Teachers to the legislative rescue

We brought HB555 to your attention quite some time ago. Yet another vehicle for school "reform". It was mothballed, but now appears to be getting a dust-off according to Gongwer, and readied for lame duck action

The House Education Committee is scheduled to meet on three days in the week following the election, and the chairman said Thursday the yet-to-be-completed report card rating bill will be top priority during lame duck.

With meetings set for the afternoons of Nov. 13-15, Chairman Rep. Gerald Stebelton (R-Lancaster) said it is possible the committee will hear other bills, but the main focus will be on legislation to revamp the state's grade cards for school districts and buildings.

Rep. Stebelton introduced a placeholder bill during the summer (HB 555) that currently contains language stating the General Assembly's intent to put in place a system by Dec. 31. He said Thursday, however, the bill is not "totally completed yet."

"The subject matter of 555 is the highest priority (for lame duck)," he said in an interview. "We've had a lot of negotiations and there's still a lot of moving parts."

Mr. Stebelton said he is hopeful the legislature can reach consensus with the governor's office in time to have the bill passed by the end of the year as intended. He has been working with administration officials, the Department of Education and the Senate, he said.

Rep Stableton would be wise to wait just a short while, he might have some actual educators join him in the state legislature, who can help guide him to better policy, instead of creating a mess like this one

Reading Guarantee: Mr. Sawyers said the department is asking for a change during lame duck session to the third-grade guarantee, specifically to a requirement that students with a reading deficiency be assigned to a teacher with a "reading endorsement."

Because teachers with such a certification are few and far between, the agency wants clarification that would align the requirement of a high-performing teacher with the reading endorsement for the time being because acquiring the training for the title requires 12 to 16 semester hours of college credit, he said.

"It's not practical that between January of 2013 - if they're not already in a fall semester someplace - between January and then when they will start again in August that we're going to have this mad rush of people going out to get this reading endorsement (and) that can actually complete 12 to 18 semester hours of credit," Mr. Sawyers said.

"There's got to be an alternative, ultimately, that's put in place for fall (2013), so we're proposing to the General Assembly, what could that alternative be?"

Oh dear. We wrote about the mixed messages and policy mess the legislature has caused with this, so it's good to see ODE acknowledge the problems too. But, these are the kinds of problems that simply would not occur if legislatures with no education experience or background listened to those who have, and hopefully come January, that will include a number of colleagues.

UPDATED: Auditors Interim Attendance Report Released

The Auditor of State has released his interim report on the school attendance erasures issue.

The first observation from reading this 57 page document, is that very few schools have been completely investigated, and of those that have, little if any wrong doing has been found.

Instead what has been discovered are significant levels of bureaucratic oversights, in many cases excused by the complexity of the system designed by multiple layers of state and federal law.

The practices of Toledo are a good example

After news reports that Columbus CSD altered student attendance data, Toledo CSD publicly announced they too scrubbed attendance data. Toledo CSD officials indicated they understood these practices (i.e., removing students with a high number of absences) to be allowable. AOS met with representatives of Toledo at which time Toledo CSD explained its practice of removing students with five consecutive days of unexcused absences and a total of 20 unexcused absences throughout the school year. Toledo CSD has been using the “5/20” rule for withdrawing students since 2001. However, until 2005, Toledo CSD actively removed these students throughout the school year. In 2005, Toledo CSD lost several high‐level administrators to Cleveland MSD. Toledo CSD subsequently hired new administrators and in 2006 the local report card ratings fell since the “5/20” rule for withdrawing students was no longer in place. After realizing lower report card rankings, Toledo CSD administrators decided to reinstitute the “5/20” rule for withdrawing students in the following school year. However, instead of withdrawing students throughout the school year, Toledo CSD waited until after they received the first report from the Secure Data Center from ODE during the reporting period projecting the district’s report card rankings. Toledo CSD informed AOS that they removed all students that met the 5/20 criteria, regardless of assessment test score results for the affected students. However, AOS is still investigating these claims and will report its results later.

