To: LWVO
From: Joan Platz
Education Update for March 20, 2006
1) 126th General Assembly:
The Ohio House will hold sessions this week on March 21 and March 22, 2006.
The Ohio Senate will not hold sessions this week. The Ohio House has also
announced that it has canceled sessions for Tuesday, April 4, 2006 and Wednesday,
April 5, 2006. The Ohio House and Senate Education Committees will not
be meeting this week.
Representative Fred Strahorn is expected to replace Lance Mason as Assistant
Minority Whip in the Ohio House.
Last week the Ohio Senate approved HB478 (Wagoner), which merges the University
of Toledo and the Medical University of Ohio at Toledo. The Ohio House approved
HB322 (Raussen), which allows school districts to enter into agreements with
the Department of Taxation and other entities to administer and collect school
district income taxes.
2) 109th Congress:
The U.S. Senate approved on March 16, 2006 a FY07 budget (S.Con.Res. 83) that
adds more than $16 billion to the budget proposed by President Bush in February
2006. $7 billion was added to education programs, which restores funding
for some programs cut in 2006. $2 billion was also added to the budget
for the Individuals with Disabilities Education Act (IDEA). The House Budget
Committee is not expected to work on the House's FY07 budget resolution until
April 5, 2006.
3) Capital Re-appropriations and Reconciliation Bill Introduced:
A bill that includes capital re-appropriations, new capital appropriations,
and budget corrections is expected to sail through the Ohio House and Senate
this week. HB530 (Calvert) was introduced last week, and may be heard
in the Senate this week. The bill is on a fast track, because it must
be approved by April 1, 2006 in order
to be in effect by July 1 2006, when the new fiscal year begins. This will prevent
any interruption in funding for capital projects.
The bill re-authorizes $1.78 billion in unexpended balances of projects already
underway, and redirects some of the funds within the same agency. The
bill also includes $1 billion in appropriations for several capital projects,
including the Ohio School Facilities Commission ($665 million), which is currently
in year seven of a plan to rebuild Ohio's schools; funds for the Third Frontier
Initiative ($50 million); funds for the Public Works Commission ($144.1 million);
and funds for the Clean Ohio Initiative ($100 million).
The bill also includes legislative changes, and $30 million for the Ohio Instructional
Grant program to cover a projected shortfall. The following is a summary
of some of the legislative changes that affect education and tax policies compiled
from the Legislative Service Commission's analysis of the bill:
-Permits counties with at least 1.2 million population to put before the voters
an additional cigarette tax of up to 30 cents per pack in order to assist in
funding arts and cultural activities in the county.
-Expands eligibility for Educational Choice scholarships to include students
whose district school has been in a state of academic watch or academic emergency
(instead of academic emergency only) for three consecutive years.
-Qualifies for an Educational Choice scholarship a student entering kindergarten
or enrolled in a community school whose resident district has been in academic
emergency for three consecutive years, if the resident district does not automatically
assign the student's grade level to any particular school building. (Dayton
fits this definition.)
-Expands the requirement for school districts, community schools, and nonpublic
schools to participate in federal breakfast and lunch programs where at least
one-fifth (instead of one-third, under current law) of the students are eligible
under federal guidelines for free breakfasts and lunches.
-Requires school districts to offer a federal food program for all state mandated
summer intervention programs.
-Allows school districts, community schools, and nonpublic schools to opt out
of the new food service requirements if they cannot afford to implement the
programs and they provide notice of the decision.
-Clarifies that the requirement that entities approved to sponsor community
schools on or after June 30, 2005, must have a record of financial responsibility
and successful implementation of educational programs, applies to private federally
tax-exempt entities.
-Prohibits a community school that has federal tax-exempt status from sponsoring
another community school.
-Requires the contract between the sponsor and governing authority of a new
community school to be signed by May 15 prior to the school year in which the
school will open.
