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 September 17, 2007

1)  127th General Assembly: 
The Ohio House and Senate have canceled sessions this week.  The Senate's next session will be the week of October 1, 2007, and the House will meet on an "as needed basis". The House and Senate Education committees will not be meeting this week, but other committee meetings have been scheduled.

*A special primary election will be held on November 6, 2007 to select candidates to run for U.S. 5th Congressional District.  The election for this seat will be held on December 11, 2007.  U.S Congressman Paul Gillmor held the seat until his death on September 4, 2007.

*Representative Bill Seitz (30th House District) has been selected to replace Senator Patricia Clancy (8th Senate District).  Senator Clancy recently announced that she would resign her Senate seat in October 2007 to become assistant chief probation officer for the Hamilton County Court of Common Pleas.  A process to select a representative for the 30th House District is expected to be announced soon.

*The Ohio House unanimously approved on September 11, 2007 HB181 (Setzer), which requires school districts to note on the school records of children those who have been abducted by a parent.

2)  Update on the No Child Left Behind Act: 
The U.S. House Education and Labor Committee chaired by Representative George Miller (California) held hearings on September 10, 2007 on the draft recommendations for the reauthorization of Title 1 of the Elementary and Secondary Education Act, also known as the No Child Left Behind Act. A bipartisan draft was released in late August 2007.

Testifying before the committee were distinguished representatives from schools, education organizations, business organizations, and other stakeholders.  The committee heard testimony divided into the following topics:  Big Picture Panel; High School Reform and College and Career Readiness Panel; Civil Rights Panel; Business, Foundation and Innovation Panel; Teaching and School Leadership Panel; State and Local Administrators' Panel.  A video and transcripts of the hearing are available at http://edlabor.house.gov/hearings/fc091007.shtml. The following are some of the comments regarding the draft proposal:

*The National Governors Association (NGA) - Joan Wodiska, NGA Director of Education, Early Childhood Education, and Workforce Committee, stated that,  "Governors strongly support the use of accountability, but the measures, systems, and solutions must be determined at the state level, not by the federal government."

*American Association of School Administrators - Director of the AASA Dr. Paul Houston concluded his remarks to the committee with the following statement:  "In conclusion, we are pleased with the direction, transparency and professional courtesy of the process. However, we would be hard pressed to support the draft. We urge Congress to take the time to get the assumptions right, make the bill internally consistent, eliminate the conflicts with IDEA and accommodate the realities of rural schools."

*National Commission on Teaching and America's Future - Linda Darling-Hammond representing the National Commission on Teaching and America's Future, focused her comments on the provision to encourage multiple measures of assessment and indicators of school progress; the provision to improve the quality and distribution of the teaching force; and the means for measuring school progress from year to year.

Dr. Darling-Hammond provided information from other countries,"...that are investing intensively in the kinds of curriculum and assessments and the kinds of teaching force improvements that we desperately need and that this re-authorization bill is seeking to introduce."

According to her testimony, "Underneath the United States' poor standing is an outcome of both enormous inequity in school inputs and outcomes and a lack of sufficient focus for all students on higher-order thinking and problem-solving, the areas where all groups in the U.S. do least well on international tests."

*Center on Education Policy (CEP) - Jack Jennings, Director of the CEP, told the committee that the Center on Education Policy has conducted research on the No Child Left Behind Act since 2002.  He focused his remarks on some of the key features of the proposed changes in the law regarding the use of multiple indicators; growth models; English Language Learners and Students with Disabilities; and School Improvement.

According to his testimony, "Educators express frustration that this test-based system is leading to a narrow vision of education and hope that our nation could pursue a more comprehensive vision of how to make American education the best in the world."

*Business Roundtable - John Castellani, president of the Business Roundtable's Business Coalition for Student Achievement (BCSA) said that the BCSA supported provisions of the draft recommendations regarding math and reading proficiency by 2013-14; postsecondary and workplace readiness; accountability and rigor for high school; student growth models; and a uniform N-size.

