Wednesday, March 21, 2018 LEADER … ·  · 2018-03-21LEADER. Wednesday, March 21 ... licensure system would allow a teacher and his/her school district to ask for an Out- ... The

LEADERWednesday, March 21, 2018

Inside ■ Janus court case could impact “fair share” fees

Page 2

■ Volkswagen settlement would provide bus grants

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■ MSBA seeking school districts’ salary survey data

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■ Learn to lead through MSBA’s Workshop Series

Page 5

Cybersecurity webinar scheduled for April 11

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CalendarApril 12: Phase IV Workshop (Bemidji)

April 13: Phase III Workshop (Bemidji)

April 14: Phase III Workshop (St. Cloud)

April 17: Phase III Workshop (Marshall)April 19: Phase III Workshop (St. Peter)

PELSB gives extensions for permissions, waivers, exceptions, and variances

Licensure

MSBA Day at the CapitolSee Page 8 for images and information from MSBA Day at the Capitol, held Monday, March 19, in St. Paul.

On March 9, the Professional Educator Licensing and Standards Board (PELSB) voted to grant one-year extensions for all permissions, waivers, variances, or temporary limited licenses in effect on January 1, 2018. This action allows school districts to post these positions this spring and — if no licensed individuals apply — keep the current individuals in the positions for the 2018-19 school year without having to apply for a permission or variance. Please keep in mind that permissions, waivers, variances, or temporary limited licenses are both school district and license specific (e.g., a teacher currently on a variance to teach a social studies class cannot use the variance to teach math next year).

PELSB’s action, unfortunately, does not help school districts that will need to ask a licensed teacher to teach outside his/her area of licensure in the 2018-2019 school year. The law that allows for such variances

is repealed on July 1, 2018. The new tiered licensure system would allow a teacher and his/her school district to ask for an Out-of-Field Permission, but PELSB has yet to complete the rulemaking process needed to implement this new system. Lacking rules, it is unclear how a school district would proceed to fill the positions for which no licensed teachers apply. MSBA is currently

Bill KauttAssociate Director of Management [email protected]

Terry MorrowAssociate Director of Management and Policy [email protected]

See PELSB, Page 4

Page 2 Wednesday, March 21, 2018

The U.S. Supreme Court is expected to deliver its opinion in Janus v. AFSCME Council 31, a case involving collective bargaining units and fair share fees, before the end of June.

Under Minnesota law, public employees who decline full union membership are required to pay a “fair share” fee. The fair share fee is intended to cover the costs of negotiating and enforcing union contracts, but not the costs associated with union political activity.

Mark Janus, an Illinois government worker, challenged Illinois’ fair share

law, claiming that it infringes upon his First Amendment right to not support a union whose political message he does not share.

If the U.S. Supreme Court upholds Janus’ position and prohibits states’ fair share laws, Minnesota school districts will be required to immediately stop deducting fair share fees as part of

the payroll process. School district superintendents and business officers will need to notify employees that the fair share fees will no longer be deducted.

If payroll is in process when the Supreme Court issues its ruling, the district will need to work with its bargaining units and employees to refund the fair share fee deduction.

Please note that the Janus case will impact fair share fees only — it will not impact collection of union dues from union members.

Terry MorrowAssociate Director of Management and Policy [email protected]

Janus case could impact “fair share” feesLegal

REGISTER TODAYwww.nsba.org/conference

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Terry BradshawSATURDAY, APRIL 7

Ann ComptonSUNDAY, APRIL 8

Julián CastroMONDAY, APRIL 9

General Session Speakers

THE CONFERENCE FOR PUBLIC EDUCATION LEADERS

The contents of this newsletter are provided for informational use only and are not to be construed as legal advice. If you need legal advice, consult your attorney.