-Prohibits including in the enrollment of a community school any student who
(1) is a high school graduate, (2) is not an Ohio resident, (3) was enrolled
in the school during the previous school year when achievement tests were administered,
but did not take a required test and did not have a statutory exemption or waiver
from the test, or (4) is over 21 years old and is not a qualifying veteran.
-Allows the Superintendent of Public Instruction to grant community school students
waivers from the achievement tests only for good cause in accordance with State
Board of Education rules.
-Specifies that if the Superintendent of Public Instruction grants a waiver
from an achievement test to a student enrolled in an Internet- or computer-based
community school ("e-school") or a similar school district-operated school,
the waiver does not exempt the student from an existing provision requiring
the school to withdraw any student who fails to take all applicable achievement
tests for two consecutive years, unless the student's parent pays tuition.
-Clarifies that a student for whom tuition is owed for failure to take achievement
tests is not included in an e-school's enrollment count or a school district's
ADM for state funding purposes.
-Delays until the 2007-2008 school year the mandate for certain community schools
to administer fall and spring reading and math assessments, and the sanctions
for community schools failing to meet expected gains in those assessments.
-Specifies that school districts receiving payment for all-day kindergarten
also may allocate other poverty-based assistance components, including academic
intervention payments, for all-day kindergarten.
-Expands eligibility for the Exceptional Needs School Facilities Assistance
Program to school districts ranked in the fifty-first to seventy fifth percentiles
based on their adjusted valuation per pupil.
-Authorizes school districts to levy a voter-approved property tax designed
to compensate for reductions in state funding caused by appreciation in real
estate values as translated through an increased charge-off.
-Provides property tax replacement reimbursement for property tax levies approved
at an election before September 2005, even if the levy does not first apply
until 2007 or thereafter.
The analysis is available at
http://www.obm.ohio.gov/budget/capital/0708/capbud_test031406.pdf
4) This Week at the Statehouse:
MONDAY, MARCH 20, 2006
*The House Finance and Appropriations Committee, chaired by Representative Calvert,
will meet on Monday, March 20, 2006 at 1:30 PM in room 313 to hear testimony
on HB530 (Calvert), capital re-appropriations and budget corrections bill.
TUESDAY, MARCH 21, 2006
*The House Finance and Appropriations Committee, chaired by Representative Calvert,
will meet if needed on Tuesday, March 21, 2006 at 1:30 PM in room 313 to hear
testimony on HB530 (Calvert), capital re-appropriations and budget corrections
bill.
WEDNESDAY, MARCH 22, 2006
*The House Civil and Commercial Law Committee, chaired by Representative Oelslager,
will meet on March 22, 2006 at 9:30 AM. The committee will hear testimony on
HB486 (Faber), regarding school immunity as a result of disciplining students.
*The Senate Ways and Means and Economic Development Committee, chaired by Senator
Amstutz, will meet on Tuesday, March 22, 2006 at 11:00 PM in the North Hearing
room. The committee will hear testimony on HB322 (Raussen) school district
income taxes.
*The Senate Finance and Financial Institutions Committee, chaired by Senator
Carey, will meet on Wednesday, March 22, 2006 at 1:30 PM in the Finance hearing
room. The committee will hear testimony on SJR 7(Cates) Limit State Spending,
and HB530 (Calvert) capital re-appropriations and budget reconciliation, pending
referral.
THURSDAY, MARCH 23, 2006
*The Senate Finance and Financial Institutions Committee, chaired by Senator
Carey, will meet on Thursday, March 23, 2006 at 9:30 AM in the Finance hearing
room. The committee will hear testimony on HB530 (Calvert) capital re-appropriations
and budget reconciliation.
5) State Board of Education Meeting:
The State Board of Education, Sue Westendorf president, met on March 13-14,
2006 at the Ohio School for the Deaf, 500 Morse Road, Columbus, OH.