Mr. Castellani also expressed the following:  "However, as we detailed in the attached comments, we are deeply concerned about provisions included in the draft that we believe would undermine the current accountability for all students to reach proficiency and would provided a path by which many States would create accountability systems so complex as to be rendered meaningless. While we do not believe it is the intent of the Committee to reduce accountability, the cumulative impact of the implementation of provisions related to multiple measures, indexing and local assessments, among others, would be significantly adverse."

*National Education Association - President of the NEA Reg Weaver outlined several concerns about the draft.  According to his written testimony, "We are pleased that the draft includes the concepts of growth models and multiple measures in an attempt to get a more accurate picture of student learning and school quality. These provisions, however, are inadequate, as the accountability system the Committee envisions still relies overwhelmingly on two statewide standardized assessments. This does not give real meaning to the growth model and multiple measure concepts, and defies the advice of assessment experts across the country, some of whom are here today."

President Weaver concluded his statement with the following:  "We are not able to support the Title I or Title II discussion draft as currently written. We are hopeful that the Committee will take the time to get this right. In essence, we urge you not to rush to mark up a bill that would lead to yet another set of unintended consequences."

*National Alliance for Public Charter Schools - President Nelson Smith of the Alliance included in his remarks some of the components of the draft that the Alliance supports.  For example, the draft provides greater support for the expansion and replication of successful charter school models; encourages states through the grant process to adopt ideal state charter school laws, such as encouraging growth of non-district authorizers and equitable funding for charter schools; allows charter school authorizers to serve as grant administrators in addition to state education agencies; and allows the Secretary of Education to allocate funds as needed between the Charter Schools Program and State Facilities Incentive Grants Program.

According to Mr. Smith's testimony,  "In the last 20 years, few education reforms have been as successful as charter schools, which have provided thousands of new public school choices to children and families who need them the most.  While many public school districts around the country struggle to maintain their current students (particularly in inner cities), charter schools have grown exponentially since 1992, and demand continues to grow.  We estimate that there are over 300,000 students on charter schools waiting lists."

Regarding teacher quality Mr. Smith states, "For charter schools, NCLB explicitly defers to state charter law regarding certification requirements. If a state does not require any charter teachers to be certified, NCLB does not impose that additional mandate. Fortunately, the discussion draft keeps this provision."

"The Alliance recommends that NCLB provide broader latitude to states in defining teacher quality, including allowing states to define core subjects.  It should also encourage states to focus on teacher effectiveness instead of input-based qualifications. This shift will be facilitated by the move to an accountability system that includes student-level growth data, which should be the foundation for the definition of a "highly effective teacher."

3)  State Board of Education Meeting:  
The State Board of Education, Jennifer Sheets president, met on September 9-11, 2007 in Columbus, OH.  The State Board's School Funding Subcommittee, chaired by Virgil Brown, met on September 9, 2007 and continued discussions regarding how schools are funded in Ohio.  The subcommittee is reviewing options to address several school funding issues, and anticipates developing recommendations which would become part of the State Board's 2010-2011 legislative and budget proposal.

President Sheets and Vice President Stewart presented to the Board on September 10, 2007 an overview of the Board Approved Priorities (BAP) for 2007-2008, and how they align with the work of the Board's Achievement and Capacity committees and the work of the other Board subcommittees.

The Board Approved Priorites were adopted at the July 2007 State Board of Education meeting, and provide a way for the Board to measure progress and outcomes to achieve the goals of the State Board's strategic plan -- to raise expectations, build capacity, and improve results.  The BAP focus on Higher Achievement for All Students; Educator Quality and Effectiveness; Early Childhood Education; High Achieving Middle and High Schools; Modernization of School Funding and Resource Management; Education in the New Global Economy; and Creating a World Class Education System. A detailed description of the BAP is available at http://www.ode.state.oh.us/gd/templates/pages/ODE/ODEGoogleSearch.aspx?page=221&query=BAP%202007-2008&start=0&OriginatingURL=/GD/Templates/Pages/ODE/ODEDefaultPage.aspx?Page=1.

