The mission of the Ohio Fair Schools Campaign is to organize and advocate for high quality public education opportunities for all Ohio children wherever they live, whatever their race and whatever their family background.
To: LWVO
From: Joan Platz
Education Update for January  21, 2008

1) 127th Ohio General Assembly: 

The Ohio House and Senate will hold sessions and committee hearings this week.

*Last week Mark Wagoner was sworn in as State Senator representing the 2nd Senate District, replacing Randy Gardner who is now the State Representative of the 6th House District.  Senator Tom Niehaus was sworn in as majority floor leader.  The Ohio Senate officially elected Senator Ray Miller as minority leader; Senator Shirley Smith as assistant minority leader; Senator Lance Mason as minority whip; and Senator Capri Cafaro as assistant minority whip.

*The Ohio House selected Barbara Sears to complete the term of Representative Wagoner for the 46th House District.

*Members of the House Education Committee, chaired by Representative Setzer, heard testimony on the following legislation on January 15, 2008:
-HB341 (Dodd D) Nutritional/Agricultural Education.  Representative Dodd explained how this legislation, the Healthy Farms, Healthy Schools Act, supports nutrition and agriculture education programs through a grant program for schools.  A similar program is operating in Pennsylvania.

-HB406 (Peterson and Brian Williams) Eliminate Corporal Punishment: Representatives Peterson and B. Williams presented joint sponsor testimony on this legislation, which would ban the use of corporal punishment in Ohio's public schools.  According to their testimony, 17 school districts still use corporal punishment and reported 500 incidents to the Ohio Department of Education last year.  29 states have already banned corporal punishment in schools.  There is no research that shows that using corporal punishment improves student behavior, but there is research that shows how a number of strategies can be used to positively influence student behavior and discipline in schools.

-HB428 (Setzer) School Employee Misconduct:  Representative Setzer presented sponsor testimony.  The following summary is prepared from the Legislative Service Commission analysis of the bill:
-Requires the State Board of Education to automatically revoke an educator license for conviction of certain convictions.
-Includes several provisions pertaining to intervention in lieu of conviction and pre-trial diversion program.
-Permits the State Board and the Department of Education to question a licensee or license applicant about an offense committed or alleged to have been committed by that person, the record of which has been sealed or expunged, without demonstrating that the question bears a "direct or substantial relationship" to the person's license or position, as otherwise required under current law.
-Requires the Department of Education to participate in receiving notifications through BCII's Retained Applicant Fingerprint Database of the arrest or conviction of licensed educators.
-Requires the Attorney General to grant access to the Ohio Law Enforcement Gateway (OLEG) to persons employed in the Department of Education's Office of Professional Conduct.
-Designates persons responsible under continuing law for reporting to the Department of Education specified misconduct by licensed educators employed by school districts, educational service centers (ESCs), chartered nonpublic schools, county MR/DD boards, community schools, and Science, Technology, Engineering, and Math (STEM) schools.
-Requires the chief administrator of a community school to report specified misconduct by a licensed educator employed by the school's operator and working in the school.
-Grants immunity from civil liability to persons who make good-faith reports about misconduct by licensed educators.
-Specifies that if an employee of a school district, ESC, community school or its operator, STEM school, or chartered nonpublic school is arrested or indicted for certain offenses, the employee must be suspended from all duties involving the care, custody, or control of a child during the criminal action.

-HB423 (Setzer) Teacher Compensation:  Representative Setzer explained that this bill adds additional requirements for National Board certified (NBC) teachers to receive stipends.  If the bill passes, after July 1, 2008 NBC teachers would qualify for the stipends if they were employed full time in a school building under academic watch or emergency, or taught math, science, engineering, or technology in grades 9-12.   NBC teachers currently receiving stipends would continue to receive the stipends, but not receive any increases in those stipends, unless they met the new criteria.  The bill also permits school districts, educational service centers, and county MR/DD boards to pay different rates above the regular salary schedules to teachers who teach in certain areas designated by the school's board of education.  Certain decisions regarding teacher wage differentials, the length of the school's instructional year, and the length of the school's instructional day are also removed from teacher contract negotiations.

-HB347 (Setzer) Educator Licenses Requirements:  HB347 would make several changes to Ohio's requirements for granting teacher licenses. In her written testimony Jayne Burger, a member of the Educator Standards Board and a National Board Certified Teacher, testified in opposition to the bill.   Ms. Burger said that the current process, which uses the nationally developed Praxis III exam, is research-based and effective, while the locally developed methods proposed in the bill would not be consistent or objective.  The current process has led to an alignment of teacher preparation programs with the criteria used to grant a license.  Judy Green, a retired teacher and Praxis assessor, also testified against the bill.