The State Board of Education's Quality High Schools Subcommittee, chaired by
Carl Wick and Deborah Owens Fink, met on March 12, 2006. The committee discussed
Governor Taft's proposed graduation requirements, referred to as The Ohio Core.
Currently, The Ohio Core does not include the arts and technology, which the
State Board recently added to the non test indicators on the Local Report Card.
The proposed Ohio Core has also been changed, and the term "physical sciences"
has now replaced the specific courses of chemistry, physics, and biology.
A bill is being drafted to make The Ohio Core law, if the General Assembly approves
it, and may be introduced this week in the General Assembly. The committee
also reviewed work on Post Secondary Enrollment Options, and discussed efforts
to determine what freshman students should know before entering college.
The Achievement Committee, chaired by Jim Craig and Mike Cochran discussed the
intent resolutions - model policy on grade acceleration and excuses from school
absences; received an update from the Quality High Schools Subcommittee; and
discussed the implications of Resolution #31, which the Board adopted on February
14, 2006. That resolution eliminated the lesson "Critical Analysis of
Evolution," from the Instructional Management System, and language in the benchmarks
and indicators of the academic content standards in science that referred to
the critical analysis of evolution.
The Capacity Committee, chaired by Jennifer Sheets and Carl Wick, discussed
the community school sponsor evaluation framework and four legislative recommendations,
and reviewed HB 431 (Peterson), Special Education Scholarship Program for possible
Board action. The committee agreed to forward legislative recommendations
regarding minimum enrollment and optional testing to the full Board for approval.
The committee also voted to recommend that the full Board oppose HB431 (Peterson),
which creates a voucher program for students in special education.
Following committee meetings, the full Board convened and heard a presentation
on the flow of federal dollars presented by Stephen Barr, Associate Superintendent,
Center for School Improvement.
The Board then recognized the following Milken Educators: Marie Wenzke,
South-Western City Schools; Diane Callahan, Fairfield City Schools; and Lisa
M. Suarez-Caraballo, Cleveland Municipal Schools.
A special recognition ceremony in honor of the State Board's fiftieth anniversary
was attended by Governor Bob Taft, Congressman Ralph Regula, Senator Joy Padgett,
and Representative Arlene Setzer. Board President Sue Westendorf was presented
with several proclamations and congratulatory resolutions.
Following lunch the Board reconvened in the afternoon and reviewed state and
federal legislative topics, reviewed rules for adoption, heard reports from
committees, reviewed written reports, and heard an update regarding the School
Readiness Solutions Group, chaired by Steve Millett and Eric Okerson.
The Board also conducted a Chapter 119 hearing on the Ohio Administrative Code
Rule 3301-24-14 regarding supplemental teaching license, and retired for the
evening.
The State Board continued their meeting on Tuesday, March 14, 2006. Dr. Susan
Tave Zelman and Paolo DeMaria, Associate Superintendent, Center for School Finance,
and Stephen Barr, Associate Superintendent, Center for School Improvement presented
a policy discussion on Resource Management. The purpose of the presentation
was to summarize current resource management understanding and efforts that
may guide districts and buildings in utilizing best practices to align financial
resources with school improvement plans and efforts to improve student achievement.
The Board then moved into its business meeting, and immediately convened into
executive session. After reconvening its public meeting, the Board heard
a report from the Superintendent of Public Instruction, Dr. Susan Tave Zelman;
and then took action on seven personnel items, and the following resolutions:
*Amended the Ohio Administrative Code (OAC) Rules 3301-23-44, temporary licenses.
*Approved a resolution of intent to adopt the modified plan of the Stark County
Area Vocational Planning Districts, and approve the modified plan of the Canton
Local Compact Career-Technical Planning District, regarding Perry Local School
District.
*Adopted the School Substance Abuse and Violence Prevention Policy.
*Approved a resolution of intent to adopt a model student grade acceleration
policy for advanced learners.
