wednesday, june 19, 2019 leader · 6/19/2019 · the wage theft law includes some new requirements...
TRANSCRIPT
LEADERWednesday, June 19, 2019
Inside ■ Wage Theft Law willrequire notices to be sent to employees
Page 2
■ Summer Seminar learningopportunities offer many reasons for you to attend
Page 3
■ Reminder: March 2020deadline to restate 403(b) plan documents
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■ Apply for cash flowborrowing pool by June 20
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CalendarAugust 4: Summer Seminar Early Bird Session (Brooklyn Park)August 5: Summer Seminar and Phase I Workshop (Brooklyn Park)August 6: Phase II Workshop and Charter Workshop (Brooklyn Park)
Summer Seminar
See CORLEY on Page 2
Learn about B OLD Leadership; get motivated for a new year
Summer Seminar Keynote Speaker Jolly Corley said most people join a board or get into education to do really great things to really impact kids and the future. They want to change the world.
“Sometimes, we tend to get into
a to-do list mode — rather than looking at our vision and dreams. To-do lists are important, but they really don’t change the world too much — they can even be stagnant and get us into a cycle where we’re not being
Referendums
Reauthorizing board approved referenda no longer needed for most districts
In an effort to simplify education funding, the 2019 legislature passed a law that makes board-approved referendum a permanent part of local optional revenue, which means that school boards (all but 16 districts) will no longer need to pass a resolution to reauthorize board-approved referenda.
The $300 will automatically transfer to local optional revenue -- with no changes to revenue or equalization.
In the past, boards had to reauthorize the funds because of the five-year limit on the authorization.
For those 16 districts needing to reauthorize, this resolution is in the MSBA Service Manual in Chapter 13D. Just download Attachment H, have it approved by your school board, and submit it to the Minnesota Department of Education by June 30 or earlier.
Greg AbbottDirector of [email protected]
Jolly Corley
Page 2 Wednesday, June 19, 2019
See NOTICE, Page 4
(Continued from Page 1)
The Wage Theft Law includes some new requirements and amends existing wage and hour laws. For example, effective July 1, 2019, Minnesota employers will be required to provide notices to employees -- see below the amendments to Minnesota Statutes 181.032 and 177.30 (language to be deleted; new language).
Additional information regarding the Wage Theft legislation may be found on the Minnesota Department of Labor and Industry’s website -- http://www.dli.mn.gov/business/employment-practices/wage-theft-legislation- 2019-and-summaries
181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE TO EMPLOYEE.
(a) At the end of each pay period, the employer shall provide each employee an earnings statement, either in writing or by electronic means, covering that pay period. An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee’s regular working hours to review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but must include:
(1) the name of the employee;(2) the hourly rate or rates of pay (if applicable) and basis
thereof, including whether the employee is paid by hour, shift, day, week, salary, piece, commission, or other method;
(3) allowances, if any, claimed pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
(4) (5) the total amount of gross pay earned by the employee during that period;
(5) (6) a list of deductions made from the employee’s pay;(6) (7) the net amount of pay after all deductions are made;(7) (8) the date on which the pay period ends; and(8) (9) the legal name of the employer and the operating
name of the employer if different from the legal name;(10) the physical address of the employer’s main office or
principal place of business, and a mailing address if different; and
(11) the telephone number of the employer.
(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form. Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.
Wage Theft Law changes will require notices to be sent to all employees
Employee Notices
more bold in our leadership.”And by “bold,” she means taking a look at how we’re
leading. Corley said people need to ask themselves, “What is it that am I doing that is impactful?”
Ask yourself if you are moving forward, or are you caught up in a to-do list, she said.
Corley wants people to walk away from her presentation by being honest with themselves about what they are doing — and why they are doing it.”
She wants people to look at their impact.“Not just their impact at school and what they are doing
with their career,” she said, “but also the impact on their personal life — because those all interact so much.”
Corley added: “I want school leaders to start looking at those things together rather than, ‘this is my work life and this is my home life.’ We need to learn how those impact each other and the dreams and the goals that we have for our lives.” Summer Seminar is Monday, Aug. 5, at the Minneapolis Marriott Northwest in Brooklyn Park.
