proceed with caution.

The public school reforms face a test in November, with measures on the ballot asking voters to reject changes that limit teacher collective bargaining, introduce merit pay and make online courses a requirement for high school students to graduate.

Even supporters of the reforms crafted by public schools chief Tom Luna acknowledge their work to refine the laws in 2012 could be for naught.

When presenting a serious of tweaks to the disputed education laws, Sen. John Goedde noted each bill from the state Department of Education has a provision saying if the reforms are “rejected through voter referendum in November 2012, the provisions of this act shall be null, void and of no further force or effect.”

The language ensures that if the laws are thrown out, the amendment bills go down as well, said Luna’s deputy chief of staff Jason Hancock.

“We didn’t even want there to be a perception that we were trying to engage in subterfuge with the referendum,” Hancock said. “Enough people signed those petitions to get it on the ballot and the people of Idaho are going to have their chance to speak. We’re comfortable with that, it’s as it should be.”

More than 74,000 signatures were collected on each of three petitions last spring to put the new Idaho laws to referendum votes.

Amid furor over the education reforms in 2011, Senate Majority Leader Bart Davis asked the attorney general’s office for guidance on how lawmakers should handle any proposed changes to the laws in the 2012 session.

Several states have permitted lawmakers to repeal or make changes to legislation that’s been referred to voters, while others have prohibited action while a referendum is pending, said deputy attorney general Brian Kane in an opinion issued last summer.

Idaho lawmakers should act in “good faith” and avoid changes that may be seen as an attempt to subvert the referendum, he said.

Davis requested the opinion to ensure any “legislative remedies” to the education bills were done in a way that was respectful of the referendum process, he said.

“I don’t know what will happen in November,” Davis said. “I just wanted us, as a legislature, to make sure that we’re respectful of the referendum process. It is protected in our constitution, it is the law, and that’s all my focus was on.”

State legislatures across the country tackled education reform last year, triggering teacher protests over proposed measures to restrict collective bargaining rights and teacher job protections. But Idaho approved some of the most sweeping changes.

The bills were signed into law amid outcry from parents, teachers and Democratic lawmakers, two of whom cited passage of the laws when announcing their retirements this year.

The changes included polarizing provisions that eliminated bonuses for educators who retire early; phased out tenure; and made student achievement half of a teacher’s job evaluation.

Idaho also ditched the “last hired, first fired” policy used in most districts for laying off educators, which means those with the most seniority could be in jeopardy. High school students will get laptops starting next year, but teachers are getting the devices first this fall.

When requesting the attorney general’s opinion, Davis predicted there would be tweaks to the laws.

“My experience teaches me in the years I have been here, that anytime you do serious rewrite of state policy, it takes a year or two for you to fully identify, and then sort through, some of the unanticipated consequences of the legislation,” Davis said. “I knew this year that would be likely, and that has turned out to be true.”

Lawmakers in 2012 have taken up legislation including:

— A bill allowing teachers with less than three years of experience to compete for leadership bonuses under the merit pay plan.

— A measure deleting language that says an online course instructor cannot be located in the same school in which the student is receiving the instruction.

— A measure clarifying parental involvement will become a factor in teaching evaluations after June 30.

There’s also a plan to keep Idaho from dipping into teacher salaries over the next several years to help fund the new technology and merit pay. Idaho senators voted 32-0 to reverse teacher salary reductions envisioned under the reforms, leaving lawmakers to find funding elsewhere for the education changes.

The Idaho Education Association supports the 2012 legislation aimed at reversing the salary cuts, though the union has repeatedly told lawmakers that overall, the reforms are flawed.

“Leaving the laws on the books will mean larger class sizes and fewer teachers wanting to work in Idaho,” IEA President Penni Cyr has said.

The fate of the legislation to reverse the salary cuts is unclear in the House, where lawmakers have hinted they may make changes. House Education Committee Chairman Bob Nonini has said he’s reluctant to place ongoing funding for the reforms in jeopardy.

Luna said he shares those concerns.

The price tag for the teacher pay-for-performance plan increases by $13 million next year, he said. The state will also have to put more funding toward technology while phasing in student laptops. Luna also wants to keep sending districts money to pay for things like Internet access, technology hardware and training.

“All of those things are critical,” Luna said. “Any law that is passed this year, I think we all want to make sure that it doesn’t put in jeopardy the funding of those priorities in the future. And so I think we’re all looking for our comfort level.”