HB 7029 Becomes Law

It's kind of like this  "One small step for man (and this one individual conservative school board member), one giant leap for mankind (and conservative school board members throughout Florida!)


That is how huge this is to me......

HB 7029: Inside the Most Talked About Education Legislation in Florida for 2016

legislation that is built on multiple pieces of other related bills at the end of session is called  a "Train"

Everyone connected to education has something to say about HB 7029, the massive, omnibus education legislation that passed the House and Senate on the last day of this year's legislative session.  There are a lot of member priorities tucked into the law, as many bills that may not have passed on their own were added to the bill late in the game. That's how the sausage comes out of the hopper, that is how many bills end up becoming laws.

Of course I am very pleased with the membership association language that was included--this was absolutely necessary and long overdue.  Conservative school board members should not be forced to join high-priced,  taxpayer-funded membership associations that spend this money unwisely on needless litigation against the Governor and the Legislature.  We should have always enjoyed, as individually elected constitutional offices, choice in advocacy.   And now we do!

But many other aspects of the bill are equally appealing to reform-minded officials like me, such as the expansion of school choice opportunities that empowers students and families, school board member campus visits and inspections of schools language, classroom teacher transfer language that empowers parents, immediate athletic eligibility for students of military families that transfer into a Florida public schools, construction spending caps that force economy and efficiency for capital spending projects, and much, much more.

Of course, there are liberals and other guardians of the status-quo that think Governor Scott should veto HB 7029.  They don't like the way it was passed.  Thankfully,  most observers do not believe this bill will be vetoed.

Ironic how liberals that benefit tremendously from massive, pork-laden omnibus spending packages rammed through Congress in DC decry the method in which HB 7029 was passed through the Florida Legislature.  Yes, these liberals and other status quo guardians have NO PROBLEM with Harry Reid and his minions utilizing dirty tricks and opaque Senate rules to ram-rod  OBAMACARE through the Congress in secrecy with no open testimony or public scrutiny and without A SINGLE REPUBLICAN VOTE.  Yes, DC politics, when liberals drive the train and benefit from the process, is completely acceptable.  Yet a large bill that PASSED in Florida with large margins by Republicans and many Democratic supporters---HB 7029-- is somehow "unacceptable."

As Spock from Star Trek might comment on this rank hypocrisy  "Fascinating."

But I digress...

Our district's legislative affairs representative, Mixon and Associates, put together a very nice recap of all the items contained in HB 7029, which I will post below.  Long read, but lots of good information.

HB 7029: School Choice
Please note that the summary below is not in the order in which these elements are contained in the bill, rather they are grouped together by topic in order to aid in the dissemination of information to the staff responsible for implementation. Additionally, unless otherwise noted in this summary, the elements of the bill will take effect on July 1, 2016.
Membership Associations – bill lines 348-368
 Mandates that dues paid to a membership association which are paid with public funds must be assessed for each elected or appointed public officer and may be paid to a membership association.
 Requires that if a public officer elects not to join the membership association, the dues assessed to that public officer may not be paid to the membership association.
School Board Member Duties – bill lines 369-378
 Authorizes school board members to visit schools.
Educational Choice – bill lines 418-612, 1770-1806
 Authorizes parents to seek any public educational choice options for their children throughout the state.
 States that in addition to other choice programs, options for students also includes CAPE digital tools, CAPE industry certifications and collegiate high school programs.

HB 7029 Is Enrolled

The engrossed, enrolled version of the most talked-about education related legislation for 2016 is now available.  This bill, HB 7029,  can be viewed/downloaded here.

As I have discussed frequently on this blog, this bill is a game-changer for conservative school board members statewide, and eventually it will be for members nationwide as well.

And the vote and the events from Tuesday Night's Escambia County School Board meeting will reverberate far and wide in the struggle for individual, duly elected conservative school board members to choose whom it is (if anyone) that will receive their share of taxpayer funded dues memberships for advocacy/training/professional development.

Next up, after the Governor signs the bill, the implementation of the law will be huge.  I can't wait for July 1st!

(Pages 14- 15 of this 160 page bill are the critical parts of this pending law as it pertains to taxpayer funded membership dues)

Here's Why I Disagree With Expending $21,766 of Taxpayer Dollars for Dues

Although I appreciate the coverage this issue received in today’s Pensacola News Journal, there are numerous, important reasons why I do not want to be associated with the FSBA anymore.  There are numerous reasons why this year we need to wait before sending $21,766.00 in dues payments to FSBA ---via a simple “majority rules” vote---- three and on-half months early.