*The Senate Education Committee, chaired by Senator Padgett, met on January 15, 2008 and heard testimony on the following bills:
-SB264 (Carey) Teacher Strikes:  Senator Carey presented sponsor testimony on this bill, which would prohibit classroom teachers from striking, and require binding arbitration to settle unresolved collective bargaining disputes.  According to the testimony, Ohio is one of 13 states that allows teachers to strike.  There have been 70 teacher strikes in Ohio since 1984, and these strikes disrupt student learning, schools, and communities.  This legislation would require school employees to enter into the same kind of binding arbitration process as police officers and fire fighters.

-SB270 (Cates) School Employee Misconduct:  Senator Cates explained that the bill was in response to articles published in the Columbus Dispatch regarding teacher misconduct.  This bill builds on the provisions outlined in recently approved HB 190, and is a companion bill of HB 428 (Setzer).  For more details please see HB428 above.

-SB141 (Padgett) Community School Accountability:  Paolo De Maria, ODE Associate Superintendent for the Center for School Options and Finance, presented sponsor testimony and summarized the current status of community schools in Ohio.  According to his testimony there are 65 sponsors who oversee 324 community schools educating more than 80,000 students.  The Ohio Department of Education has authority over those sponsors approved after April 3, 2003.  Among other provisions, this legislation would make clear the ODE's authority over all sponsors, and clarify other provisions in law regarding community schools.

2)  Meetings and Hearings for January 22-25, 2008:
*The House Education Committee, chaired by Representative Setzer, will meet on Tuesday, January 22, 2008 at 4:00 PM in hearing room 116.  The committee will hear testimony on the following bills:
-HB379 (Fessler) Historical Document - Requires the study of specified historical documents in the high school American history and government curriculum.
-HB428 (Setzer) School Employee Misconduct - Addresses school employee misconduct, reporting, and discipline.
-HB347 (Setzer) Professional Educator License - Replaces Praxis III assessment as a condition for a professional educator license.
-HB423 (Setzer) Teacher Compensation - Revises eligibility for state stipends for National Board Certified Teachers; permits school districts, educational service centers, and county MR/DD boards to pay wage rate differentials above their regular salary for certain teachers; removes certain decisions regarding teacher wage differentials, the length of the school's instructional year, and the length of the school's instructional day from teacher contract negotiations.
-HB406 (Peterson) Corporal Punishment - Prohibits corporal punishment in all public schools.

*The Senate Finance and Financial Institutions Committee, chaired by Senator Carey, will hold hearings on January 23, 2008 at 2:30 PM in the Finance Hearing Room.  The committee will hear testimony on SJR4 (Schuring) Lottery Profits, which requires all lottery profits and a percentage of revenue from certain taxes to be devoted to funding primary, secondary, and higher education.  This joint resolution was scheduled to be heard last week, but was pulled from the agenda.

*The STEM Subcommittee of the Partnership for Continued Learning will meet on January 24, 2008 at 3:00 PM in the Regents Main Conference Room, Rhodes State Office Tower at 30 E. Broad Street, 36th Floor. The subcommittee will review the request for qualifications submitted for an Ohio-based nonprofit enterprise to coordinate public and private STEM activities and resources, and hear an update on the review process for STEM Schools and K-8 STEM Programs of Excellence.

3)  BOR Draft: 
The Ohio Board of Regents (BOR), Eric Fingerhut Chancellor, met on January 16, 2008 and reviewed a draft of a new report called "The Condition of Higher Education in Ohio:  Meeting the State's Future Needs."  The report is available online.  The BOR is inviting the public to read the report and respond.  (Visit http://regents.ohio.gov/board_meetings/report/index.php)

This new report, which is expected to be produced annually, includes the conclusions of the BOR concerning the condition of higher education in Ohio in the areas of Ohio's Economy and Its Relationship to Education; Educational Attainment and Degree Production; Participation; Preparation; Affordability; Institutional Context: Breadth And Quality; Financial Condition and Productivity; and Economic Development - Workforce Training, Research and Technology Transfer.  According to the summary and next steps of the report, the BOR will monitor the following ten challenges that Ohio faces:
-Projected declines in the State's youth and working age population.
-Enrolling and graduating more adults.
-Improving college-going rates directly from high school.
-Improving participation and graduation rates in educationally under served counties.
-Improving college and university retention, graduation and two-year to four-year transfer rates.
-Increasing the number of students taking more rigorous high school courses, including Advanced Placement and Postsecondary Education Opportunity courses.
-Making higher education more affordable
-Equitable financial access to 2-year colleges.
-Increasing state, federal and private investments for education and research.
-Increasing degree production while maintaining high quality.