According to President Sheets the State Board of Education has an opportunity to develop and implement policies to support a comprehensive seamless preK-16 education system, which will prepare children for the 21st Century.  To accomplish this goal the Board will organize its work through the Achievement and Capacity Committees and several subcommittees, including the Quality Middle and High School, School Funding and Resource Management, and School Readiness subcommittees.

In addition, the Board has created two new subcommittees.  The Education in the New Global Economy subcommittee, chaired by Colleen Grady and Steve Millett, will engage stakeholders, including representatives from business and industry, entrepreneurs, and post-secondary institutions, to identify the future skills and knowledge that students in Ohio will need to compete in the global economy.

Board members Eric Okerson and Carl Wick will chair a State Board of Education Coordination Committee to oversee the alignment of all committee work to achieve the Board's goals.

Superintendent of Public Instruction, Dr. Susan Tave Zelman, is charged with developing a set of interconnected and comprehensive strategies to identify and implement best practices and recommendations proposed by the committees.  These include legislative proposals, policy and budget recommendations, initiatives, etc.

An intensive session will be held at the annual June retreat (June 2008) to bring the committee work together, and develop policy and legislative recommendations for 2010-2011.  President Sheets also announced the State Board of Education's schedule for future policy discussions:

-October 2007 - Implementation of initiatives to build the capacity of low-performing schools and districts and raise achievement for all students.
-November 2007 - Value added initiative, which will be implemented as part of Ohio's accountability system in 2007-2008.
-December 2007 - Early childhood education and an update on the implementation of the School Readiness Solutions Group's recommendations.
-January 2008 - Community Schools
-February 2008 - Educator quality and effectiveness to improve the quality and capacity of teachers and administrators.
-March 2008 - High achieving middle and high schools
-April 2008 - Modernization of School Funding and Resource Management
-May 2008 - Education in the New Global Economy

Following President Sheet's remarks, the Capacity Committee, Rob Hovis and Jane Sonenshein co-chairs, and the Achievement Committee, Michael Cochran and Ann Womer Benjamin co-chairs, met on September 10, 2007.

The Capacity Committee heard an update on the implementation of the Ohio Regional Delivery System Structure; reviewed and approved Ohio Administrative Code Rules 3301-2-01, 02, 03, 05, 06, and 09, 11, and 13 (Personal Information Systems); and reviewed Rule 3301-24-05 (Adult Permits).  The Capacity Committee also agreed to resubmit to the full Board a resolution first proposed in February 2007 regarding Educational Service Centers (ESC), but hold for a future discussion a proposal about payments for ESCs.

The Achievement Committee discussed and approved the Resolution of Intent to adopt Rule 3301-07-01, (Ethical Use of Tests); Rules 3301-13-01 to 06, and 3301-13-08 to 3301-13-11 (State Testing), and Rule 3301-13-07 (Testing Fairness and Sensitivity).  These rules will be considered by the full Board at their December 2007 meeting.

The Committee heard a presentation on proposed changes to Rule 3301-51 (Operating Standards for Children with Disabilities).  The proposed changes reflect recent changes in federal and state law, and some technical amendments.  A resolution of intent will be considered by the Board in October 2007, and final adoption is scheduled for December 2007.

The Achievement Committee also heard an update on the status of requirements regarding physical education included in HB 119 (Dolan), including the development of physical education standards, employment of a consultant for physical education at the ODE, and documenting the number of physical education courses being offered in Ohio's public schools.  The ODE will be asking school districts to complete a survey to determine the physical education course offerings.  The Board will be asked in December 2007 to approve standard statements for physical education in order to comply with HB 119 (Dolan).  Once these standards are adopted, a process will be initiated to develop benchmarks and indicators for physical education aligned to the standards statements.