*Directed the Ohio Department of Education to testify on the Board's behalf
as an "Interested Party" to House Bill 431. The testimony should reflect
(a) the Board's support for providing quality services and educational options
for parents; (b) the Board's concerns regarding the bill's financial implications
and the apparent lack of accountability measures that would assure providers
can deliver standards-based academic programming that relates to the child's
Individualized Education Plan; and (c) the Board's concern that providers comply
with the Individuals with Disabilities Education Improvement Act.
*Approved legislative recommendations regarding community school enrollment
and optional sponsor evaluations of community schools.
*Adopted a joint resolution with the Ohio Board of Regents commending Governor
Taft for developing The Ohio Core, and committing to work with the Governor,
his staff, the higher education community, the K-12 community and members of
the Ohio General Assembly to develop the implementation details. Several individuals
presented testimony on non agenda items at the end of the business meeting.
All of the speakers addressed the decision of the Board in February 2006 to
remove the lesson "Critical Analysis of Evolution," and delete the benchmark
and indicator. Overall the speakers asked the Board to develop alternative critical
analysis language to include in the science standards.
The Board then adjourned. The next meeting of the State Board of Education
is April 10, 2006. For more information about the meetings of the
State Board of Education, please visit www.ode.state.oh.us and follow the links
to the State Board of Education meetings.
6) More on the TEL Amendment:
A new report on the effects of a Tax Payer Bill of Rights (TABOR) or Tax Expenditure
Limitation (TEL) constitutional amendment was released on March 15, 2006. The
report was prepared by The Center for Public Management at Cleveland State University's
Maxine Goodman Levin College of Urban Affairs. The report reviews the impact
of TABOR and TEL amendments in other states, such as Colorado, Michigan, and
Washington, and identifies the following "unknowns" about the proposed TEL amendment:
"*Impact of the TEL on school finance at the local level is not known. The end
of the Tangible Personal Property Tax (TTPT) is removing local property tax
funds for K-12 education. They are to be replaced by state General Revenue Funds.
How would the TEL account for this change over the five-year phase-in from the
TTPT to the
Corporate Activity Tax?
*How does the TEL interact with local property tax funding for schools under
House Bill 920? The TEL could lead to a downward ratchet effect in local school
funding and an increase in local tax levy activity.
*The portion of the state budget covered by the TEL is not clearly defined in
the proposed amendment.
*The TEL covers all units of government and special districts. This makes the
definition of who is an "elector" crucial in understanding the impact of the
TEL on local governments. If an "elector" is an enrolled voter, then passing
a levy that is in excess of the TEL limits will be nearly impossible due to
low voter turnout in non- presidential election years. The proposed language
concerning "electors" differs from what is required to lift the lid on state
spending, than it is to lift the lid on local spending.
*The TEL will make it more difficult for local units of government and special
districts, such as community college and park districts, to raise taxes to provide
for new services or to invest in their own economic development. The same holds
true if local government needs to respond to expensive unfunded federal mandates,
such as in the area of water quality.
*The proposed TEL contains a supremacy clause, which is of concern because of
unintended consequences, and due to the limit it places on state and local government
to respond to violations of other parts of the constitution.
*The proposed TEL contains an incentive for advocacy groups to sue state and
local government over implementation issues. Advocacy groups can recover all
of their court-related costs if they win their cases. Government cannot recover
its costs even if they wins its case; it cannot recover court costs even if
the suit is determined to be frivolous.
*While the practical concerns on the proposed Ohio TEL are serious, there are
greater implications about the impact of the TEL on the state of representative
democracy in the state of Ohio and the meaning of home rule."
