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To:     LWVO
From:   Joan Platz
Education Update for December 18, 2006

1)  126th Ohio General Assembly: 
The Ohio House and Senate are scheduled to hold committee meetings on Monday and Tuesday, December 18 & 19, 2006 and sessions on December 19, 2006.  The Ohio House and Senate are expected to complete work this week and adjourn, which will end the 126th Ohio General Assembly.  The 127th General Assembly will convene on January 2, 2007.

Lawmakers continue to work on Sub. SB 311 (Gardner), the Ohio Core Curriculum. Last week the bill was amended in the House Education Committee (see details below), and was scheduled for a vote by the full House, but was pulled from the agenda.  Sub. SB 311 is now on the House agenda for December 19, 2006.

Hearings will be held this week in the Senate Education Committee on Am. HB671 (Webster) - which revises laws regarding the employment of school district treasurers, and in the Senate Finance Committee on Am. HB 699 (Calvert) - the Capital Budget for FY07-08.

A conference committee on HB 79 (Raga - Teacher Misconduct) was canceled last week and is expected to be held this week.  This bill has been in conference committee for close to a year, even though most of the parties have agreed to its provisions.  It was expected that this bill would be amended to include some "clean-up" and clarification language requested by the Ohio Department of Education. However, it may be amended to include substantiative changes in charter school laws and other education related subjects, such as Representative Calvert's STEM recommendations.  Since the bill is already in conference committee, any changes approved by the conference committee will be included in the bill without further debate.  The Ohio House and Senate then need only to concur with the conference committee report for the bill to pass the General Assembly and move to the governor to be signed into law.

2)  Committee Hearings Scheduled the Week of December 18-19, 2006:

*The Senate Finance and Financial Institutions Committee chaired by Senator Carey will meet on Monday, December 18, 2006 at 10:00 AM. The committee will hear testimony on HB 699 (Calvert) - the Capital Budget for FY07-08.  A vote is expected.

*A Conference Committee on HB 79 (Raga) - Teacher misconduct, is scheduled for December 18, 2006 at 3:00 PM or after the Senate Finance Committee in room 113.  There have been rumors that several amendments regarding charter schools may be added to this bill.

*The Senate Education Committee, chaired by Senator Padgett, will meet on Tuesday, December 19, 2006 at 4:00 PM in the North Hearing Room.  The Committee will hear testimony on HB 671 (Webster) - School district treasurer contracts, and consider the re-appointments by Governor Taft of Steve Millett, Jennifer Sheets, and Carl Wick to the State Board of Education.

3)  Federal Update: 
The 110th Congress will convene on January 4, 2007.  Most of the FY07 appropriations bills were not approved by the outgoing 109th Congress, and so a continuing resolution was passed to fund at current levels federal departments and agencies until February 15, 2007.  The resolution also increased the cap on family income levels for the Washington D.C. public school voucher program, thus expanding the number of families eligible to participate in the program.  According to some reports, lawmakers in the next Congress may adopt a year-long resolution to continue funding for the government, rather than approving the nine remaining FY07 appropriations bills.  Some of the funding levels may also be increased.

4)  Last Week at the Statehouse: 
Only a few education related bills were debated and approved last week in the marathon sessions of the Ohio Senate and House.  In between recognitions of lawmakers who are completing their terms at the Statehouse, both the House and Senate approved a health care coverage bill requiring mental health parity (SB 116 - Spada), and a controversial bill regarding civil law - consumer sales practices (SB 117 - Mallory).

The House passed a controversial bill that implements the minimum wage constitutional amendment (HB 690 -Seitz), approved HB71 (Stewart), which allows those with military service to purchase credit with PERS, and concurred with Senate amendments to HB 343 (Raga), which increases the age for obtaining a temporary driving permit.

The Ohio Senate approved HB293 (Kilbane) - property tax for senior citizens, and a bill that revises Public Records Law, HB9 (Oelslager).