Cleveland's prevalent practices of removing truants also appears to fall into this category of bureaucratic non compliance, rather than "cheating"

Based on the information gathered to date, it appears evident that none or virtually none of the student files previously requested will include necessary supporting documentation related to the attendance event causing the student to be pushed to the State during the 2010‐2011 school year. Additionally, it appears Cleveland MSD potentially removed truant students under code 71 without full completion and documentation of truancy due process.

Again, the auditor has yet to fully complete an investigation of this district, noting "AOS is currently obtaining electronic data in an attempt to determine the impact of Cleveland MSD processes and procedures on accountability reporting and we will report results in a later report."

In Marion, another district the Auditor looked at, again no wrong doing was found

During the course of testing, AOS noted numerous instances of students being automatically transferred to the Marion Digital Academy during the 2010‐11 school year. As such, these students were included on the list of those students being pushed to the State and excluded from District report card results.
[...]
AOS identified 46 students transferring to Marion City Digital Academy during the 2010‐2011 school year with no parent or guardian initiation or approval included in Marion CSD’s student files.

Just more bureaucratic mis-steps. And more in Campbell City Schools

AOS tested Memorial High and Campbell Middle Schools at Campbell CSD (Mahoning County), identifying 11 (High School) and 29 (Middle School) students, respectively, that did not have supporting documentation available in the student files to support breaks in enrollment related to the following withdrawal reasons: Verified Medical, Truancy, Expulsion, and Homeschool.

And once again the Auditor notes, "AOS is continuing to investigate these retroactive withdrawals and will report further results later."

Forgive us for being unimpressed both with the how these interim findings are not matching up with a lot of the breathless allegations of "cheating" claimed by some in the media, and also by the sloth like progress being made by the Auditor of state.

It appears that the vast number of attendance erasures might in fact be legitimate, but simply not supported by documentation, as districts had poor policies and procedures in place to record and store the documentation. Furthermore, ODE, despite it's claims to the contrary have not been clear on what is required

The results of our statewide assessment indicate that there are a number of areas requiring centralized, improved ODE guidance and immediate clarification. ODE should use this report as a management tool to identify critical Accountability systems and weaknesses requiring enhancement to aid Ohio schools in Accountability determinations and reporting.

The Auditors list of recommendations is replete with calls for legislative changes, indicating that the current system is inadequate, and not the fault of districts

To strengthen and foster consistency in the reporting of approved homeschooling, ODE should consider requesting the General Assembly to amend the authorities and powers of ESC’s to approve homeschooling for all Ohio school districts, including city and exempt village districts.
[...]
The General Assembly should provide authority for ODE to collect personally identifiable information, such as student names, to enable ODE to work cooperatively with the Ohio Juvenile Court system and DYS tracking and reporting truant students.
[...]
The General Assembly should establish a single statewide student information system so that all data is uniform, uniformly reported, and accessible for data mining. Alternatively if such is not feasible the General Assembly should require ODE to approve the Student Information System used by each district in the state to ensure it meets requirements.
[...]
EMIS monitoring functions should be performed by an independent agency or commission appointed by the General Assembly.

Not mentioned anywhere in this report - how any of this has adversely affected student education. Neither does the Auditor indicate what the cost might be both to districts and to the state if full compliance and his recommendations were implemented.

UPDATED

Acting State Superintendent Sawyer just released the following statement

Good morning:

As anticipated from our communication yesterday, here is a link to the Auditor of State’s Interim Report on Student Attendance Data and the Accountability System released this morning. The report also is available here on our Quick Links page. We are pleased that the report shows that most districts visited to date by the auditor’s staff are compliant with legal and reporting requirements. However, as the report indicates, the investigation is ongoing and the Auditor’s Office will continue to review attendance data for all schools. Regardless of your participation to date in the ongoing investigation, I encourage you to read the interim report to reinforce the attendance policies, administrative guidelines and reporting requirements required by your school or district.

Next Monday during their regularly scheduled meeting, the State Board of Education will hear a report from the Auditor of State’s Office, which will result in discussion related to the impact of the interim report findings and the Local Report Cards. I will update you next week on the status of the Local Report Cards and access to the Secure Data Center.