The newly formed Education in the New Global Economy subcommittee, chaired by Colleen Grady and Steve Millett, met for the first time to discuss the charge of the subcommittee.  The draft version of the subcommittee's charge called for the committee to pull together representatives of business, technology, industry, high education, and determine what Ohio students will need to know and do to achieve success in the future.  The subcommittee members had a lengthy discussion about the charge and procedures for going forward, including how to gather and integrate research, data, and studies on this topic; how to reach out and include all stakeholders; and how to implement the findings.  According to the proposed timeline, preliminary recommendations will be prepared for the June 2008 Board retreat, and final recommendations will be ready in December 2008.

On September 11, 2007 the State Board of Education heard a policy discussion led by Dr. Mitch Chester, Senior Associate Superintendent for Policy and Accountability, regarding the results of the 2007 State and Local Report Card; the challenges and strengths of the current state accountability system; and potential refinements and changes in Ohio's state accountability system for schools as a result of changes in federal and state laws.

According to Superintendent Zelman's report to the Board, "Ohio has now fully transitioned from proficiency testing to an aligned educational system of standards, curriculum, achievement tests and accountability.  This is the fifth year of the new accountability system, which measures the progress of districts and schools based upon state indicators, the performance index, performance index improvement, and Adequate Yearly Progress (AYP) goals."

The following are some highlights from the presentation and discussion on the results of the Local Report Card:

-The Adequate Yearly Progress (AYP) bar has been held flat for the past three years, but this year it will be raised.  This will have an impact on schools and districts.  Last year 181 districts met AYP; 283 had one subgroup miss AYP; 146 had more than one subgroup miss AYP.

-States must adopt a universal minimum group size for determining Adequate Yearly Progress, which is a federal requirement.  Ohio now uses two minimum group sizes, 30 students and 45 students for special education.  The Board is considering adopting 30 as the universal group size of students.

-Ohio's value added measure of student achievement for students in grades 4-8 in reading and math will be included on the State and Local Report Card results for the 2007-2008 school year.  Districts and schools will receive a rating based on a value added composite scores.  In November the Board will discuss the value added data and how the component will be integrated on future Local Report Cards. Adding this new calculation means that the report card will need to be redesigned.

-Ohio is committed to transitioning to a longitudinal graduation rate, which may affect the ratings of some schools and districts in the future.  The new rate will incorporate data on students who graduate in four, five, or six years.  The graduation rate is currently calculated using the previous year's data, so that students who graduate in August can be included in the calculation.  During the two year phase-in to the new longitudinal rate, two rates will be calculated and published, but only one will count toward the report card rating.   Next year the former rate will be counted, but in future years the new rate will be used on the Local Report Card.

-Ohio has added to the Local Report Card other measures of school and district quality, although these measures are not included in the overall rating for schools and districts.  These measures were adopted by the Board last year, and include number students and percent taking the ACT and SAT national exams; the number of students who graduate with an honors diploma; and the number of students who participate in Advanced Placement, Career Tech, and Post Secondary Enrollment Options.  The ODE tried this year to determine the number of students who completed the new Ohio Core graduation requirements, but that data was not reliable this year.

There is much variation in opportunities for students in Ohio to take challenging courses.  Two-thirds of Ohio seniors take the ACT, but in three-fourths of Ohio's schools fewer than two-thirds of students participate; one-fourth of Ohio high schools have students participating in the Post Secondary Enrollment Options Program; 39.1 percent of high schools have no students participating in Advanced Placement; and 16.6 percent of students graduated in 2005-06 with an honors diploma.

-The U.S. Department of Education has conditionally approved Ohio's proposal to incorporate growth in the calculation of adequate yearly progress.

-Discussions will continue about the Continuous Improvement (CI) designation on the report card.  Districts can earn the CI designation in two different ways, which has caused some confusion. The CI designation is now used as a cap for districts and schools that have persistent achievement gaps for three or more years for two or more subgroups missing AYP, and also as a minimum designation for districts and schools that meet AYP.  Several legislators are proposing that the AYP rating be decoupled from the overall rating of schools and districts.

-Discussions will continue regarding whether or not there is sufficient attention to students who are scoring above proficient, and if the weights to determine the Performance Index score are providing the proper incentive.