The Ohio House also approved HB 699 (Calvert) - the FY07-08 Capital Budget, which was immediately sent to the Senate Finance Committee for hearings.  The House Finance Committee added an omnibus amendment that addressed the Commercial Activity Tax; appropriations for Shawnee State; housing for patients who are mentally ill; Turnpike Authority membership; job training tax credit; the North East Ohio Universities Collaboration and Innovation Study Commission (HB 689 - Trakas) ; and more.  One of the amendments pertaining to education permits school districts to replace an income tax with an earnings-only income tax of the same amount.  HB699 (Calvert) includes $1.78 billion in appropriations for capital projects and improvements for FY07-08, and technical, corrective, and other adjustments in law.

One of the most debated education related bills to pass the Senate last week was Am. Sub. HB 276 (J. Stewart).  This bill originally included language that addressed revised school policies prohibiting intimidation, bullying, and harassment of students.   By the time HB 276 was approved by the Ohio Senate Education Committee it also included changes in law affecting community schools, testing, and Rio Grande Community College.   The following is a brief summary of the bill prepared from the Legislative Service Commission's analysis.

*Requires each school district board of education and each community school governing authority to adopt a policy prohibiting harassment, intimidation, or bullying of any student on school property or at a school-sponsored activity, and the State Board of Education to develop model policies to prevent bullying and harassment.

*Eliminates the summer administration of the third grade reading achievement test.

*Allows students who otherwise must pass the former ninth grade proficiency tests for high school graduation, but who have not fulfilled the curriculum requirements for a diploma by September 15, 2006, to meet the graduation testing requirement by passing any combination of proficiency tests and Ohio Graduation Tests in the
five tested subjects.

*Requires school districts and community schools to administer the kindergarten readiness assessment between four weeks prior to the start of school and October 1.

*Provides for the assignment of EMIS student data verification codes for children receiving early intervention services under the Help Me Grow program.

*Permits the Department of Education to have access to personally identifiable information about a student if the Department needs the information to (1) notify the student's school district or school of threats or descriptions of harm included in the student's response to an achievement test question, (2) verify the accuracy of the student's achievement test score, or (3) determine whether the student satisfies the alternative conditions for a high school diploma.

*Expands the definition of community school operator to include a nonprofit organization that provides programmatic oversight and support to the school, and retains the right to terminate its affiliation with the school for failure to meet quality standards.

*Allows community schools established outside of the statewide caps to be managed by operators not currently managing schools in Ohio.

*Permits a school district to include the academic performance data of a community school located in the district on the district report card if the district (1) leases a building to the school or (2) has an agreement with the school to endorse each other's programs.

*Specifies a procedure for a parent to waive entitlement to a computer from an Internet- or computer-based community school.

*Repeals the authorization for teachers to temporarily teach a subject area or grade for which they are not licensed.

*Permits a school district to renew the contract of a director, supervisor, or coach of a pupil-activity program who is not a licensed educator without first offering that position to a licensed educator.

*Permits temporary deficits in school district special funds under certain conditions.

*Permits the Superintendent of Public Instruction to waiver the minimum number of school days in the 2006-2007 school year for a joint vocational school district that experiences delays in a state-assisted construction project.

*Permits the boards of trustees of Rio Grande Community College and the University of Rio Grande to enter into a contract to have the university operate the community college and to employ a joint president.

5)  Update on Sub. SB 311 (Gardner):

Last week the House Education Committee, chaired by Representative Setzer, held two meetings on Sub. SB 311 (Gardner) to hear sponsor testimony on the bill presented by Senator Gardner, accept amendments, and report the bill out of committee. The committee meetings were delayed several times by recesses and caucuses, due to the lengthy agenda in the Ohio House and the controversy over the implementation and cost of Sub. SB 311.  To ensure that the committee had enough votes to report the bill out favorably, House Speaker Jon
Husted replaced five House education committee members (Representatives Fessler, Hood, Seaver, Taylor, and Wagner) with Representatives De Wine, Raga, Flowers, Schneider, Carmichael.

An omnibus amendment offered by Representative Setzer, and amendments offered by other majority committee members were approved by the committee.  Members of the minority also offered several amendments, which were tabled.  One amendment offered by Representative Chandler would have permitted a student who opted-out of the Ohio Core a way to "opt back in".   The bill was favorably reported out of committee on December 13, 2006 by a vote of 12-8.  The following is a summary of some of the amendments that were added to the bill:

CHANGE - Adds a teacher who teaches in any grades nine through twelve in a career center to the Partnership for Continued Learning.