Thank you,

Michael L. Sawyers
Acting Superintendent of Public Instruction

Final Interim ADM Report 10052012

555

555. That's the new number that Ohioans interested in education policy will need to watch next. H.B.555 is starting life out as a placeholder for the school ratings policy that was stripped from SB316 due to strenous oposition. According to Rep Stebelton, the bill will have substance around imd September, after aseries of meetings with law makers, DOE, school admins and superintendents and OSBA.

H.B.555 is also likely to be piled high with other edcuation policy changes. Report cards for drop out schools, charter schools and peformance standards for eSchools are likely to be included. Gongwer is also reporting that ODE has drafted recommendations it intends to present to the General Assembly, and Rep. Stebelton said H.B.555 could be their destination.

Stay tuned.

The State Constitution - Article VI

A lot of people seem to either not know, not understand, or forget, that the Ohio constitution lays out a very clear duty for the state in the delivery of public education. Here's the full text, with the most relevant pieces highlighted.

Article 6 - Education

§ 01 Funds for religious and educational purposes The principal of all funds, arising from the sale, or other disposition of lands, or other property, granted or entrusted to this State for educational and religious purposes, shall be used or disposed of in such manner as the General Assembly shall prescribe by law.

(Amended, effective July 1, 1968.)

§ 02 Schools funds

The General Assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state.

§ 03 Public school system, boards of education

Provision shall be made by law for the organization, administration and control of the public school system of the state supported by public funds: provided, that each school district embraced wholly or in part within any city shall have the power by referendum vote to determine for itself the number of members and the organization of the district board of education, and provision shall be made by law for the exercise of this power by such school districts.

(Adopted September 3, 1912.)

§ 04 State board of education

There shall be a state board of education which shall be selected in such manner and for such terms as shall be provided by law. There shall be a superintendent of public instruction, who shall be appointed by the state board of education. The respective powers and duties of the board and of the superintendent shall be prescribed by law.

(Amended November 3, 1953.)

§ 05 Guaranteed loans to residents attending colleges and universities To increase opportunities to the residents of this state for higher education, it is hereby determined to be in the public interest and a proper public purpose for the state to guarantee the repayment of loans made to residents of this state to assist them in meeting the expenses of attending an institution of higher education. Laws may be passed to carry into effect such purpose including the payment, when required, of any such guarantee from moneys available for such payment after first providing the moneys necessary to meet the requirements of any bonds or other obligations heretofore or hereafter authorized by any section of the Constitution. Such laws and guarantees shall not be subject to the limitations or requirements of Article VIII or of Section 11 of Article XII of the Constitution. Amended Substitute House Bill No.618 enacted by the General Assembly on July 11, 1961, and Amended Senate Bill No.284 enacted by the General Assembly on May 23, 1963, and all appropriations of moneys made for the purpose of such enactments, are hereby validated, ratified, confirmed, and approved in all respects, and they shall be in full force and effect from and after the effective date of this section, as laws of this state until amended or repealed by law.

(Adopted May 4, 1965.)

§ 06 Tuition credit program (A) To increase opportunities to the residents of this state for higher education, it is hereby determined to be in the public interest and a proper public purpose for the state to maintain a program for the sale of tuition credits such that the proceeds of such credits purchased for the benefit of a person then a resident of this state shall be guaranteed to cover a specified amount when applied to the cost of tuition at any state institution of higher education, and the same or a different amount when applied to the cost of tuition at any other institution of higher education, as may be provided by law.

(B) The tuition credits program and the Ohio tuition trust fund previously created by law, which terms include any successor to that program or fund, shall be continued subject to the same laws, except as may hereafter be amended. To secure the guarantees required by division (A) of this section, the general assembly shall appropriate money sufficient to offset any deficiency that occurs in the Ohio tuition trust fund, at any time necessary to make payment of the full amount of any tuition payment or refund that would have been required by a tuition payment contract, except for the contract's limit of payment to money available in the trust fund. Notwithstanding Section 29 of Article II of this Constitution, or the limitation of a tuition payment contract executed before the effective date of this section, such appropriations may be made by a majority of the members elected to each house of the general assembly, and the full amount of any such enhanced tuition payment or refund may be disbursed to and accepted by the beneficiary or purchaser. To these ends there is hereby pledged the full faith and credit and taxing power of the state.