Wednesday, March 21, 2018 Page 3

We want to update you on some recent news related to the Volkswagen settlement. The state of Minnesota’s share of the Volkswagen emission settlement was $47 million. Gov. Mark Dayton designated the Minnesota Pollution Control Agency (MPCA) to manage the settlement funds, which will be spent over 10 years on projects to offset the excess pollution from the violating vehicles.

After seeking input from stakeholders, which included MSBA (see letter from MSBA Executive Director Kirk Schneidawind), Minnesota’s plan is structured into three phases, so the MPCA can seek additional input and make changes as needed along the way.

The three phases are:■ Phase I: $11.75 million (25 percent of all funds) — 2018-2019■ Phase II: $23.5 million (50 percent) — 2020-2023■ Phase III: $11.75 million (25 percent) — 2024-2027

The program would provide grants for the replacement of school buses up to $10,000 each, or $15,000 each for operators serving school districts where 40 percent of students are eligible for free or reduced-cost lunch. All Minnesota school bus operators, including public and private schools, are eligible.

It is important to note that the state’s ability to fund projects in each category at the target levels will depend on the applications received and interest by vehicle and equipment owners. The exact percentages may change based on the demand. The table above reflects the preferred investment scenario, but if they do not receive sufficient applications in a category, the MPCA could shift funds between the grant program proposal.

The application process for schools has not yet been completed, due to the fact that the MPCA is still in an open comment period. MSBA expects an application process will be developed and available in summer 2018.

Volkswagen settlement would provide bus grantsLegal

Minnesota grant categories

(2018-2019) Settlement category Eligible fuels

2018-2019 grants (Phase 1)

Targeted Percent*

Targeted dollar amount

School bus replacement program School buses All (diesel, propane,

natural gas, electric) 20% $2,350,000

Clean heavy-duty on-road vehicles program

Transit buses, class 4-8 trucks

All (diesel, propane, natural gas, electric) 35% $4,112,500

Clean heavy-duty off-road equipment program

Switcher locomotives, ferries, tugs, forklifts, port cargo handling equipment, ocean-going vessel shore power, Diesel Emission Reduction Act (DERA)

All (diesel, propane, natural gas, electric) 15% $1,762,500

Heavy-duty electric vehicle program

School buses, transit buses, trucks, airport ground support equipment

Electric 15% $1,762,500

Electric vehicle charging stations

Zero-emission vehicle infrastructure Not applicable 15% $1,762,500

Total: $11,750,000

*Percentage of available settlement funds targeted at these activities for 2018-2019

Page 4 Wednesday, March 21, 2018

By MSBA staff

Of the 334 school districts in the state, MSBA has heard nearly half have settled their 2017-2019 teachers’ Master Agreements. However, MSBA has only received teacher settlement data from 119 school districts. In addition to the Teacher Settlement Data, MSBA is requesting Administrative Salary Survey data from school districts.

In order to provide members with meaningful data, MSBA encourages school districts to complete the 2017-2019 Teacher Settlement Survey and the Administrative Salary Survey. Each school district’s designated contact may access these surveys on MSBA’s website (www.mnmsba.org). The school districts’ designated contacts will need to log in to their member’s account, hover over the “Resources” tab,

and select “Data Hub.” Once logged in, the surveys may be completed by clicking on the gray “Data Request(s)” box on the right side of the page.

Please make the submittal of this information a priority in your school district. If the school district’s designated contact(s) has any issues accessing the surveys or if the school district needs to update its designated contact person(s), please contact Joel Stencel ([email protected]) or Sue Honetschlager ([email protected]) at 507-934-2450.

Below is a brief summary of the statewide averages for the 2017-2019 teacher salary settlement data of the 119 reporting school districts. All MSBA members may access the compiled survey data by logging in to MSBA’s website and selecting “Data Hub” under the “Resources” tab.

MSBA seeking teacher settlement, salary survey dataNegotiations

* Increase Averaged by School District: Each school district has the same weight in the averaging calculation regardless of school district size.

** Increase Averaged by Reported FTEs: All reported school district data is aggregated and then divided by the total FTEs. Larger schools have a greater weight in the average.

