Budget
Brief: Subcontracting of K-12 Work
Update: JFC Removed Subcontracting from
budget
Subcontracting Educational Services:
The 1999-2001 budget bill (AB 133) authorizes school boards to contract
with nonsectarian private schools and agencies to provide educational
programs. Boards must ensure that each private school or agency complies
with pupil records and pupil nondiscrimination laws, certain federal
laws and all health and safety laws and rules that apply to public schools.
In addition, the governor's budget makes any decision of a school board
to contract with a private nonsectarian school or agency to provide
educational programs a prohibited subject of bargaining as it relates
to impact over wages, hours or conditions of employment.
WEAC Position:
The Wisconsin Education Association Council is opposed to the provisions
in the budget bill (AB 133) expanding the authority of school boards
to subcontract for educational services. We ask that legislators remove
these subcontracting provisions from the budget bill (AB 133).
The Joint Finance Committee voted to eliminate the prohibited subject
of bargaining language from the budget bill on April 20, 1999. WEAC
strongly supported this action.
Talking Points:
- Current law provides that teaching services must be performed by
licensed teachers employed by school districts. School district
employees are covered by existing collective bargaining agreements
and laws which allow them to negotiate their wages, hours, and conditions
of employment.
- Employees working under a subcontract would not be considered
school district employees. This provision could have consequences
relating to the wages, hours and conditions of employment, and may
exclude a contracted employee’s ability to participate in the
Wisconsin Retirement System.
- Under existing Wisconsin statute 120.13 (school board powers),
a school district may contract with private education services
upon the approval of the State Superintendent of Public Instruction
for education services which are not available in the schools in which
the pupils are enrolled. Wisconsin statute 66.30 also authorizes school
districts to contract with other governmental units for the provision
of educational services.
- Subcontracting initiatives are often aimed at educational support
staff and paraprofessionals to avoid paying negotiated wages and
benefits.
- Entire schools have been contracted out to private managers.
For instance, in 1992, Education Alternatives, Inc. (EAI) contracted
to manage nine public schools in Baltimore, Maryland. Special education
programs were eliminated. And, in some cases, paraprofessional and
teachers were forced to transfer. Subsequently, EAI was required to
pay back a total of $500,000 to the school district of Baltimore.
After a state audit was completed, EAI was charged with using faulty
procedures to calculate inflated enrollment figures under its contract
with the district.
- Since private employers often pay lower wages they have high
staff turnover. Children learn best in environments where they
have consistent daily contact with adults they know and trust. High
turnover is confusing and disruptive to student learning.
For Further Information:
Contact Bob Burke in the WEAC Government Relations Division at 800-362-
8034 ext. 254 or by e-mail at burkeb@weac.org
with any reactions, comments or questions.
Posted March 22, 1999; Updated April 20.