CHANGE- Allows students to complete the science requirements for graduation by taking the courses listed in the bill, or their "equivalent".

NEW- Adds agricultural education to the list of courses that students can complete to meet the five "elective" credits in the Core for graduation.

NEW- Allows students who are pursuing a career-technical instructional track as determined by the school district board of education or nonpublic chartered school's governing authority, to opt out of the requirement to complete two semesters in the fine arts for graduation.  The provision goes on to say, "Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective."

NEW - Requires the Ohio Department of Education to act within sixty days to grant a dropout or recovery program a waiver off from the Ohio Core graduation requirements, or the waiver will be granted automatically.

NEW- Creates Section 3313.603 (L) regarding high school graduation requirements.  This sections permits school districts and chartered nonpublic schools "...to adopt a policy to excuse from the high school physical education requirements each student who, during high school, has participated in interscholastic athletics, marching band, or cheerleading for at least two full seasons.  If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate.  However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction in another course of study."

CHANGE - Adds joint vocational schools to the list of city, local, exempted village, and chartered nonpublic high schools that shall provide students with opportunities to participate in dual enrollment programs in grades nine-twelve.

NEW - Creates new Section 3319.0811, which states that "...if the board of education of a school district offers to students of compulsory school age courses for high school credit that are taught at times outside the district's normal school day, the board shall enter into supplemental contracts under section 3319.08 of the Revised Code with the teachers assigned to teach those courses and shall not include such assignments of duties within the teachers' regular employment contracts under that section."

CHANGE - Requires the State Board of Education to include in its annual report on the quality of teacher preparation in Ohio the progress of the state in increasing the number of classroom teachers in science, mathematics, and foreign languages.

CHANGE - Requires reports of the effectiveness of teacher preparation programs to be sent to the executive, leadership in the Ohio House and Senate, and directors of certain agencies.

CHANGE - Requires the Board of Regents to adopt "uniform statewide" standards for academic remedial and developmental courses offered by state institutions.

NEW - Adds new Section 3345.062, which requires each state university to offer via the internet or interactive distance learning at least two college level courses, one each in science and mathematics, but which high school students may earn both high school and college credit, IF the Partnership for Continued Learning does not complete recommendations for post secondary enrollment options programs.

CHANGE- Reduced and removed the appropriation in the bill.  House rules require appropriations to be debated by the Finance Committee.

6)  State Board of Education Meets: 
The State Board of Education, Sue Westendorf president, met on December 11 & 12, 2006 at the Ohio School for the Deaf, 500 Morse Road, Columbus, OH.  The Territory
Transfer subcommittee met on December 10, 2006 at the Embassy Suites in Columbus and received information from the Groveport Madison Local School District concerning the request to de-consolidate the district.

On Monday, December 11, 2006 the Quality Middle and High Schools Subcommittee, chaired by Carl Wick and Deborah Owens-Fink, met to discuss the progress of several middle and high school initiatives, and received comments from committee members.  Julie Schaid, Director of the Partnership for Continued Learning, was introduced to the subcommittee, and David Burns and Sarah Luchs from the ODE reviewed with the committee some of the pressure points that are being leveraged to improve student achievement at the high school level. These include eighth grade achievement, ninth grade retention, OGT achievement, graduation rates, engagement in rigorous curriculum, and college remediation rates.  The committee then discussed the need to do a better job communicating the need for all students in Ohio to be better prepared for the future.  This also includes reaching diverse audiences (students, parents, educators, business, and community) and delivering the message in ways that will be effective.

The Executive Committee, chaired by Sue Westendorf, introduced the newly elected members of the State Board of Education, Debbie Cain, Tom Sawyer, John Bender, and Susan Haverkos who were attending the Board meeting.

*Appointments to committees were also announced:  Sam Schloemer and Colleen Grady were appointed to the State Advisory Panel for Exceptional Children, and Carl Wick and Jane Sonenshein were appointed to the Superintendent's Parent Advisory Committee.

