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'Luna Laws' on November ballot

October 13, 2012
Among the things Idaho voters are being asked to decide in this year's general election are three propositions on retain changes made last year to the state's education system, also known as the "Luna Laws," named after Idaho Superintendent of Public Instruction Tom Luna, who developed them.

The provisions of the three propositions were enacted last year; public outcry in opposition will allow voters to decide if the laws remain in effect.

While there's much more to each proposal, they are summed up on the ballot as follows:

Proposition 1: Shall the legislation limiting negotiated agreements between teachers and local school boards and ending the practice of issuing renewable contracts be approved?

Proposition 2: Shall the legislation providing teacher performance pay based on state-mandated test scores, student performance, hard to fill positions and leadership be approved?

And Proposition 3: Shall the legislation amending school district funding, requiring provision of computing devices and on-line courses for high school graduation be approved?

Touting them as "Students Come First" laws, Luna contends that passing these propositions will educate more students at a higher level with limited resources by reforming Idaho’s public education system. Through these laws, he says, the state and local school districts will make every classroom a 21st Century Classroom, ensure every student has access to a highly effective teacher every year in school, and give parents immediate access to understandable information about their child’s school and district.

Proposition 1, if passed, would retain numerous amendments to Title 33, Idaho Code, Education, particularly Chapter 5: District Trustees, Chapter 10:

Foundation Program -- State Aid -- Apportionment, and Chapter 12: Teachers.


These regard how school boards may negotiate with, hire and retain teachers. A "yes" vote would retain legislation limiting negotiated agreements between teachers and local school boards, ending the practice of issuing renewable contracts, phase out those currently in effect, effectively ending tenure as a criteria for teacher retention, and tie at least half of a teacher or principal's performance evaluation on how well students are doing in the class room.

Luna says this law returns local control and authority to locally elected school boards, parents, and patrons so they can make the best possible decisions for students in their communities. It also eliminates, he contends, ineffective or inefficient practices in Idaho's K-12 education system and ensures that any cost savings from these programs is put into the classroom, where it is needed most.

Opponents say Proposition 1 prevents teachers from negotiating with their school administrators about anything except for wages and benefits. It makes it illegal for teachers to negotiate class-size limits, student safety protections, lesson-planning time, and funding for basic classroom supplies.

Twin Falls Republican Representative Leon Smith said, "I've read this bill through from the first page to the last page. And as I went through the bill, it became more and more apparent to me that this is a very mean-spirited bill. It goes beyond bashing unions. It bashes teachers, and that to me is not a good direction to go. It turns teachers into powerless pawns of the political system.

"State Superintendent Tom Luna decided he doesn't want to listen to the people who know best: teachers and parents. He wrote these laws to silence the voices of teachers on issues like classroom overcrowding, safety, funding for up-to-date textbooks, and classroom supplies.

"Tell Superintendent Luna that making it illegal for teachers to discuss funding for the basics that help our students succeed is bad for our kids, bad for our schools and bad for Idaho."

Proposition 2, if passed, will retain IC 33-1004I, which establishes teacher performance pay based on state-mandated test scores, student performance, hard-to-fill positions and leadership.

According to proponents, this law recognizes that the most important factor in a student's academic success is the quality of the teacher in the classroom.

"The system we had before made it almost impossible to financially reward great teachers and difficult to deal with ineffective teaching," Luna said. "This law removes the barriers to both by implementing a statewide pay-for-performance plan. The Idaho Legislature provided an additional $38 million in new dollars to fully fund this plan. On average, each Idaho teacher can earn an additional $2,000 a year. Some teachers could earn as much as $8,000 in addition to their annual salary. Now local school districts have a way to recognize and financially reward great teachers for the job they do. An estimated 85 percent of Idaho's teachers will receive a bonus."

Not so fast, opponents say.

"Like the failed "No Child Left Behind" law, this proposal emphasizes standardized testing at the expense of our children's education, treating students like widgets on an assembly line. Each child is unique, and it takes a dedicated, highly-trained teacher to reach each one. We need to make sure our children are critical thinkers and lifelong learners, not just good test takers."

Proposition 3, if passed, would retain numerous amendments to Title 33, including those to 33-125, 33-129, 33-1002, 33-1002A, 33-1004, 33-1004A, 33-1004E, 33-1004F, 33-1020, 33-1021, 33-1626, 33-1627, and 33-5216.

Proposition 3 amends school funding to require "computing devices" (read "laptops"), and on-line courses for high school graduation.

"This law ensures every high school teacher and student has a wireless laptop device and every high school will be equipped with wireless internet accessibility," proponents say. "Teachers are provided with an unprecedented amount of professional development to learn how to use this technological tool to greatest advantage in their classrooms. This device becomes the textbook for every class, the advanced math calculator, the research device, the word processor, and the portal to a world of information and knowledge. No longer will Idaho's classrooms be the least technological part of a student's day."

If it stands, This law invests $9 million a year in advanced classroom technology for elementary and middle school classrooms.

Republican Finance Committee Chairman Senator Dean Cameron said, "I'm voting against this bill because ... not one stakeholder is supporting it - not the superintendents, not the school boards, not the teachers, not the parents. Every single stakeholder... has testified opposed to it."

In arguing against the measure, opponents say that this law is a costly unfunded mandate that could lead to higher property taxes, more funding cuts, and fewer teachers in our already financially strapped local schools.

"It requires us to trade teachers for computers, forcing local school districts to spend our tax dollars on expensive computer equipment and software. But as parents and teachers know, computers can't diagnose a learning problem, develop critical thinking skills, or motivate a child to get excited about learning.

"Proposition 3 puts our students last and big computer and online education corporations first. It requires local schools to give away expensive, taxpayer-funded laptop computers to every high school student in Idaho. Given that kids will be kids, it's estimated that equipment repairs and replacements will cost taxpayers a lot more than the politicians predict. It also requires our students to take online education courses - using tax dollars to fund unaccountable online education companies, at least one of which was caught outsourcing teaching jobs to India."

On each of these propositions, a "yes" vote will keep the so-called Luna Laws in place, a "no" vote would repeal them.
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