4) University System Master Plan Revised: 
Chancellor Eric Fingerhut presented another draft of Master Plan for the University System to the Ohio Board of Regents on January 16, 2008.  This draft included changes to the benchmarks and several action steps. These benchmarks were released for public comment in October and November 2007.  The Master Plan is scheduled to be presented to the Governor and General Assembly in March 31, 2008.  The proposed benchmarks are listed below.  The newest draft is available at http://universitysystem.ohio.gov.
-Access: The University System of Ohio will be a flexible, integrated higher education provider, making the widest range of educational opportunities available to, and raising the educational aspirations of, all Ohioans.
-Quality: The University System of Ohio will be known for the excellence of the teaching and learning of its faculty and students and the reputation of its institutions.
-Affordability and Efficiency: The University System of Ohio will enable all Ohioans to afford the education and training they need to succeed, and will compete for those students who are choosing between Ohio and other states or nations for their post-secondary education.
-Economic Leadership: The University System of Ohio will provide the intellectual and organizational infrastructure to measurably improve the economic outlook for all Ohioans.

5) Reports on Ohio's Economy: 
Several monthly reports are available online to track Ohio's economy and state budget.  The Office of Budget and Management, J. Pari Sabety Director, publishes a "Monthly Financial Report" which is available in the middle of the month and tracks monthly revenues and spending at the state level.   Dick Sheridan at the Center for Community Solutions authors "State Budgeting Matters", which features an informative analysis of state policies, including the budget.  The Ohio Department of Job and Family Services, Helen Jones-Kelley Director, also issues reports about employment and Leading Indicators each month.  Policy Matters Ohio (http://www.policymattersohio.org/) publishes a variety of reports on economic policy, including recent studies on labor, Ohio's economy, and economic policy.  The following are segments from these reports:

-The latest OBM's Monthly Financial Report (January 10, 2008) indicates that the total General Revenue Fund for the state of Ohio is down $106.8 million (0.9 percent) for the first half of FY08 due to lower tax collections than estimated for the corporate franchise tax, personal income tax, and auto sales tax.  Revenue from the non-auto sales tax and cigarette tax are above estimates.  State spending is also $81 million below estimates for the first half of the year.  Spending for Medicaid is over estimate by $27.7 million (.5 percent), and caseloads are increasing.

-The latest issue of State Budgeting Matters by Dick Sheridan, financial consultant for the Center for Community Solutions, is called "State Budget Challenges in the New Year" (1/17/08).  This issue provides information about the current status of the state and national economies and Ohio's state budget, and recommends ways for policy makers to address a potential budget shortfall for this biennium.

According to this report, "All of the national and state economic problems are translated into reduced retail sales because of reduced consumer spending, and reduced individual and corporate income taxes resulting from higher unemployment. Unfortunately, these three revenue sources account for 85 percent of state GRF revenues. The state's GRF is completely reactive to economic changes and has few components, such as property taxes, licenses and fees, to serve as economic insulators providing some stability during economic downturns. It is largely because of the economic volatility of the state's GRF that the Budget Stabilization Fund, or Rainy Day Fund, was created. Its current $1 billion-plus balance may not be adequate to deal with the anticipated future revenue as well as spending problems."

The report then goes on to suggest some options to promote the long-term fiscal health for Ohio through changes in the state's tax structure, elimination of state rotary funds, and elimination of spending when costs exceed their benefits.

The report is available at
http://www.communitysolutions.com/store/item.asp?ITEM_ID=1325&DEPARTMENT_ID=38

-ODJFS Reports:  The Ohio Department of Job and Family Services (ODJFS) released a report on Ohio's Leading Indicators for November 2007.  The economic indicators are a composite of six measures of economic activity, and, according to this report, remained steady through November 2007 for the state. This report is available at http://lmi.state.oh.us/PROJ/Indicators/LI.pdf

An ODJFS news release dated January 18, 2008 reported a slight increase in unemployment and a decrease in new housing permits in Ohio over the last month. Ohio's unemployment rate increased from 5.6 percent in November 2007 to 6 percent in December 2007. This report is available at http://jfs.ohio.gov/releases/unemp/200801/UnempPressRelease.asp

6)  News from the ODE:

-The Ohio Department of Education announced last week that Mitch Chester, ODE Senior Associate Superintendent, and Todd Hanes, Executive Director for the Office of Community Schools, would be leaving the ODE.  Mitch Chester has been selected Education Commissioner for the State of Massachusetts.   Todd Hanes has accepted a position as assistant superintendent of external relations for the Franklin County Educational Service Center.