-Discussions will continue regarding indicators of school quality other than test scores.

-Five new tests were added in the 2006-2007 school year.  This is the first year in which there has been a decline in the number of schools and districts receiving an excellent rating.  80 percent of districts are rated excellent or effective, and no districts are in academic emergency.

-There have been strong gains in math, but student performance on science and social studies assessments is lower than expected. Student performance on the Ohio Graduation Test are lower than last year, and the graduation rate has fallen slightly from 86.2 to 86.1 percent.

For more information about how Ohio's students are performing please visit the ODE website at http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDefaultPage.aspx?page=1

Following lunch the Board heard the report of the Superintendent of Public Instruction and public participation on agenda items. Representatives from the Switzerland of Ohio School District presented proponent and opponent testimony regarding the deconsolidation of the district.  The Board then took action on 24 personnel items and on the resolutions included below:

State Board of Education Agenda for September 11, 2007.

9 - APPROVED - Resolution of Intent to rescind and adopt Ohio Administrative Code (OAC) Rule 3301-7-01, Standards for Ethical Use of Tests.

10 - APPROVED - Resolution of Intent to rescind and adopt OAC Rule 3301-13-07, Fairness Sensitivity Review Committees.

11 - APPROVED - Resolution of Intent to rescind and adopt OAC Rules 3301-13-01, 02, 03, 05, 06, 08, 10, and 11, and to amend Rules 3301-13-04 and 09 - Assessments.

12 - APPROVED - Resolution of Intent to amend OAC Rules 3301-19-01 and 3301-91-04 - National School Lunch and Breakfast Program.

13 - APPROVED - Resolution of Intent to consider confirmation of the Norwood City School district's determination of impractical transportation of certain students attending St. Nicolas Academy, Cincinnati, a chartered nonpublic school, Hamilton County.

14 - APPROVED - Resolution to adopt a recommendation to the General Assembly for the establishment of a uniform minimum group size and the implementation of a growth model for the purposes of determining whether all local education agencies, public elementary schools and public secondary schools make adequate yearly progress.

15A- APPROVED - Motion to select Rob Hovis as delegate and Jane Sonenshein as alternate delegate to represent the State Board of Education at the 2007 NASBE Annual Conference.

32 - APPROVED - Resolution to accept the recommendation of the hearing officer and approve transfer of school district territory from the Zanesville City School District, Muskingum County, pursuant to Section 3311.24 of the Ohio Revised Code.

33 - APPROVED - Resolution of to rescind OAC Rule 3301-21-01 - Definitions.

34 - APPROVED - Resolution to amend OAC Rule 3301-24-01 - Definitions.

35 - APPROVED - Resolution of to adopt new OAC Rule 3301-25-09 - Two year school speech-language pathology student permit.

36 - APPROVED - Resolution to rescind OAC Rule 3301-27-02 for athletic trainers.

37 - APPROVED - Resolution to amend OAC Rules 3301-40-03, 05, 06 and 07 Nonpublic Schools Administrative Cost Reimbursement.

38- APPROVED - Resolution to confirm the Galion City School District's determination that it is  impractical to transport certain students attending Mansfield St. Peter's School, a chartered nonpublic school, pursuant to Section 3327.01 of the Ohio Revised Code.

39 - APPROVED - Resolution to accept the recommendation of the hearing officer to deny the request of the Marva Collins Preparatory School to be registered for the 2007-2008 school year as a participant in the Ohio Educational Choice Scholarship Program. NOTE:  Forty-four families were notified before the school year started by the ODE about the purpose of this resolution.

40 -APPROVED - Resolution to approve the determination of the Ohio Department of Education that the St. John Nottinham Lutheran School should not be registered for the 2007-2008 school year as a participant in the Ohio Educational Choice Scholarship Program. NOTE:  Eleven families were notified before the school year started by the ODE about the purpose of this resolution.

41A  APPROVED by a vote of 14 to 3 - Resolution to deny the request to create the River Local, Beallsville Local, and Monroe Central Local School Districts from the territory of the Switzerland of Ohio Local School District.