All assets that are maintained in the Ohio tuition trust fund shall be used solely for the purposes of that fund. However, if the program is terminated or the fund is liquidated, the remaining assets after the obligations of the fund have been satisfied in accordance with law shall be transferred to the general revenue fund of the state.

Laws shall be passed, which may precede and be made contingent upon the adoption of this amendment by the electors, to provide that future conduct of the tuition credits program shall be consistent with this amendment. Nothing in this amendment shall be construed to prohibit or restrict any amendments to the laws governing the tuition credits program or the Ohio tuition trust fund that are not inconsistent with this amendment.

(Adopted November 8, 1994)

Innovation Ohio highlight Issue 2 Pay, Perks and Hypocrisy

Innovation today released documents showing the hypocrisy demonstrated by those supporting SB5.

• Gov. Kasich, whose annual salary is $148,165 (over $10,000 more than his predecessor received), is exempt from the “performance pay” provisions of SB 5, and is still eligible to receive automatic annual 3% “step increases” that SB 5 would terminate for other public workers;
• Gov. Kasich, while repeatedly calling for cuts in the pay and benefits of state and local government workers, pays his own senior staff an average salary of over $110,000. And he has repeatedly fudged the numbers on what he pays all workers in his office. In April, he told the General Assembly that the Governor’s Office payroll was just over $4.8 million. But as of May 7, the actual figure was just over $5.4 million —12% more than what the Governor claimed;
• Gov. Kasich’s 27 Cabinet members earn an average base pay of more than $131, 000 and at least 22 of them each receive an additional $6,600 per year in “car allowances.” At least 7 Cabinet members are also ‘double dippers” who receive state pensions in addition to their government salaries;
• All Members of the Ohio General Assembly earn a base salary of $60,584 for working a part-time job (the average annual salary for all Ohio workers is just over $40,000). But among the 70 Representatives and Senators who voted for SB 5, just 8 earn that “minimum.” The other 62 receive “leadership bonuses” ranging from nearly $34,000 per year to $5,000 annually, with the average bonus being over $8,600. Sen. Bill Seitz of Cincinnati —the only current member of the Senate who does not receive a bonus and was in the Senate when the SB 5 vote took place —had his bonus taken away when he refused to support the legislation;
• Though fiercely critical of “double dipping” by other public workers, 12 House and Senate members who support SB 5 are themselves double-dippers (one is a triple-dipper), and collect legislative salaries in addition to state pensions. Perhaps the biggest single double-dipper in Ohio is House Speaker Bill Batchelder, who receives over $100,000 in a PERS pension, on top of his $94,500 annual legislative salary;
• Unlike regular Ohioans, who are prohibited by law from claiming “mileage reimbursements” for car travel to and from their principal places of work, Ohio House and Senate members voting for SB 5 collect an average of $3,361 per year for driving to the State House to do their jobs;
• Under SB 5, paid sick leave and vacation days would be reduced for average public workers. But General Assembly members enjoy unlimited paid leave for any reason whatsoever, subject only to the “approval” of the House and Senate leadership, whose approval is rarely, if ever, denied;
• Other perks for legislators abound, including thousands of dollars worth of free tickets to athletic events like football, basketball and baseball games, free meals, and other gifts.

The full litanty of hypocrisy can be found over at IO, here.

Courtesy of Ohio Capital Blog, here's video fo the press conference

Sen. Tim Schaffer (R) responds to JTF

State Sen. Tim Schaffer (R) wins the contest for the fastest response to our recent letter. Here it is.

Dear Join the Future,

Thank you for your email regarding Governor Kasich's biennium budget proposal and education plan. I appreciate you taking the time to share your concerns with me.

As work on House Bill 153 begins in the General Assembly, I will be weighing all issues important to the state and my constituents. Much time and debate will go into House Bill 153 and I will keep your thoughts in mind.

Again thank you for your email. If I can be of further assistance please do not hesitate to contact me.

Sincerely,

Tim Schaffer
State Senator
31st Senate District

Didn't really answer our questions did it?