AVERAGE COSTS PER FTEIncrease Averaged

by Reported FTEs **Increase Averagedby School District *

Salary Benefit Package Salary Benefit Package

Year One 2,175 709 2,885 2,447 788 3,236Year Two 2,047 654 2,702 2,573 791 3,365Incremental Total 4,223 1,364 5,586 5,021 1,580 6,600

Cumulative Total *** 6,398 2,073 8,471 7,468 2,368 9,836

Average Total 61,461 19,003 80,464 69,846 22,860 92,705

Learning

addressing these concerns with PELSB staff and is following and contributing to the rulemaking process.

MSBA will continue to update school districts throughout

the spring. Please contact Bill Kautt or Terry Morrow at 800-324-4459 if you have questions. Also, you can contact Alex Liuzzi (651-539-4180) or Debby Odell (651-539-4205) of the PELSB staff.

(Continued from Page 1)PELSB: Direct questions to MSBA’s Bill Kautt and Terry Morrow or to PELSB staff

A lack of trust is costly to school districts. Learn about the competitive advantage of “The Trust Edge” through MSBA as we partner with the Trust Edge Leadership Institute for The Trust Edge for School Districts workshop.

This one-and-a-half day workshop will be held on Sunday, April 29 (6:30 p.m. to 9:30 p.m.) and Monday, April 30 (8:30 a.m. to 3:30 p.m.) at the MSBA office (1900 West Jefferson Avenue in St. Peter). Registration is limited to the first 30 pre-registered individuals. No walk-ins will be accepted. Visit www.mnmsba.org/TheTrustEdge for more information.

Learn how you can gain the Trust Edge through MSBA workshop in April

*** Cumulative Total: Represents the total cost incurred over two years = Year one increase + Year one increase + Year two increase.

Wednesday, March 21, 2018 Page 5

PHASE 4■ Thursday, April 12 — BemidjiAdvance registration closes April 6■ Friday, April 20 — St. PeterAdvance registration closes April 16■ Saturday, April 21 — St. CloudAdvance registration closes April 13

• TeachesaBoardtoWorkasaTEAM

• Helpsboardmemberstounderstanddifferentpersonalitytypes

• Putsafocusonbig-pictureworkforboards,notmicromanaging

Register your board for the latest MSBA School Board Workshops!

PHASE 3■ Friday, April 13 — BemidjiAdvance registration closes April 6 ■ Saturday, April 14 — St. CloudAdvance registration closes April 6■ Tuesday, April 17 — MarshallAdvance registration closes April 10■ Thursday, April 19 — St. PeterAdvance registration closes April 16

Building a High-Performance School Board Team

Representing Your Community Through Policy and Engagement• Focusesboardsonpolicytoachievestudentgoals

• Givesyourboardawalk-throughonanengagementactivity

• Helpsboardstounderstandmediaandopenforums

Register at www.mnmsba.org today!

Need to take them out of order? No problem!

PHASE IV

PHASE III

Finishing the Leadership Series earns you a Leadership Development Certificate

Learning

Page 6 Wednesday, March 21, 2018

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MSBAIT Matters

Wednesday, March 21, 2018 Page 7

IRS issues HSA contribution change for high-deductible plan coverageSource: National Insurance Services

The Internal Revenue Service (IRS) has issued a reduced contribution limit for health savings accounts (HSAs) impacting individuals with family coverage. The Tax Cuts and Jobs Act passed late last year has changed the Consumer Price Index which impacts HSA limits for 2018. For employees with family coverage under a high

deductible health plan (HDHP), their contribution limit is now $6,850 — reduced from $6,900. All other HSA and HDHP limits will remain the same for 2018.