*Kelly Weir and Chris Castle reviewed with the Board issues regarding data accuracy and the directive to the State Board of Education outlined in HB 530.  A Data Integrity Team has been working with the ODE to develop a structure for ensuring the reliability and integrity of data reported by school districts and charter schools; progressive sanctions to ensure compliance with data reporting requirements; and a corrective action process, with training, to improve the accuracy of data collection and reporting.  The recommendation was approved by the committee, and moved to the full Board for consideration.

*Paolo DeMaria and Barbara Mattei-Smith reviewed with the Committee recommendations regarding Average Daily Membership (ADM).  The ODE was charged in HB 66 (Calvert) - Biennial Budget to provide a plan whereby,

(A) School districts make a second annual certification of formula ADM in the second half of each fiscal year, prior to the first day of April;
(B)  The second annual certification of formula ADM may be used to guarantee a minimum level of state funding to each school district for the next fiscal year, with sufficient notice so that the districts may prepare in advance of each school year.

The recommendation prepared by the ODE includes two options: 
1)  a formula ADM within the guidelines defined in HB 66, which would include a count of students conducted during the first week in February of the prior school year, with an adjustment if a district reports an increase of three or more percentage points in October; or

2) a system that provides an annual ADM reported during the year-end reporting period, with an adjustment if a district reports an increase of three or more percentage points in October.

The ODE also proposes under either or any system, that the calculation of the poverty index used to determine the distribution of poverty based assistance be completed at the start of the fiscal year, based on prior year student counts without further adjustments. The Committee approved this recommendation, which will be moved to the full Board for consideration in January.

*Mike Cochran, chair of the Territory Transfer Subcommittee, provided the Executive Committee with an update on the December 10, 2006 Territory Transfer Subcommittee meeting regarding a petition to de-consolidate the Groveport Madison School District.  Mr. Cochran noted that, even though the State Board may take action on proposals to de-consolidate districts, the Ohio General Assembly has the final say.  This puts the State Board of Education in the middle.  Hundreds of hours of work are spent collecting data and preparing documents in support of and opposition to these school district proposals, but even after a decision is made by the State Board, the General Assembly can refuse to take any further action, leaving petitioners without a final decision.  Mr. Cochran recommended that this situation be reviewed for future legislative recommendations.

The Achievement Committee, chaired by Jim Craig and Mike Cochran, and the Capacity Committee, chaired by Carl Wick and Jennifer Sheets, met at 10:30 AM.

The Achievement Committee discussed resolutions regarding the value added rules, an Algebra II Request for Proposals, and the rules for the Honors Diploma.

The Capacity Committee discussed recommendations regarding speech-language pathology assistants, the deadline for Educational Service Center contracts, the Educational Service Center funding proposal, performance based licensure rules, teacher education programs, preschool education, and special education payments.

During the meeting of the State Board of Education on December 11, 2006, the Board addressed the following:  honored Ohio's Blue Ribbon Schools; reviewed the State Board of Education's revised procedures manual; discussed legislative recommendations regarding ADM; received an update on federal and state legislation and Board member committee reports; and conducted a Chapter 119 hearing on a resolution to rescind Rule 3301-02-04, notice of personal information systems.

The State Board also met on December 12, 2006.  The State Board of Education's School Funding Subcommittee, chaired by Virgil Brown and facilitated by Paolo DeMaria, Associate Superintendent for School Finance, discussed a draft of a document, "Report and Recommendations of the School Funding Subcommittee of the Ohio State Board of Education".  The purpose of the document is to provide guiding principles and recommendations regarding school funding policies for the State Board of Education.  Committee members noted that the
report was a concepts document and not a roadmap for implementation. The committee reviewed comments submitted by stakeholders and interested parties, noted how they were addressed in the document, and discussed how the document could be organized. There was also a discussion about the next steps, which may include the development of an action plan based on the recommendations of the subcommittee.

The full Board then received a presentation on the Achieve policy study from Michael Cohen, President of Achieve, Inc. and Michael Barber, Expert Partner, McKinsey Group Global Public Sector.  Ohio is participating in the American Diploma Project sponsored by Achieve, Inc. Achieve is also sponsoring a study on education policy in Ohio, similar to the one that Achieve conducted in 1999.

