To:     LWVO
From:   Joan Platz
Education Update for January 16, 2006

1) 126th General Assembly:  The Ohio House will meet in session on
January 17-18, 2006, while the Ohio Senate will meet on January 18,
2006.  The House and Senate will also hold committee meetings this
week.

*Governor Taft signed into law on January 13, 2006, HB 421 (Beatty),
which establishes December 1 as Rosa Parks Day in Ohio, in
recognition of the anniversary of the start of the Montgomery,
Alabama Bus Boycott in 1955.

*Representative Joyce Beatty was selected by the Democratic caucus to
become minority leader in the Ohio House of Representatives.
Representative Beatty replaces Representative Chris Redfern, who
resigned from this leadership position in order to have more time for
his new position as chairman of the Ohio Democratic Party.
Representative Todd Book was selected as the assistant minority
leader.  The House is expected to confirm the nominations this week.

2)  House Committee Reports Bills:  The House Education Committee,
chaired by Representative Setzer, reported out favorably on January
10, 2006 two bills, Am. Sub. HB254 (Collier) - school instruction
hours, and Sub. HB 276 (Stewart) - schools implement policies
prohibiting bullying.

HB 254 establishes a minimum level of hours for instruction, changing
current law    which prescribes hours and days for schools to provide
learning opportunities for students in grades K-12 (R.C. Sec.
3313.48).  The new minimum hour amount is equivalent to current
minimum hour levels prescribed in law and rule, multiplied by a
minimum number of 182 day school year (R.C. 3314.481).

Currently in statute, a school day for students in grades 1 to 6 must
include at least five hours, with two 15-minute recesses permitted,
and a school day for students in grades 7 to 12 must be at least five
hours, with no provisions for recesses.  The State Board of
Education's "Operating Standards for Ohio's Schools" further
establishes the school day for public and nonpublic school students
in grades 1 to 6 as at least five hours, excluding a lunch period,
and five and one-half hours, excluding a lunch period, for public
school students in grades 7 to 12.  The school day for private school
students in grades 7 to 12 is five hours, excluding a lunch period.

The hours of operation included in the bill work out to be not less
than four hundred fifty-five hours (455 hours) for half day
Kindergarten classes; nine hundred ten hours (910 hours) for full day
Kindergarten classes and grades one through six; and one thousand one
hours (1001 hours) for grades seven through twelve in each school
year.

Many school districts provide learning opportunities beyond the
minimum levels in the bill.  The bill was amended in committee last
week to prohibit a school district from reducing the hours of
instruction if it is currently operating at levels over the minimum
hours required under state law, unless the reduction is approved by a
resolution of the district board of education.

The bill does not apply to charter schools, which are called
community schools in Ohio.  Charter schools are not subject to the
same requirements as traditional public school districts and
nonpublic schools, and do not comply with Operating Standard for
Ohio's Schools.  Under continuing law, not affected by this bill,
community schools must provide learning opportunities for a minimum
of 920 hours per year (see R.C. 3314.03(A)(11)(a)).

3)  State Board of Education Meets:  The State Board of Education,
Sue Westendorf president, met on January 8-10, 2006 in Columbus, OH.

*The State Board of Education's Quality High Schools Subcommittee,
chaired by Carl Wick and Deborah Owens Fink, heard a presentation by
David Burns on a proposed framework for continuing implementation of
the Quality High Schools Task Force's recommendations.  The topics
covered included middle school initiatives, ninth and tenth grade
initiatives, the Ohio Graduation Test, 11th and 12th grade
initiatives, and career and postsecondary initiatives.  The committee
asked the staff to provide a summary of the initiatives, including
research and a cost analysis, add Post Secondary Enrollment Options
to the framework, and include a discussion about barriers and
incentives.  There also was a discussion regarding end of course
exams, increasing the requirements to receive a diploma with honors,
and barriers preventing schools from providing Advanced Placement
programs.  The community, parent, and business involvement in the
initiatives must also be included, and a communication plan
developed.  Dr. Zelman commented on some of the legislative
recommendations being considered to strengthen high school
instruction.  One recommendation being discussed is requiring
teaching candidates for grades 3 - 12 to graduate with a major in the
areas that they are going to teach.

*The Achievement Committee, chaired by Jim Craig and Mike Cochran,
approved the proposed federal legislative platform and a legislative
recommendation regarding schools and school districts that fail to
test students.  The committee also approved non-test indicators for
the Local Report Card.

The committee was presented data that showed how many schools and
districts fail to test students, although they are required by law to
do so.  The proposed legislative recommendation would do the
following:

Schools and districts that have 10 - 15% untested in the performance
index score calculation can be rated no higher than Continuous
Improvement.

