Tag Archives: Constitution

Missouri Supreme Court Rules on Governor’s Ability to Withhold Funds During Year

The Missouri Supreme Court just ruled on a lawsuit regarding the Governor’s ability to withhold money appropriated for a fiscal year.  For a recent example, during the run up to the legislative veto session in September, Governor Jay Nixon announced that he would be withholding nearly $400 million from the state’s 2014 budget due to concerns over the misguided tax cut bill that he had vetoed earlier in the year.  The lawsuit stemmed from a similar withholding that occurred after the Joplin tornado.  Hit the jump for a walkthrough of the facts and an explanation of what the Governor’s withholding powers really are… Continue reading

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ACLU Weighs in on Missouri Student Transfers

If you read my previous article on Missouri’s student transfer law, you will know that just barely a month ago the Missouri Supreme Court upheld the statute that allows students in unaccredited districts to transfer to bordering accredited districts.  Since that time as many as 2600 students planned to leave the Riverview Gardens and Normandy school districts for neighboring districts.  In response, the Department of Elementary and Secondary Education issued guidance that purported to give districts guidelines for limiting the potential influx of new students.  Unfortunately, that guidance has now been called into question… Continue reading

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Teachers File Suit Against Proposed Missouri Constitutional Amendment

A group of four current and former teachers, including one teacher of the year who is about to be inducted into the National Teacher Hall of Fame, have filed a lawsuit against a proposed amendment to the Missouri constitution that has been approved for the 2014 ballot.  The ballot measure, number 2014-024, purports to enshrine teacher evaluation standards in the Missouri constitution.  However, the individuals challenging the initiative claim that the proposed amendment goes far beyond mere evaluation standards, wrests control of schools away from local districts, and places huge financial burdens on every district in the state.

All the details after the jump… Continue reading

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Billionaire Attacking Teacher Rights in Missouri

A retired financial industry executive and billionaire, Rex Sinquefield, has decided again to use his own personal fortune to attack the rights of middle-class teacher’s in Missouri.  Perhaps best known for comparing public education to the KKK or attempting to remove Missouri’s income tax and replace it with a “Everything Tax” that would blow a huge hole in Missouri’s budget, Mr. Sinquefield has chosen this year as the one to remove the basic procedural work protections that are provided to teachers in Missouri.  It’s time that we stop looking to hurt employees in Missouri and start looking for ways to make working conditions better for everyone.  Mr. Sinquefield’s route is not the way.

Hit the jump for the complete news release on the proposed changes to the Missouri constitution… Continue reading

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Social Media and Public Sector Employment

With the terrific title “Can’t Escape From the Memory” William A Herbert, the Deputy Chair of the New York Public Employment Relations Board, has created a thorough analysis of the interaction between social media use and public sector law.  Part of my job is traveling around Missouri and educating public school employees about the legal, and practical, realities of using social media.  Mr. Herbert’s paper does a great job of analyzing how social media use by public employees implicates free speech rights, privacy rights, and collective bargaining rights and is a must-read for public employees who regularly use Facebook, Twitter, YouTube, etc.  Unfortunately, the only state-specific labor information is for New York, Michigan, and Florida, so public employees in Missouri will need to keep in mind that our legal structures here are a bit different.

Hit the jump for a brief analysis of the differences for Missourians and the paper’s official abstract. Continue reading

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Filed under Collective Bargaining, Missouri, Social Media

Salary Schedule Credit for Out-of-State Teaching Experience

Missouri is somewhat unique in that its two major metropolises both straddle state lines, with one part in Missouri and another in either Kansas or Illinois.  Due to this geo-political quirk, nearly all professionals in Missouri are faced with the decision of whether or not to secure a license or certificate in one of Missouri’s neighboring states.  A recent case from the Third Circuit Court of Appeals identifies another aspect of work that could be affected by crossing state lines: placement on salary schedules.  See Connelly v. Steel Valley Sch. Dist., No. 11-4206 (3d Cir. Jan. 24, 2013).

Hit the jump for the “Show Me” the money goodness (Was that a pun within a pun?? Yes it was)… Continue reading

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