-The Ohio Department of Education, Susan Zelman Superintendent of Public Instruction, announced on January 16, 2008 this year's Ohio's Schools of Distinction.  This is the third year that these awards have been presented to qualifying schools, and this year 96 schools were selected.  To be selected at least 75 percent of all students, including students with disabilities, must score proficient or above on achievement tests and the Ohio Graduation Test in reading and mathematics. For information about the recipients of awards in 2008 please visit http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?Page=3&TopicRelationID=519&Content=43423

-The January 2008 issue of the Ides of ODE, published by the ODE Offices of Curriculum, Instruction and Assessment, Judy Feil and Debbie Roshto directors, includes updates on the following:

Physical Education Writing Team Committee:  A writing team is being assembled by the Ohio Department of Education to develop benchmarks and indicators for the standards in Physical Education recently adopted by the State Board of Education.  The benchmarks and indicators are to be presented to the State Board of Education in December 2008 for approval.  The application for the Physical Education Writing Team will be posted on the ODE Web site February 4, 2008.  The deadline for submission is February 15.

The Big Read Grant Application:  The Big Read is an initiative of the National Endowment for the Arts (NEA) designed to restore reading to the center of American culture, by providing an opportunity for citizens to read and discuss a single book within their communities. Libraries, municipalities, and non-profit organizations are encouraged to apply for one of approximately 300 grants that will be awarded for programming occurring between September 2008 and June 2009.  The grant application instructions specify that community organizations develop program plans with school leaders, such as teachers, school librarians, English department chairs, principals, superintendents or curriculum specialists.  The application deadline is February 12, 2008.  Aside from a grant, communities will receive many resources, including guides for readers and teachers, and audio guides with commentary from artists, educators and public figures. Communities also receive publicity materials.  The NEA presents The Big Read in partnership with the Institute of Museum and Library Services and in cooperation with Arts Midwest.  For more information, visit http://www.neabigread.org/.

7)  Education Trust Releases New Study: 
The Education Trust, Kati Haycock president, released on January 17, 2008 a report called "The Funding Gap" by Carmen Arroyo.  This is the seventh annual report by the Education Trust on school funding equity.  The report examines how state school funding systems support school districts with high levels of students from low-income families, minority students, and students who are learning English, based on an analysis of federal education statistics and census data.

Overall the study found, "The seventh funding gap report from The Education Trust documents continued injustice in state education funding patterns and for the first time shows how school districts serving high percentages of English Language Learners are shortchanged."  Nation wide for 2005 high poverty school districts spend $938 less per pupil than low-poverty districts, and high-minority school districts spend $877 less per pupil than low-minority school districts.  According to the report, "Illinois is joined by Florida, Idaho, Kansas, Maine, Missouri, Nebraska, Nevada, New Hampshire, North Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia and Wisconsin at the top of the list of states in which the funding gap between high- and low-poverty districts grew between 1999 and 2005."

"From 1999 to 2005, 10 states increased funding equity by decreasing the gaps between their high- and low-poverty school districts. Alaska, Arkansas, Connecticut, Maryland, Minnesota, New Jersey, New Mexico, New York, Ohio and Wyoming each took important steps toward greater funding equity. Maryland, Ohio and Wyoming not only closed their low-income funding gaps, they reversed them and began providing more funding to their highest-poverty districts."

The study found that in 1999 Ohio's high-poverty school districts received $77 less per pupil than the state's wealthiest school districts. In 2005 the state's high poverty school districts received $833 more per pupil than wealthy districts.

The report is available at http://www2.edtrust.org/EdTrust/Press+Room/fundinggap07.htm

8)  Bills Introduced:

SB273 (Niehaus) Classroom Facilities:  Calculates an alternate equity list for fiscal year 2008 for purposes of determining school districts' eligibility for assistance under the Classroom Facilities Assistance Program and their local shares in fiscal year 2009.

HB433 (Zehringer) Retirement Benefit Exemptions:  Exempts from the personal income tax up to $10,000 in state and federal government retirement benefits for taxable years beginning in 2010 and thereafter.
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