Schools and districts that have 15.1% to 20% untested in the
performance index score calculation can be rated no higher than
Academic Watch.

Schools and districts that have more than 20% untested in the
performance index score calculation can be rated no higher than
Academic Emergency.

The Achievement Committee also approved the definition of a college
and work force curriculum and nontest indicators to add to the local
report card for information purposes only.  (Not for a rating.)  The
following language was approved:

1)  The Percentage of students completing a college-workplace ready
curriculum.  This is defined as:

four years of math, including Algebra II or the equivalent
four years of English language arts
four years of science, including physics and chemistry
four years of social studies
three years of world languages, arts, or career and technical

2)  The percentage of students taking the ACT/SAT who achieve the
mean score by school and or district (lagged one year)
3)  The Percentage of students participating in PSEO, AP, or IB courses
4)  The Percentage of students completing a Tech Prep program or
passing a business/industry certification assessment.

*The Capacity Committee, chaired by Carl Wick and Jennifer Sheets,
approved the proposed substance abuse and violence prevention policy,
the federal legislative platform, and Ohio Administrative Code rules
for the supplement teaching license, superintendent's spending
orders, and pupil transportation.  The committee also discussed
proposed rules regarding community schools and gave its support to HB
254 (Collier) - minimum instructional hours for schools.  The chairs
also announced that the Board will conduct a policy discussion
regarding school choice on Sunday, February 12, 2006.

The full Board then heard an update on the creation of the Peebles
Local School District; discussed a proposal presented to the US
Department of Education to add value added accountability into Ohio's
AYP System; and recognized the members of School Physical Fitness and
Wellness Advisory Council.

In the afternoon the Board heard a report on the Substance Abuse and
Violence Prevention Policy, reviewed the Federal Legislative
Platform, and had a lengthy discussion on the proposed Community
School Expected Gains rule.  Several Board members expressed
discomfort regarding their obligation to develop rules to implement
the expected gains requirement for community schools, which was
included in HB66 - the FY06-FY07 budget bill for Ohio.  The ODE has
recommended a three-tiered metric to show expected gains in community
school student performance from the fall to the spring of the school
year.  The Ohio Coalition for Quality Education has recommended an
alternative way to calculate expected gain based on students
maintaining their percentile rank from fall to spring in order to
show progress.  Using this metric the ODE showed the State Board that
in some cases the students would actually fall further behind, rather
than show progress.  Board members asked if legislation could be
proposed to postpone this rule, change the statute, and use this year
to gather information to make a more informed decision about expected
gain.  Discussion is expected to continue on this issue next month.

The Board also conducted a Chapter 119 Hearing on the following rules:

*Ohio Administrative Code (OAC) Rules 3301-11-01 through 3301-11-15,
The Ohio Educational Choice Scholarship Program.
*OAC Rules 3301-24-05, Licensure.
*OAC Rule 3301-24-12, Alternate Superintendent License and Alternate
Administrative Specialist License.
*OAC Rule 3301-24-13, Relinquishment of License or Teaching Field.
*OAC Rules 3301-30-01 through 3301-30-04, Department of Youth
Services Program Standards and Rule 3301-30-01 Ohio Department of
Youth Services' Schools.
*OAC Rules 3301-35-01 through 3301-35-07 and Rule 3301-35-09 through
3301-35-14, Operating Standards for Ohio Schools.  The following
individuals presented testimony:  Sue Rahn, School library media
specialist and technology coordinator for the Trotwood-Madison City
Schools and president of the Ohio Educational Library Media
Association; Michael Miller, Technology Teacher at Kilbourne Middle
School in Worthington, OH and president of the Ohio Technology
Education Association; Gail Pohlman, president of the Ohio
Association of School Nurses; and Suellyn Stotts, a school library
media specialist in the Dublin City School district.  All speakers
requested that the State Board of Education consider specific
amendments to change Operating Standards for Ohio's schools to meet
the needs of students.
*OAC Rules 3301-44-01, 3301-44-02 and  3301-44-05 through 3301-44-09,
Postsecondary Enrollment Options.
*OAC Rule 3301-98-01, Reimbursement of Background Checks for
Individuals Participating in an OhioReads Program.

The State Board also met on January 10, 2006.  Superintendent of
Public Instruction, Dr. Susan Tave Zelman and Paolo DeMaria,
Associate Superintendent, Center for School Finance, led the Board in
a policy discussion on school funding based on the results of recent
school funding roundtables that have been hosted by several Board
members in their districts.  The information gathered in the
roundtable discussions and elsewhere will be used to build a
consensus about school funding problems and challenges, and develop
solutions to create a school-funding system that is student centered,
results oriented, and reality based.  The following is a summary of
the results of the roundtable discussions:

Priority of Education
-Education needs to be a high priority
-Some need for balance with other services
-Education defined to include preK and higher education
-Ohioans may not fully understand the value of education in a global
economy -- there is a communication challenge
-Priority of education is challenged by changing demographics.