But first let’s start with my continuing dissatisfaction with FSBA.

Early on in my school board tenure, I attended most of their functions.  Problem for me was, the events were out of town, expensive, and frankly not really beneficial.  Nevertheless, I continued to participate in FSBA functions such as platform development and as the legislative liaison for Escambia County for two years.

Problem was, none of the fiscally conservative, pro-student, pro-school choice, pro-parent positions many board members put forth (myself included) ever made it on to FSBA’s platform.

Minority voices within FSBA (Conservatives) were not being heard, they were being drowned out.

FSBA’s platform essentially mirrored the platform positions of the entrenched special interests, unions, and the “Educrats”—aka the guardians of the status quo.

So I stopped attending the high-priced junkets to Orlando and Tampa to save taxpayer dollars.  I started doing my own research, independently working directly with legislators---because as an individual board member representing and elected by a conservative single member district, I felt this was my duty to my constituency.

But in order to be congenial with the other board members and at their request—I attended the FSBA Master Board training in 2009-2010, at a cost of thousands of dollars, and became “Master Board Trained.”

But I felt the lion’s share of the training was weak, and most of what they imparted was common-sense, garden variety information most of us already knew.

Fast Forward to 2012:  I’m the vice chairman of the Escambia County School Board, and I am with then Board Chair Patty Hightower in the office of one of the most powerful and well-respected members of the Florida Senate, discussing pending education legislation.  “Of all the groups that come here to Tallahassee to lobby us, out of all of these groups, I can think of none that is more ineffective than FSBA” stated this leader.   And the conversation devolved from there…but in a nutshell….his issue was my issue.  FSBA was taking adversarial stances against the legislators and 

Individual Freedom of Choice in Advocacy Language Passes The Florida Senate!

The Tampa Bay Times Buzz Blog and the Miami Herald both had articles covering the Senate’s passage of Don Gaetz’s HB 7029 yesterday--- a massive bill that has a lot of interest statewide.

Just before the Senate amended and passed this bill, individual freedom of choice in advocacy language was inserted by Sen Stargel as an amendment to HB 7029.  The bill, as amended, passed the Senate with notable support from Democrats Montord and Ring.

The Miami herald article was somewhat negative in their word choice regarding what this amendment would actually do---instead framing the issue as one group attempting to divert taxpayer money from another, more worthy recipient---as if this is somehow nefarious conduct.  News flash—FCSBM is a 501c3 just like FSBA is.  Also, the characterization of HB 1155 and SB 1426 as “Punitive” was also a disingenuous description at best, and a slap in the face of the Senators and Representatives that brought this important and desperately needed legislation to the session…    

From the Miami Herald article:

“Then with only minutes’ notice, Sen. Kelli Stargel, R-Lakeland, successfully added an amendment that could steer taxpayer dollars to the Florida Coalition of School Board Members — a rival organization to the Florida School Boards Association and whose members are more conservative, like the Republican-led Legislature. The provision was originally part of a separate bill (HB 1155) by Stargel that was ready for a Senate vote. That bill would have retaliated against the FSBA for previously suing the state over a voucher-like program that Republican lawmakers supported by barring the FSBA from using taxpayer money in future lawsuits. Facing scrutiny from Democrats and some Republicans, Stargel averted a possible defeat on that bill by postponing a planned vote”

The subject of most of the debate prior to the passage of the bill centered on the insertion of the individual freedom of choice language.  Most Democrats simply did not want to see that language

Political Ju-Jitsu in Tallahassee

The action in Tallahassee is heating up mightily as the session winds down for 2016.  Of continuing, particular interest to me is seeing language become law that respects individual constitutional officers’ right to choose, individually, whether or not to belong to a taxpayer-funded membership association.

The Senate adopted the language in the house-passed HB1155 on Tuesday which would have allowed individual freedom of choice in advocacy for conservative school board members like me.  Yesterday, just before the vote on this bill was to happen, Sen Stargel, the bill’s sponsor, TP’d the bill (temporarily postponed it).

“She’s whipping votes” was the reaction from several supporters present in the Gallery.

Shortly thereafter-she added individual freedom of choice in advocacy language from HB 1155 to Sen. Gaetz’s massive Train  HB 7029 as a floor amendment.  This amendment passed 28-12—with notable support from two Democrats (Montford, Ring).