42- APPROVED - Resolution approving the appointment of J.C. Benton as the Director of the Office of Board Relations.

Two representatives from the Coalition for Public Education (CPE), Barbara Shaner and Andy Jewell, addressed the Board during public participation on nonagenda items on the topic of community school accountability and performance.  The CPE is a statewide alliance of education, parent, and civic organizations interested in improving public education for Ohio's children, and increasing accountability to taxpayers.  Ms. Shaner is Associate Executive Director for the Ohio Association of School Business Officials and serves as chairman of the CPE.  Andy Jewell is a researcher at the Ohio Education Association, and has published over the past few years extensive reports on charter schools in Ohio.

Ms. Shaner's remarks focused on the report card results for charter schools; the differences in how charter schools are funded; and the current qualifications for charter school teachers and treasurers. She asked the Board and the ODE to better enforce accountability provisions for charter schools to prevent future academic failures and financial mismanagement, and, due to the differences in rules and law, issue annually a report on the performance of charter schools, so that the public can better understand the differences between charter schools and traditional public schools.  Marking the ten year anniversary for charter schools in Ohio this year, Ms. Shaner told the Board, "We find a decade later, evidence shows that traditional public schools are still the best educational choice for Ohio children."

Teacher qualifications may contribute to the poor performance of charter schools, because current charter school law allows licensed teachers to teach in charter schools without certification in the subject area being taught. Also, charter school teachers with a substitute license are considered highly qualified, which is not the case in traditional public schools.

The qualifications for a fiscal officer also differ between charter schools and traditional public schools.  Treasurers/CFO in traditional public schools must have a bachelor's degree in business, classes in school law and school finance, a 300 hour internship in a school district, implement an ongoing individual education professional development plan, and participate in at least 180 hours or the equivalent of continuing education before renewing their license after five years.  The fiscal officer for a charter school may have a treasurer's license, or 16 hours of continuing education in accounting, 24 hours of training over the next year, and eight hours per year in subsequent years.

Mr. Jewell distributed a document entitled "Ten Years and Still Failing:  An Analysis of Ohio Charter Schools - August 2007". According to his remarks, "When the State Report Card was released on August 14, glaring in its absence was any reference to the academic performance of charter schools.  Ohio's charter school program is arguably the highest profile education reform initiative in the state over the past decade.  Yet, the Department, once again, failed to make any mention of the return on a half-billion dollar annual investment.  The performance of charter schools was buried among the ratings of over 3000 school buildings."

In an analysis of the Local Report Card data provided by the ODE, Mr. Jewell found the following about charter school performance:

-The majority, 57 percent, of charter schools remain in academic emergency or academic watch.
-Charter schools met 21 percent of Local Report Card standards.
-While 55 charter schools experienced a rating increase over their 2005-2006 Report Card, 68 received a lower rating for the 2006-2007 school year.
-Big 8 traditional schools outperformed competing charter schools on 27 of 28 state achievement tests.
-Among economically disadvantaged students and students with disabilities, those attending traditional schools performed better than those enrolled in charter schools on all 28 of the state tests.
-All things equal, charter schools are losing ground academically.

Mr. Jewell asked the State Board and the ODE to conduct an "... objective and comprehensive study of the performance of Ohio's charter school program.  Too much is at stake to continue to bury the return on a multi-billion dollar expenditure of public monies and to jeopardize the future of tens of thousands of Ohio schoolchildren."

The analysis of charter school performance based on the results of the Local Report Cards is available at http://www.ohea.org/GD/Templates/Pages/OEA/OEADefault.aspx?page=1

The State Board meeting then adjourned.  For more information about the State Board of Education meetings, please visit http://www.ode.state.oh.us/GD/Templates/Pages/ODE ODEPrimary.aspx?page=2&TopicRelationID=574

The next State Board of Education meeting is October 8-9, 2007.
Ohio Fair Schools Campaign, 94 Columbus Road
Athens, Ohio 45701
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