Expenditures for Education
-Schools need more money just for inflation and to stay even
-Social service demands are growing for some districts
-More funds needed for special populations -- disabled, poverty, etc.
-Lots of cutting going on; early reductions are easy, but it is
harder to cut deeper
-Probably room for efficiency and productivity improvement -- but
there are strong feelings concerning this point

Revenues for Education
-Mix of taxes is not good -- property tax has problems
-The system is tremendously complex, defies simple explanation
-The problem with the property tax is the law.  If property tax stays
in some way, it needs to have some modest growth
-Seniors on fixed incomes can't pay higher property taxes
-Businesses are getting breaks, and the burden falls to individual taxpayers

Expectations for Education
-Do we know how to spend money to make substantial educational improvement?
-Continue efforts for greater accountability
-Invest money carefully; research practices
-Districts have some sense of where new investment is needed
-Hard to resist money-grabbing if funds re not restricted
-May not have the tools to make good financial management decisions
-Leadership/management important
-Parents and communities have a role to play

The following questions were raised to be considered as the Board
develops its legislative recommendations for the FY08-09 budget:

-Should any local revenue come from local sources, what amount should
be raised, what kind of taxes should be raised, and what rules should
apply?
-Is there enough state money in the system, what other taxes should
apply, how can the state formula be better aligned with reality, and
is the state/local share determined appropriately?
-Is the way local districts make spending decisions acceptable, what
can be done to incentivize desired outcomes, and is the manner in
which state money is distributed appropriate?

The discussion on school funding will continue as the State Board's
Budget Committee leads the Board in the development of its FY08-09
budget recommendations, which will begin soon.

The Board then heard three individuals present public participation
on agenda items regarding the creation of the Peoples Local School
District, took action on five personnel items, and took action on the
following remaining items:

*Approved an intent to adopt OAC Rule 3301-24-14, entitled
Supplemental Teaching License
*Rescinded OAC Rules 3301-23-20, 23-21, and 23-22, regarding
certification requirements for teachers
*Rescinded OAC Rule 3301-69-08, regarding Operation of the Career
Enhancement Programs Subsidy
*Amended OAC Rule 3301-92-04, entitled Reporting Data
*Amended OAC Rule 3301-92-05, entitled Certification of Adequate Revenue
*Commended Eric Combs, the 2006 Ohio Teacher of the Year
*Approved the creation of Peebles Local School District from part of
the territory of the Adams County/Ohio Valley Local School District,
Adams and Highland Counties, effective June 30, 2006
*Adopted the 2006-07 Local Report Card Indicators
*Adopted "Fiscal Year 2006 Federal Funding and Legislative Platform -
Ohio State Board of Education"
*Adopted legislative recommendations regarding an alternative pathway
to passing the Ohio Graduation Tests
*Expressed support for House Bill 254 (Collier)
*Approved legislative recommendations regarding school and district
accountability ratings for untested students
*Rejected a motion to delete the science lesson plan "Critical
Analysis of Evolution - grade 10" from the science exemplar lessons
and also to remove the same from any written or technological sources.

This was a very controversial proposal brought forward by Martha
Wise, and failed by one vote (9 to 8).  Two Board members, Virgil
Brown and John Griffin, did not attend the meeting, and their votes
could have changed the outcome of the resolution.

Martha Wise stated in her remarks to the Board in support of the
resolution that she intends to be a candidate for the Ohio Senate,
and was warned that bringing forth this resolution could harm her
chances.

The proponents of the proposal to remove the lesson asked that the
lesson "Critical Analysis of Evolution - grade 10" be removed because
of the following:  there were scientific inaccuracies included in the
lesson; members of the Board were not told the extent to which ODE
consultants opposed the lesson; and the lesson has specific
connections to Intelligent Design, and thus Ohio could face a legal
challenge.

Opponents of the resolution stated that no new information was being
offered to change the Board's decision to include the lesson; this is
about board members not getting their way; the process to approve the
lesson worked and should not be abandoned now; and there is little
evidence that Ohio faces a legal challenge based on the lesson and
the Dover, PA ruling.