If you provide HDHPs with family coverage to your employees, please notify them of the change. If they have already contributed $6,900 to their HSA for 2018, they must receive a refund of

the difference to avoid an excise tax.Visit http://blog.nisbenefits.

com/irs-issues-hsa-contribution-change-for-hdhp-family-coverage to access documents related to the reduced contribution limit and to download the National Insurance Services’ Compliance Bulletin for detailed information and to contact a representative for questions.

MSBA, Marsh hosting cybersecurity webinar on April 11MSBA is partnering with Marsh

& McLennan Agency, LLC to bring members a free webinar, “Cybersecurity: What School Districts Need to Know,” scheduled for noon Wednesday, April 11.

Marsh & McLennan’s Daniel Hanson will be presenting the webinar.

This webinar will cover:■ Why ransomware attacks are

increasing.■ Why school districts are top targets.■ What preventive measures school

districts can take.■ What school districts should do

once a data event has occurred.

■ What help school districts will need once a data event has occurred.

■ Why insurance coverage is needed and why school district and private business policies should be different.

Register for this webinar now at https://attendee.gotowebinar.com/register/6031294457741392643.

An important part of the risk management process is placing responsibility for an event with the negligent party. Contracts usually include a written agreement confirming the contractor or vendor accepts responsibility for his or her actions by stating he or she will “hold harmless” and agrees to keep in place adequate insurance coverage. A certificate of insurance provides written verification of the coverage and liability limits.

Why should a school district request a certificate of insurance?

A certificate of insurance provides written verification of insurance coverage and limits. If the vendor, service provider, contractor, or tenant does not have adequate insurance in place, the party who sustained damage or injury can approach the school

district for compensation. What should you review on the

certificate of insurance?At a minimum review:1. Name and address of the school

district as the certificate holder.2. Name of the insurance company for

each applicable line of coverage.3. A policy number for each line of

coverage, expiration date, and limits of liability.

4. Signature of an authorized person by the insurer to evidence insurance coverage.

5. Notification for a change or

cancellation in coverage. Example: “A minimum of 30 days’ advance notice will be given of any substantial change or cancellation.”

Who should provide a school district with a certificate of insurance?

1. Construction services2. Maintenance services (examples:

maintenance contractors, painters, plumbers, landscapers, environmental contractors and consultants)

3. Food services 4. Professional services (examples:

architects, auditors, engineers, attorneys, nurses)

5. Transportation services6. Technology services7. Private citizens, organizations or

other groups using your facilities8. Security services9. Others, as appropriate.

Use a certificate of insurance to help protect your school districtDenise DrillDirector of MSBAIT/ Financial [email protected]

See Page 10 to learn more about the MSBA Insurance Trust (MSBAIT).

Page 8 Wednesday, March 21, 2018

More than 60 school board members and superintendents advocated for public education during the MSBA Day at the Capitol on Monday, March 19, in St. Paul. Participants received advocacy tips and policy and funding updates from MSBA Executive Director Kirk Schneidawind and the MSBA Government Relations staff (Grace Keliher, Denise Dittrich and Kimberley Dunn Lewis).

Also, MSBA members heard from experts on key education issues, such as school safety (from Minnesota School Safety Center staff), special education funding (from the Minnesota Department of Education’s Tom Melcher), pensions (from the TRA’s John Wicklund), and federal taxes (from the Minnesota Department of Revenue’s Paul Cumings).

MSBA also arranged for school leaders to meet with a number of notable legislators: Speaker of the House Kurt Daudt, Senate Majority Leader Paul Gazelka, Sen. Eric Pratt, Rep. Jenifer Loon, Rep. Sondra Erickson, Rep. Roz Peterson, Rep. Paul Marquart, Rep. Mary Kunes-Podein, Rep. Dean Urdahl and Rep. Jim Nash.

School board members and superintendents also arranged to meet with their local representatives individually to discuss education issues and advocate for public school students.

Mankato Area School Board member Ann Hendricks — who attended Day at the Capitol along with two of her board colleagues, Judi Brandon and Darren Wacker — had this to say about the event: “What a great day! Thank you MSBA for the work that you do and the professional development that you provide to board members. I appreciated every minute today. I just returned from our school board meeting, but I am still energized from the day.”