CORLEY: What are you doing that’s impactful?
Amy Fullenkamp-TaylorDirector of Management [email protected]
Wednesday, June 19, 2019 Page 3
SUMMER SEMINARMinneapolis Marriott Northwest7025 Northland Drive North, Brooklyn Park
BOLDLeadership
Keynote speakerJolly Corley“BoldLeadershipin Action”
Keynote speakerSusan Brower“ChangingStudentDemographics”
Why you should register TODAY!■ Learn how to make your leadership impactful ■ Get up-to-date on how the 2019 Legislative Session will impact school districts ■ See how your district demographics are changing and how you can adjust to help all students ■ Network with other board members and become MOTIVATED for a new school year
Register for the seminar and reserve your hotel room today at
www.mnmsba.org/SummerSeminar!
Early Bird speaker(Sunday, August 4)
Bukata Hayes“Diversity, Equity, and Inclusion”
Monday, August 5, 2019
Page 4 Wednesday, June 19, 2019
(d) At the start of employment, an employer shall provide each employee a written notice containing the following information:
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or other method, and the specific application of any additional rates;
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
(4) the employee’s employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be made from the employee’s pay;
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay day on which the employee will receive the first payment of wages earned;
(7) the legal name of the employer and the operating name of the employer if different from the legal name;
(8) the physical address of the employer’s main office or principal place of business, and a mailing address if different; and
(9) the telephone number of the employer. (e) The employer must keep a copy of the notice under
paragraph (d) signed by each employee acknowledging receipt of the notice. The notice must be provided to each employee in English. The English version of the notice must include text provided by the commissioner that informs employees that they may request, by indicating on the form, the notice be provided in a particular language. If requested, the employer shall provide the notice in the language requested by the employee. The commissioner shall make available to employers the text to be included in the English version of the notice required by this section and assist employers with translation of the notice in the languages requested by their employees.
(f) An employer must provide the employee any written changes to the information contained in the notice under paragraph (d) prior to the date the changes take effect.
177.30 KEEPING RECORDS; PENALTY.(a) Every employer subject to sections 177.21 to 177.44 must
make and keep a record of:(1) the name, address, and occupation of each employee;(2) the rate of pay, and the amount paid each pay period to
each employee;(3) the hours worked each day and each workweek by the
employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;
(4) a list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies;
(5) a copy of the notice provided to each employee as required by section 181.032, paragraph (d), including any written changes to the notice under section 181.032, paragraph (f);
(6) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; and
(5) (7) other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435. The records must be kept for three years in or near the premises where an employee works except each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project.
(b) All records required to be kept under paragraph (a) must be readily available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with this paragraph within 72 hours.
(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $5,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer’s business and the gravity of the violation shall be considered.
(d) If the records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due an employee, the commissioner may make a determination of wages due based on available evidence.
(Continued from Page 2)
NOTICE: Several changes have been made to the Wage Theft Law
Wednesday, June 19, 2019 Page 5
MSBA would like to again remind school districts that 403(b) plan documents must be restated/renewed every six years, and the first restatement deadline since the passage of the 403(b) rules is March 31, 2020.
It is very important that all employers, including school districts, restate their 403(b) plan documents before the deadline.
On May 7, 2019, MSBA and Educators Benefit Consultants (EBC) co-hosted a “Restating Your School District’s 403(b) Plan Document” webinar.
During the webinar, EBC Vice
President Paige McNeal walked attendees through what districts need to find, review, and consider prior to amending/restating their current 403(b) plan documents.
Visit www.mnmsba.org/Webinars to access a recording of the webinar.
As a follow-up to the webinar, MSBA coordinated regional meetings facilitated by McNeal. There is only one
meeting left (see accompanying box).This in-person working meeting will give attendees an opportunity to dive deeper into the items discussed during the webinar, such as, McNeal will go through the adoption agreement and the appendix question-by-question.
Deadline is March 2020 to restate 403(b) plan documentsEmployment
Amy Fullenkamp-TaylorDirector of Management [email protected]
Regional Meeting for Restating 403(b) Plan Documents
■ Thursday, July 18 (9 a.m. to noon) — SWWC Service Cooperative, 1420 East College Drive, Marshall
RSVP to [email protected] to register.