Several individuals presented to the Board during public
participation on non-agenda items after the vote was taken and the
resolution defeated.  The exchanges with certain members of the Board
were contentious, and at one point Board member Eric Okerson
requested that members of the public who come to present to the Board
not be cross examined. The following speakers addressed the Board:

Charles Brown requested that the Board reconsider the requirements
for highly qualified teachers.  He has been teaching special
education students for over 25 years and now must take additional
course work to become highly qualified.

Jeffry McKee asked the Board to remove the lesson "Critical Analysis
of Evolution - grade 10" from the exemplar lessons.  No academic
institute in Ohio supports the lesson as written, and the lesson is
not honest science.

Keith Morris described the lesson, "Critical Analysis of Evolution -
grade 10" as pseudo science which should not be taught to students in
Ohio.

Steve Rissing brought with him the comments made by ODE consultants
about the lesson "Critical Analysis of Evolution - grade 10", and
urged the Board members to read them, because they showed how the
lesson was not based on accurate science or the scientific method.
This information had been obtained through a public records request.

Carter McAdams had signed up to address the Board, but declined
because of the way certain Board members were addressing public
participants.

Brian McEnnis objected to the "character assassination" being waged
by certain Board members. He noted that the Cambrian explosion
mentioned by Board member Dr. Owens Fink was not an event recognized
by scientists working in the areas of evolution or biology, but had
been created by supporters of Intelligent Design and creationism to
support their views.

Abromo Ottolenghi has appeared before the Board many times and
repeated his concern that the lesson "Critical Analysis of Evolution
- grade 10" is inaccurate.  Nine errors were identified when the
lesson was first proposed in draft form, but only five errors were
corrected.  Four errors remain in the lesson.  The lesson does not
speak to reality.

Richard Hoppe stated that objections to the lesson "Critical Analysis
of Evolution - grade 10" have been cast as a liberal vs. conservative
issue, but he is a Republican and opposes the lesson.  The lesson is
a trap for districts, because it allows people who support
Intelligent Design to bring these views into the science classroom
and use ID materials and resources.  Good science is being abandoned.

Melanie Elsey explained that she believed the Dover, PA ruling on
Intelligent Design would not have an impact on Ohio, and explained
that the ruling has some inaccuracies. She also stated that the
public has a right to decide what should be taught in science classes.

The next regular meeting of the State Board is scheduled for Monday
and Tuesday, February 13-14, 2006 at the Ohio School for the Deaf,
500 Morse Road, Columbus, Ohio.

4)  This Week at the Statehouses:

TUESDAY, JANUARY 17, 2006

The House Criminal Justice Committee, chaired by Representative
Latta, will meet on January 17, 2006 at 2:30 PM in room 121.  The
committee will hear testimony on HB 309 (Setzer) - Assault of a
school employee, and HB 374 (Hughes)  - Children's Safety Program.

The House Education Committee chaired by Representative Setzer
(644-8051) will meet on January 17, 2006 at 3:30 PM in room 018.  The
committee will hear testimony on the following bills:

HB 322 (Raussen) - School district income tax collection agreements.
HB411 ( Wolpert)- Change in school and district performance ratings.
HB422 (Hughes) - School safety plans.
HB431 (Peterson) - Vouchers for special education students.
HB435 (DeWine) - Athletic trainer contracts.

WEDNESDAY, JANUARY 18, 2006

Governor Taft's Partnership for Continued Learning will meet on
Wednesday, January 18, 2006 at 1:00 PM on he 31st floor of the Riffe
Center in Columbus.

The House Economic Development and Environment Committee, chaired by
Representative Collier (466-1431) will meet on January 18, 2006 at
3:00 PM in room 017.  The committee will hear testimony on HB 404
(Wolpert) - Urban homestead zones.

THURSDAY, JANUARY 19, 2006

The House Revitalization Committee, chaired by Representative
Wolpert, will meet on January 19, 2006 at 11:00 AM in room 018 to
hear testimony on HB 455 (Kilbane) - Membership on Boards of
Education.

5)  News from the ODE:  Ohio Educational Directories are now
available.  Complimentary copies of the 2005-2006 Ohio Educational
Directory will be delivered to each school building.  Current
directory information is also available by accessing the Ohio
Educational Directory System (OEDS) on the ODE Web site.  Copies of
the Directory can also be purchased for $2.65 plus shipping. Shipping
is $3.45 for one directory and 25 cents for each additional copy.
All orders must be prepaid by check or money order payable to
Treasurer, State of Ohio. If you have questions, please call the
Document Resource Center at (877) 644-6338.

6)  Bills Introduced:

SB 253 (Dann) - College Trustee Qualifications.  Revises the
qualifications for appointments to the Ohio Board of Regents, the
Ohio Tuition Trust Authority, and the boards of trustees of public
colleges and universities.