Education Update

2) School Issues on the May 2, 2006 Primary.
According to the Ohio Department of Education's web site, there will be 187 issues on the May 2, 2006 ballot. 160 school districts have one issue on the ballot; 12 school districts have 2 issues on the ballot; and 1 district has 3 issues on the ballot. Last year there were 198 issues on the May 5, 2005 ballot, and 53.54 percent were approved by voters.

3) Update on Federal School Funding Lawsuit:
The Ohio Education Association, several Senate and House Democrats, and the Ohio Coalition for Equity and Adequacy filed amicus briefs on April 17, 2006 in support of the lawsuit Doe V. State of Ohio, filed by the Ohio Legal Rights Services in U.S. District Court for the Southern District of Ohio. The briefs were filed in response to a motion filed by defendants to dismiss the lawsuit. The plaintiffs, representing eight students in special education programs, their parents, and a class of over 250,000 Ohio students, seek relief under the IDEA and the U.S. Constitution, alleging that Ohio has failed to adequately fund the special education services to which the students are entitled. This lawsuit was originally filed in 1991 by several Ohio school districts. Ohio Legal Rights Services entered as plaintiffs on August 27, 1993, after school district plaintiffs withdrew from the case following the first DeRolph decision in Perry County. The court issued a stay order for Doe V. State of Ohio in 2001 pending the resolution of DeRolph, but subsequently have removed the stay order when the DeRolph issues were not resolved by the state.

The Doe V. State of Ohio alleges that the special education system violates federal law and the Ohio and U.S. constitutions, and asks the federal court to enforce the Ohio Supreme Court's decision in the DeRolph school funding lawsuits.

The briefs filed in support of the lawsuit argue that the Ohio General Assembly has failed to implement a constitutional system of funding schools, and the current changes in tax law have actually increased reliance on local taxes to fund schools. The result of the unconstitutional school funding system has created disparities in educational opportunities provided by public schools throughout Ohio.

The defendants are expected to file a response by a June 16, 2006 deadline. For more information about the lawsuit, please visit the following web site: http://olrs.ohio.gov/asp/specialedfundingcase.asp

4) Lawsuit filed over Tobacco Funds:
Ohio Attorney General Jim Petro filed a lawsuit on April 19, 2006 in the Franklin County Court of Common Pleas alleging that two national tobacco companies have failed to meet their obligations outlined in the 1998 Master Settlement Agreement (MSA) regarding lawsuits against the tobacco industry. According to the Attorney General, the tobacco companies are withholding approximately $38 million out of a $312 million share that Ohio should receive this year as part of the Master Settlement Agreement. The companies have also withheld funds designated for other states, citing that they have lost market share and, according to the MSA, are not required to pay these funds. The tobacco settlement funds are used here in Ohio to support state programs, such as the school building programs administered by the Ohio School Facilities Commission. Approximately $246 of MSA will be used to support school facilities projects in FY07.

For information about the lawsuit, please visit the web site of the Ohio Attorney General at http://www.ag.state.oh.us/press/06/04/pr060419.asp

5) More about the No Child Left Behind:
The federal No Child Left Behind Act (NCLB) was adopted by Congress in January 2001 and faces reauthorization in 2007. Several reports and studies that focus on the progress and limitations of the act, and make recommendations to improve the act are now being published by a variety of organizations. A bipartisan, independent commission headed by former Health and Human Services Secretary Tommy G. Thompson and former Georgia Governor Roy E. Barnes met in early March 2006 to begin review of the federal No Child Left Behind Act (NCLB). Congress is expected to begin the reauthorization of NCLB in 2007, and this Commission will provide Congress with an analysis of the law and its success in raising student achievement nationally.

The Commission will hold its first hearing in Los Angeles, CA, which will focus on Teacher Quality. Other meetings will focus on assessments, accountability, interventions, and consequences. The final hearing of the commission will be in September in Washington, DC.

The Commission invites the public to comment on the No Child Left Behind Act through the web site of the Aspen Institute at http://www.aspeninstitute.org.

6) Schools of Distinction Announced:
The Ohio Department of Education announced on April 19, 2006 that 21 schools have been chosen for a new "Schools of Distinction" program. These schools have at least 75 percent of all students, including those with disabilities, scoring proficient or above on a combination of state assessments during the past three years, and meet other criteria. These schools will be recognized at the Second Annual State Improvement Grant/Ohio Integrated Systems Model Conference on October 11, 2006 in Columbus. For a list of the "Schools of Distinction", please visit the ODE web site at www.ode.state.oh.us.

7) Resolution in Support of Music Education Adopted:
The U.S House of Representatives unanimously approved a resolution (H. Con. R. 355) in support of music education on April 4, 2006. The resolution was sponsored by Representatives Jim Cooper (D-TN) and Jon Porter (R-NV), and recognizes the benefits and importance of school-based music education for every student as part of a well-rounded curriculum.

Speaking in support of the resolution was Ohio Representative Stephanie Tubbs Jones, who stated, "Educators with whom I meet, often express frustration that compressed school schedules and the focus on high stakes testing are failing to help our children develop the critical thinking skills needed to compete in an increasingly complex world. Music education aids critical thinking and more. I believe it imperative that we recognize its importance in the lives of our children, and strive to make school based music education available to all of America's youth."