School board members and superintendents heard from a number of experts on “hot topic” issues, such as school safety from Minnesota School Safety Center Director Randy Johnson (left), during MSBA Day at the Capitol in St. Paul.

Red Wing School Board member (and MSBA Board Director) Heidi Jones, West St. Paul-Mendota Heights-Eagan Area School Board member Stephanie Levine and Wayzata School Board member Andrea Cuene were among the members that discussed education issues with legislators during MSBA Day at the Capitol — including Sen. Eric Pratt (center) and Rep. Roz Peterson (far right, pictured with MSBA’s Denise Dittrich).Sen. Pratt is the chair of the Senate E-12 Policy Committee and a former school board member at Prior Lake-Savage Area. Rep. Peterson, a former Lakeville Area School Board member and MSBA Board Director, serves on the House Education Finance Committee.

MSBA Day at the Capitol

The Leader is published as a member service by the Minnesota School Boards Association, 1900 West Jefferson Avenue, St. Peter, MN 56082. The Leader is edited by Associate Director of Communications Bruce Lombard. Call 800-324-4459 with any questions.

Job openings, Marketplace notices and other information can be emailed to [email protected] or faxed to 507-931-1515.

Job Openings

Superintendents ■ Belgrade-Brooten-Elrosa — superintendent (application deadline: March 30)■ Bemidji Area — superintendent (application deadline: April 9)■ BOLD — half-time interim superintendent (application deadline: March 21)■ Mahtomedi — superintendent (application deadline: April 6)■ Princeton — superintendent (application deadline: March 30)■ Truman — superintendent (application deadline: open until filled)■ Underwood — part-time superintendent (application deadline: April 9)

Principals■ Bagley — elementary school principal (application deadline: April 12)■ Long Prairie-Grey Eagle — secondary school principal (application deadline: open until filled)■ Mahtomedi — elementary school principal (application deadline: March 26)■ Sauk Rapids-Rice — high school principal (application deadline: March 26)

Other Administrators ■ Becker — director of business services (application deadline: March 23)■ Mankato Area — director of food services (application deadline: April 9)■ Sauk Rapids-Rice — director of business services (application deadline: March 23)

Visit www.mnmsba.org/DistrictJobOpenings for application information.

Visit www.mnmsba.org/MSDLAF for the latest Minnesota School

District Liquid Asset Fund Plus rates.www.facebook.com/mnmsba www.twitter.com/mnmsba

Find your next school leader with MSBA’s Executive Search ServiceThe MSBA Executive Search Service provides a collaborative and efficient search process that supports school boards in fulfilling one of their most important school board responsibilities — hiring a superintendent. For details, please visit www.mnmsba.org/ExecutiveSearchService or contact Sandy Gundlach at [email protected].

Wednesday, March 21, 2018 Page 9

Census Day is April 1, 2020, and counties and local governments need to begin organizing to ensure that everybody in their jurisdictions gets counted. The Association of Minnesota Counties (AMC) — along with MSBA and other partners — have scheduled a series of regional seminars that covers what local governments need to do to ensure a complete count.

The “What You Need to Know for the 2020 Census: Organizing for a Complete Count” seminars will feature Minnesota State Demographer Susan Brower. These seminars are free, but advance registration is required through AMC. Please visit www.mncounties.org/meetings_and_education/census_2020-prep_for_cities_and_counties_state_demographer.php for more information and registration. The final workshops are scheduled for April 11 (Marshall) and April 12 (Mankato).

Association of Minnesota Counties hosting free 2020 Census webinar

Protection assurance when you need it.

Denise [email protected]

Gary [email protected]

Find out what MSBAIT can do for your district.Call 800-324-4459 or email one of

your MSBAIT representatives today.

www.mnmsba.org/MSBAIT

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Page 10 Wednesday, March 21, 2018