For more information please visit:
http://www.csuohio.edu/news/releases/2006/03/13855.html
7) We Believe Ohio is Launched:
Representatives from several religious denominations in Central Ohio announced
on March 14, 2006 the formation of "We Believe Ohio" to unite diverse religious
voices
to achieve social justice in Ohio. According to their web site, the group
will "...act and speak in public ways to support the poor, the children, and
those who are voiceless and un represented in our times." According to
the mission statement, "We are called as people of faith and loyal Americans
to be united in dialogue and action to say:
YES to justice for all NO to prosperity for only a few;
YES to diverse religious expression NO to self-righteous certainty;
YES to the common good NO to discrimination against any of God's people;
YES to the voice of religious traditions informing public policy
NO to crossing the lines that separate the institutions of Religion and Government."
For more information please visit http://www.webelieveohio.org/about/index.html
8) Educating the Whole Child:
"The Whole Child in a Fractured World" by Harold "Bud" Hodgkinson, is a resource
document commissioned by the Association for Supervision and Curriculum
Development (ASCD) and the Commission on the Whole Child, which held its inaugural
meeting January 11-13, 2006 in Washington, D.C. Its purpose is to recast
the current focus of schools and the definition of a successful learner.
Currently the achievement of learners is measured solely by academic tests.
But, according to the ASCD, the public wants students to be "....academically
proficient and physically and emotionally healthy and respectful, responsible,
and caring." The following are some of the "findings" of the report:
*One of the real deficits of the No Child Left Behind strategy is that the crucial
years from birth to age five are ignored.
*The U.S. Department of Education contributes only 10 percent of total education
spending, but it issues 90 percent of the regulations that schools must follow.
*There is an assumption that the 8th grade students being tested are the 4th
grade students tested four years ago. This assumption may be as much as
15 percent off in states, and 50 percent off in individual schools.
*Educational improvement has been put "on ice" since 1995.
*Extreme poverty concentration reduces student achievement, and makes it difficult
to involve parents and attract quality teachers. Raising the minimum wage would
help. Congress has raised its own salary seven times without increasing
the minimum wage.
*The American economy has added 800,000 knowledge worker jobs and 2.5 million
minimum wage jobs.
*There are multiple ways in which "......education can provide the "teachable
moment" that will create lifelong learners out of this new generation."
For the whole report and the recommendations of the report, please
visit: http://www.ascd.org/ASCD/pdf/fracturedworld.pdf
9) Model Music Programs Selected:
The National Association for Music Education has announced the twelve school
music programs that have been selected for special recognition in an nationwide
search
for The Model Music Programs. The twelve programs, selected for best practices
and innovation, will be invited to participate in a panel discussion at the
MENC National Conference in Salt Lake City in April 2006, and will receive a
$1500 grant. The programs will also be highlighted in a forthcoming publication.
156 schools representing 45 states submitted their programs for review in this
competition. The following programs were selected:
A.E. Stevenson High School, Lincolnshire, IL, Main Contact: Clark Chaffee
Conners/Emerson School, Bar Harbor, ME, Main Contact: Rebecca Edmondson
East Meadow School District, Westbury, NY, Main Contact: Abby Behr
East Ramapo Central School District, Spring Valley, NY, Main Contact: Gail Calisoff
Haley Elementary School, Fort Wayne, IN, Main Contact: Wendy Bloom
South Eastern School District, Fawn Grove, PA, Main Contact: Carl Barr
Nanuet School District, Nanuet, NY, Main Contact: Dr. Jack L. Gremli
Nora Davis Magnet School, Laurel, MS, Main Contact: Jodie Austin
Page Middle School, Page, AZ, Main Contact: Janice Greisch
Rutland City Public Schools, Rutland, VT, Main Contact: Glenn E. Giles
The Spurwink School: Roosevelt Program, South Portland, ME, Main Contact: Jeff
Shaw,
William Floyd School District, Mastic Beach, NY, Main Contact: Joseph Pergola
The following programs received an Honorable Mention as the top scoring programs
in their Division, but were not selected:
Grissom School, Tulsa, OK, Main Contact: Clydia Forehand Sandstone Middle School,
Hermiston, OR, Main Contact: Lorraine Ellis
For more information about the selection process and the programs, please visit
www.menc.org