The policy study is being conducted by McKinsey, a global consulting firm.  This policy study will help to position Ohio's education system in the new global economy by identifying international benchmarks to use as models of educational practices and policies for the schools of the 21st Century.

Michael Barber shared with the Board some preliminary findings of his research, which includes identifying and creating benchmarks for best practices that exemplify a world class school system.  According to his research on best practices, Japan was identified for teacher training and professional development; Singapore for its consistency in developing school leaders; England for its intervention system; and Sweden for its school choice system. The findings and recommendations of the Achieve policy study will be presented to the State Board of Education in January 2007.

At its business meeting the Board took action on 18 resolutions, including 13 personnel items and the following resolutions:

*Denied a proposed transfer of territory from Bedford City School District, Cuyahoga County, to Cuyahoga Heights Local School District, Cuyahoga County.

*Accepted the recommendation of the Territory Transfer Subcommittee that evidence of need has not been established for the proposed creation of a new school district from part of the territory of Groveport Madison Local School District in Franklin County.

*Approved a resolution to adopt the Local Report Card Indicators for the 2007-20008 school year and beyond.

*Approved a motion regarding a legislative proposal on data accuracy, to be submitted to the House and Senate Education committee, president and minority leader of the Senate, and the Speaker of the House, and the minority leader of the Ohio House of Representatives.

*Approved resolutions honoring the following State Board members, who's terms have ended and are leaving the State Board:  Richard Baker, James Craig, Thomas Gunlock, Deborah Owens Fink, and Martha W. Wise.   The Board then adjourned.

The next regular meeting of the State Board of Education is scheduled for Monday and Tuesday, January 8-9, 2007, at the Ohio School for the Deaf, 500 Morse Road, Columbus, Ohio.  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.

7)  Support for D.A.R. E Programs Announced: 
Ohio Attorney General Jim Petro announced on December 14, 2006 that his office would be funding the Drug Abuse Resistance Education Program (D.A.R.E.) through a grant of $3.4 million.  There are 212 law enforcement agencies participating in the program, and the funds will be use to pay half of the salaries of the D.A.R.E officers during the 2006-2007 school year.  For more information about the program, please visit http://www.ag.state.oh.us/press/06/12/pr061214.asp.

8) Bills introduced the week of December 11-15, 2006:

*HB 704 (Wolpert)  Revises the law regarding determining and reporting school district and school building performance ratings.
*HB707 (Oelslager) Creates the Health Care Fund in the State Teachers Retirement System, and makes other changes in STRS law.

9)  Music Educator Named Teacher of the Year: 
Music educator George Edge was chosen Ohio's 2007 Teacher of the Year.  This announcement was made by Governor Taft on December 13, 2006 at Grove City High School, where Mr. Edge teaches instrumental music and is the director of bands.   A teacher for 27 years, Mr. Edge is one of twenty high school band directors who has been inducted into The American Bandmasters Association. He is also a recipient of the American School Band Director's Association's Stanbury Award, and the Columbus Symphony Orchestra's Secondary School Music Educator Award.  He has twice led the Grove City High School marching band to perform in the Pasadena Tournament of Roses Parade, and in the London, England, New Year's Day Parade in 2005.  Under his leadership the Grove City High School symphonic and marching bands have received superior ratings at the Music Fest Orlando National Concert Band Contest in 1993, 1997, 2001 and 2006; superior ratings at the Ohio Music Educators Association (OMEA) state marching band finals, 1981-2005; and, superior ratings at the OMEA state concert band contests, 1979-2005.

According to a press release from the ODE, "Edge also contributes to his profession and school by offering his skills and insights to other music teachers through OMEA programs; leading seminars for aspiring instrumental music teachers at several state universities; and, serving on the GCHS site-based steering committee. He gives back to his community with band performances at civic and charitable events and by helping the local booster organization raise funds to enable financially challenged students participate in educational trips and opportunities."

The Ohio Teacher of the Year program was initiated by ODE in 1969 to honor and promote excellence in teaching and the teaching profession, and build a network of exemplary teachers who are leaders in school improvement initiatives.  Mr. Edge will succeed Eric Combs, a high school social studies teacher at Fairborn High School in Fairborn, who served as the 2006 Ohio Teacher of the Year.
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