Next, Gaetz’s massive bill went back to the House.  According to sources familiar with the events

Why Are We Being Asked to Pay FSBA Dues ($21,766 Yearly) Four Months Before they are Due?

It is a very simple question that will be asked at this Friday morning's special workshop.

My AAA membership runs through July 1st, I pay the renewal at the end of June.

My wife's magazine subscription expires at the end of may, so I pay the renewal in early to mid May?

Who in the heck pays a yearly membership renewal four months early?  Why are we being asked to pay FSBA's exorbitant invoice four months early this year??

I have a sneaking suspicion it is because there is a bill that has already passed overwhelmingly in the House and is on the Special Order Calendar for coming Tuesday in the Senate which would overhaul the way FSBA collects dues statewide.

SB 1426 (HB1155) -- Sponsored in the House by Eric Eisnaugle, Sponsored in the Senate by Kelli Stargel and Co-Sponsored in the Senate by our own Sen. Don Gaetz--will take effect upon becoming law and it will allow individual board members the option to "opt-out" of paying their individual portion of dues to membership organizations such as FSBA.

I have passionately championed the concept of this bill over the last two years in Tallahassee, locally, and statewide because business as usual and the status-quo must be challenged here!  FSBA joined the unions and other special interests recently, suing the state, the Governor and the Legislature challenging duly enacted legislation that benefitted 70,000 poor, primarily minority students.  They were using taxpayer money to fight Tallahassee leadership over OUR TAXPAYER MONEY. It is ridiculous!

Not only this, but FSBA has been unresponsive to conservative ideas put forth by conservative board members like me for a decade---and they charge a literal fortune for dues, collecting more than $1.2 Million in Taxpayer money yearly just for base level dues membership from School Boards around Florida.

Then, to add injury to insult, every other training and professional development conference they offer comes at an additional charge to taxpayers.  Gravy over the top, at your expense, Mr. Taxpayer.

Enough!

Some training (yearly ethics training) is offered for free by other School Board associations in Florida--yet the FSBA continues to charge their MEMBERS $155.00 each to receive their

Huge Day In Tallahassee Yesterday: Membership Association Bill Passes the House

Yesterday was a monumental day in Tallahassee:  The House of Representatives passed the Membership Association Bill (HB 1155)-- that I have been pushing for two years--- by an overwhelmingly large margin (78-36) , And then the  Senate Appropriations Committee blasted through the Senate’s version of this same bill (SB 1426)  in blistering fashion (less than two minutes --32:00 to 33:45-- of this video), with no debate.  The Senate bill then subsequently passed favorably out of committee by an overwhelmingly huge 14-1 margin-- with only one dissenting vote.

I just scratch my head and wonder why some folks just will not support this bill…..….

This bill allows freedom of choice in advocacy for School Board Members that are elected Constitutional Officers---the same sort of freedom of choice in advocacy that ALL other Florida Constitutional Officers currently enjoy!  (Florida property appraisers, for instance, have two separate and distinct statewide associations from which appraisers can pick; Senators and Representatives in the Florida legislature that are in the minority party are allowed to direct their portion (s) of state funded advocacy dues to “progressive” advocacy organizations  (see  minute 85:30 of this video )

Why shouldn't school board members enjoy the freedom of choice?

I thought progressives love “choice?”

 I guess “choice” is only “good” when it benefits them or a cause which progressives support. 

 Conservative school board members, according to the partisan vote totals I’m seeing in yesterday’s votes from Tallahassee, apparently should NOT enjoy “choice.” 

As Spock from Star Trek might have observed on this curious display of overt hypocrisy, “Fascinating.”

But I believe liberals and Conservatives-together with progressives- all should support this bill, because in this context choice is good and it is fair--there is no disputing this known fact of reality.

And I hope the full Senate will pass this bill and I certainly hope that Governor Scott will subsequently sign it into law.  

Membership Accountability/Individual Freedom of Choice in Advocacy Bills Filed for 2016 Session!

One of the really worthy bills from last year's legislative session that died when the Senate and House became deadlocked over the budget was HB 549.  It passed the house resoundingly  (85-28) but later died when the session was called early, prior to the Senate taking action on it.

This year, the bill has already been filed in the House by Rep Eric Eisnaugle (HB 1155), with a companion bill being filed in the Senate by Kelli Stargel (SB 1426).

Elected constitutional officers deserve to have choice in advocacy, and not be roped together into supporting high cost "association" groups that differ ideologically from individual elected officials and their constituencies.