In May, the U.S. Department of Education announced the 2019 Green Ribbon Schools, honoring schools across the nation that are leading the way in reducing environmental impact, promoting health, and ensuring high-quality environmental education programming that prepares students with sustainability skills and concepts.
Forest Lake Area High School is among the 35 schools, 14 districts, and four postsecondary institutions across the country to receive this honor.
“I continue to be impressed with our students and their dedication and creativity when it comes to finding possible answers to our most complicated problems, including sustainable solutions for a healthier environment,” said Minnesota Department of Education (MDE) Commissioner Mary Cathryn Ricker.
“I congratulate Forest Lake Area High School on this prestigious recognition. Thank you for your efforts in making Minnesota and our planet a better place for us all.”
Visit https://content.govdelivery.com/accounts/MNMDE/bulletins/2469813 for more information.
Minnesota’s distinguished high school students honored
Fifty-two distinguished Minnesota high school students were honored at the Scholars of Distinction award program in the areas of Science, STEM, Social Studies, Leadership and Theater Arts.
Of the 52, three students received
distinctions in more than one category.The Scholars of Distinction selection
process is overseen by the MDE.To earn recognition, a student must complete required work in Minnesota’s academic standards, demonstrate mastery of complex subject matter, and apply their knowledge and skills on a challenging project. Experts in each category read and score the applications, and students are awarded a medal and certificate. A ceremony was held by MDE at the Perpich Center for Arts Education to honor the scholars.
All students who wish to apply for a Scholar of Distinction Award can find more information at https://education.mn.gov/MDE/fam/gifted/sod.
See https://content.govdelivery.com/accounts/MNMDE/bulletins/2466b39 for the complete list of honorees.
Forest Lake Area High School recognized as a 2019 Green Ribbon School; 52 students honored as Scholars of Distinction
Minnesota Department of Education
Help MSBA prepare for its centennial at the 2020 Leadership Conference by sharing interesting images from your school’s history. Send your images by email to Greg Abbott at [email protected].
Send classroom photos from the 1900s, a yearbook photo from the hippie era, a picture of a stately school building in your history, a
photo of your school board from the 1950s or 1970s, a big event when the commissioner of education or the governor came to visit your school or board, or a photo of your science classroom during the “space race” era.
We’ll take your images through August 31 and feature some in The Leader, some in a powerpoint at our 100th reception in the Exhibit Hall, and
even a few in our Journal magazine. Next year, we’ll be learning from our past, and leading into the future!
Page 6 Wednesday, June 19, 2019
Help MSBA prepare for its Centennial
The Minnesota Department of Human Services and the Minnesota Department of Management and Budget are looking to partner with school districts or collaboratives of schools to offer a social emotional learning-based curriculum for middle schoolers to promote positive mental health and prevent substance abuse.
Programming would start in fall 2020. The state will cover the costs to implement the curriculum for four years (from school year 2020-21 to 2023-24), including staff training and
reimbursement of teacher or substitute training time, curriculum materials, and technical assistance.
Learn more and apply at https://mn.gov/mmb/behavioral-wellness.
Only a limited number of schools can be supported, so districts are encouraged to apply as early as July 15, 2019. As soon as districts apply, state staff will schedule a site visit. The application is expected to officially remain open until November 15, but the state may close the application process earlier depending on the
number of applicants.The curriculum, called Life Skills
Training (LST), is offered to middle school students over three consecutive years (sixth-eighth grade or seventh-ninth grade). The curriculum works by helping to develop students’ social and self-management skills. LST is also aligned with CASEL’s five social emotional learning competencies (SEL) and may be beneficial for schools looking to implement evidence-based SEL models. Direct questions to [email protected].