As I have passionately stated in school board meetings, in the press, and in the offices of Florida legislators in Tallahassee----choice and freedom are hallmarks of our Constitutional Republic.

Allowing one group to monopolize the taxpayer funded educational advocacy business based simply on majority votes in school boards around the state is wrong; It alienates conservatives that are on

FCSBM offers Free Ethics Training for School Board Members

To be fiscally prudent with precious taxpayer dollars, I co-founded and serve as President of an organization that serves school board members statewide--the Florida Coalition of School Board Members.

Soon we will be launching our nationwide platform, The American Coalition of School Board Members, so that we can assist board members nation-wide while saving them taxpayer dollars simultaneously.

With today's technologies and readily accessible open-sourced resources on the internet, we believe strongly that prudent, fiscally conservative school board members should leverage such technology to augment their professional training and development as one way to save taxpayer dollars.

A great example of such wise stewardship is this:

Every year Florida School Board Members must take a required ethics course.  We at FCSBM have put together a FREE Ethics Taining Course utilizing readily available materials, already produced at taxpayer expense.  We recently received an opinion from the state Ethics Commission that validates our training program as one that meets the state requirement.

So we have amalgamated the program and we invite any school board member in the state to take this training for FREE!  If every Florida school board member took advantage of this opportunity, state taxpayers would save $58,000.00 dollars.

How?

Because other organizations charge their members $155 dollars to take this training online, on top of and in addition to the $3,000-$4,000 in yearly membership charges these same organizations hit the

FCSBM Releases Legislative Priorities for 2016

The Florida Coalition of School Board Members  (FCSBM) Legislative Task Force (LTF) has approved the following positions and priorities for the 2016 Legislative session. After a three day comment period by the voting members, it was unanimously ratified by the executive board October 27, 2015.

The 2016 platform can be characterized under three main themes: 

1. Flexible Accountability; 2. Equality; and 3. Freedom of Choice 

Select 2016 Legislative Positions & Proposals

• Assessment and Accountability -
  • Allow flexibility for Districts to use concordance scores on nationally normed assessments, including those offered with paper and pencil, to meet the statutory requirements of FSA.
  • Progressively raise Florida’s proficiency “cut scores” to align with, and surpass, the NAEP standard over a 4-year period. This allows years 1 & 2 to provide a “soft landing” as we transition to even higher levels of expectation.
  • Continue use of standardized test scores, including growth rates, as part of a revamped multi-factor accountability system, to include a “balanced scorecard” approach with transparent metrics outlining each aspect of the school and district grading system.

• Public Charter Capital Outlay Incentive - Districts that voluntarily and equitably, on a per-student basis, share capital outlay resources with public charter schools may levy up to 1.75 millage (vs 1.5 millage currently allowed). 

• Relating to Membership Organizations that Receive Public Funds - FCSBM believes that individual School Board Members should determine the organization, if any, to which their membership dollars flow. Repeat of HB 549 (2015) - Sponsors pending.

We believe these ideas will provide the unity and focus needed to drive legislation forward this year, furthering FCSBM's mission statement "Relentlessly Dedicated to Student Success" ^SM. 

The FCSBM Board is also pleased to announce commitments from key education lawmakers to join FCSBM Members for webinars and tele-townhall events during session.  FCSBM will provide the 'face time' you need to ensure School Board members have an effective voice in Tallahassee.

If you are a sitting school board member interested in volunteering for the Legislative Task Force in the coming year, please email Shawn Frost at info@shawnfrost.com

We look forward to your participation in these exciting times! 

Jeff Bergosh, School Board Member Escambia County, President of FCSBM
http://FCSBM.org

HB 549 and SB 1114: Bills that Facilitate Freedom of Choice in Advocacy

           


Today is a huge day in the legislature for a bill that will solve many problems for elected constitutional officers, school board members, who want more accountability from their advocacy associations;  more importantly,  school board members that want and deserve more choice in advocacy, particularly when taxpayer subsidized advocacy groups sue the Governor and Legislature in court, will now have this--if some dominoes fall the right way today.

              HB 549 is on the agenda for consideration today in the House, and an amendment will be added from the  floor that reads:

(4)  Membership association dues paid with public funds, as defined in s. 215.85(3), shall be assessed for each elected or appointed public officer. However, if a public officer elects not to join the membership association, the dues assessed for that public officer shall not be paid to the membership association.

HB 549 has a similar, companion bill  (SB 1114)  in the Senate that did not make the special order calendar for this week.  

Because of this, many of us from around the state will be putting on a "full court press" urging