State looking for partners on social emotional learning-based curriculumCurriculum
Apply for summer cash flow borrowing pool by ThursdayThe MSBA-endorsed Minnesota Tax and
Aid Anticipation Borrowing Program (MNTAAB) offered by Baker Tilly (formerly Springsted Inc.) is available to any school district that expects to have a cash flow deficit in an operating fund or the capital expenditure fund. The power of pooled purchasing gives districts an advantage in the
short-term debt market. It’s easy to participate, the borrowing costs are low, and the pool proceeds can be reinvested to provide a competitive rate of return to districts.
Apply by June 20 for MNTAAB’s recently announced summer 2019 cash flow borrowing pool. Visit the links below for more information.
Minnesota Tax and Aid Anticipation Borrowing Program (MNTAAB)
■ Borrowing pool application: http://mntaab.bakertilly.com■ Deadlines and procedures for 2019 borrowing pool: www.mnmsba.org/Portals/0/MNTAAB-Calendar-2019A.pdf■ Top MNTAAB-related questions: www.mnmsba.org/Portals/0/MNTAAB-TopQuestions-2019.pdf
Teachers are reporting assaults by students in their classrooms with increasing frequency. From being kicked or bitten, to having chairs and books thrown at them, schools are dealing with a sharp rise in aggressive student behavior. Violence in the classroom can have a lasting effect on your staff, prompting them to leave the district or the profession entirely. According to a study published in the Journal of Interpersonal Violence, almost 44 percent of teachers who had been the victim of physical assault said the attack had a negative impact on their job performance, and 27 percent said they thought about quitting their jobs afterwards.
Training and Administrative Support Providing your teachers training on violence de-escalation techniques may help prevent a violent incident in the classroom. This training should be available to all staff, not just to your special education teachers and paraeducators. Training resources include:• The American Psychological Association (APA) has
information on the warning signs of youth violence. Ensure your educators are familiar with and prepared to identify the early warning signs of aggressive and violent behavior.
• The APA offers free training courses on classroom management and disruption intervention.
• The Collaborative for Academic, Social and Emotional Learning (CASEL)
• The Crisis Prevention Institute (CPI)• Administrators need to provide appropriate support for
their staff, allowing teachers to remove violent students who are a threat to themselves or others from the classroom.
De-escalation Strategies• Always respond to threats. If a student threatens violence towards someone else, it’s important to always speak to the student and explain why threatening comments are never appropriate. Discuss with the student ways they could express their anger without affecting the safety of others.• Distract the student. If a student is acting violently, try to de-escalate
the situation by speaking softly to the student and acknowledging their anger. Attempt to distract the student by changing the subject or asking them about something they enjoy.
• Be assertive and directive but not aggressive. Do not argue or respond to verbal threats or abuse. Do not threaten the student verbally or physically.
• Provide adequate space, at least two arm’s-length of distance, from the student.
• Communicate expectations using simple, direct language. Attempt to coach the student through moderating their own behavior. Rephrase the student’s wants and feelings and build rapport by identifying points of agreement.
• If efforts to calm the student down do not work, send for help and move the other students out of the classroom.
• Wait for help (if possible).• Use physical intervention only as a last resort, and
then only if your school’s policies permit it and you are trained to do so.
• Report the incident. If a violent incident does occur, report the incident immediately to school administrators.
The National Education Association has scenarios and action plans to deal with violent student behavior that outline actions staff members can take to respond to violent or potentially violent behavior.
Wednesday, June 19, 2019 Page 7
MSBAIT Matters
De-escalation strategies for dealing with violent students
Page 8 Wednesday, June 19, 2019
Job Openings
Superintendent■ South Koochiching-Rainy River — superintendent (application deadline: July 5)
Principals■ Robbinsdale Area — Spanish immersion school principal (application deadline: open until filled)■ Robbinsdale Area — High school principal (application deadline: June 21)
Other Administrators■ Albany Area — executive assistant to the superintendent and school board (application deadline: open until filled)■ Becker — assistant superintendent of curriculum and instruction (application deadline: July 12)■ Hutchinson — director of special service (application deadline: June 28) ■ Medford — full-time business manager (application deadline: June 21) ■ Winona Area — director of finance (application deadline: June 23)Visit www.mnmsba.org/DistrictJobOpenings for application information.
Visit https://www.msdlaf.org to access the current Minnesota School
District Liquid Asset Fund Plus rate.www.facebook.com/mnmsba www.twitter.com/mnmsba
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.
Summer Eats Minnesota app shows where kids can receive free summer mealsHunger Impact Partners — a nonprofit organization working with the Minnesota Department
of Education — encourages school and community leaders to download the free Summer Eats Minnesota app, which shows locations of summer food sites, typical menus and days and hours of operation. Kids up to age 18 can show up without prior signup for free meals at these open site locations, including park and recreation sites, community centers, libraries, and schools. The app shows the distance and directions to the nearest sites, including food truck stops. Also, the app lists sites that provide meals for toddlers. Learn more at www.summereatsmn.org.
As part of the negotiations process, MSBA asks districts to complete and submit the MSBA Teacher Salary Settlement Summarization Sheet Survey – 2019-21 to the MSBA office as soon as possible after the district’s settlement has been fully ratified. Each district’s designated contact may access this survey on MSBA’s website (www.mnmsba.org). The 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 survey may be completed by
clicking on the gray “Data Request(s)” box on the right side of the page. For those who are new to submitting MSBA’s Teacher Salary Settlement Summarization Sheet Survey, MSBA has created a “Costing Bargaining Proposals” webinar. To access the webinar go to www.mnmsba.org/Webinars (log-in required). If the district’s designated contact(s) has any issues accessing the survey or if the district needs to update its designated contact person(s), please contact Joel Stencel ([email protected] ) or Sue Honetschlager ([email protected]) at 507-934-2450.
MSBA seeking teacher settlement data
Wednesday, June 19, 2019 Page 9
How did the 2019 Session affect schools?Just take a look at MSBA’s Legislative Summary
The MSBA Government Relations team is pleased to share the 2019 Legislative Summary with our members. The summary was emailed out to all members Monday, June 17. Within the summary you will find details on how the 2019 legislation will affect your schools. Some highlights include:• District-by-District Runs -
General Education, Special Education, and Voluntary Pre-KReferendum EqualizationGeneral Fund Appropriation Summary
• 8 changes to MSBA Model Policies• 7 new requirements for districts• Advocacy Tour Dates - Mark your calendar While Minnesota is the only divided legislature in the country, education funding brought support from both parties in order to provide over one-half of a billion dollars of new money for education. This new investment brought the following key wins that benefit all districts:• Two percent formula increase each year ($126 per pupil and
an additional $129, respectively)• Largest investment to-date, to freeze the growth in the
special education cross-subsidy• Voluntary Pre-K extension for two years• Few controversial policy provisions• One-time funding for safe schools (contingent on the
FY19 closing balance)• More statewide funding, less funding through grants
Click here to get your copy of the summary
Seven new requirements for school districts1. Possession and use of sunscreen A student can use sunscreen at school without a prescription or note from a health professional.2. Schools need to test and report leadin drinking water If lead is found, it must be reported, must be remediated, and the source must be made unavailable until the hazard is minimized.3. Schools must report monthly utilityconsumption Starting Oct. 1, each school must put
the utility consumption data into the Minnesota B3 benchmarking program.4. Dyslexia screening School districts must screen for characteristics of dyslexia for students not reading at grade level in kindergarten, first grade, and second grade.5. American Indian education The American Indian education parent advisory committee must submit reasons for nonconcurrence with educational programs for students
offered by the school board.6. Post-Secondary Education Option(PSEO) Requires districts offering “Introduction to Teaching” dual-credit courses to report on certain enrollment demographics.7. Statement of earnings by employerand notice to employee On employee earning statements, basis of pay, much more information is required and one section requires a notice to the employee on any changes.
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Call 800-324-4459 to speak with a MSBAIT representative or visit http://www.mnmsba.org/MSBAIT today!
Risk Protection Program
The MSBAIT Risk Protection Program — developed in collaboration with Marsh & McLennan Agency — offers property, casualty, and workers’ compensation insurance and risk management products and services to eligible MSBA member school districts through select, participating insurers and other providers.
Property/Casualty Insurers
Workers’ Compensation Insurers
Minnesota School Boards Association Insurance Trust
Wednesday, June 19, 2019 Page 10