So-called "right to work" Hot Potato

The House Manufacturing and Workforce Development Committee, chaired by Rep. Schuring (R) held the first reading of HB151 and HJR5 - the anti worker so-called "right to work" legislation. They heard from the bills sponsors, Rep. Roegner (R) and Rep. Maag (R).

The hearing room was packed to capacity by opponents of the bill, indeed so many people were in opposition to this bill that they filled two additional overflow rooms, and left some standing in the hallways listening over a speaker system.

As expected, Rep. Roegner and Rep. Maag gave misleading and highly selective testimony, that failed to stand up to questions from the committee. Often they had to fall back upon "feelings", "beliefs" and ad nauseam recitation of the word "freedom" like they were auditioning for the role of William Wallace in an off-Broad St. production of Braveheart.

Rep. Tom Letson (D-Warren) said Ohio law already allows employees to choose not to belong to unions and instead contribute "fair share" payments. "It seems as though the freedom you are espousing here is already in the body of the law," he said, suggesting the proposal was redundant.

The Democrat's statement drew a roar of applause from the audience, prompting Chairman Schuring to slam the gavel and warn spectators to observe proper decorum or be ejected from the room.

Rep. Roland Winburn (D-Dayton) questioned whether the measure would allow workers who choose not to pay union dues to benefit from the union's representation and called it "a right-to-freeload law more than the workplace freedom law."

Rep. Patterson said he believed allowing individual workers to "cut their own deals" with management effectively undermines the efficacy of collective bargaining and asked the sponsors if they thought the measure would weaken labor unions in the state.

The true facts regarding so-called "right to work" laws and their impact on working people and the economy are clear

The hearing was more notable for what didn't happen, rather than what did. Not a single Republican questioned their colleagues about their proposed bill, despite intense questioning by the Democrats on the committee. It was also apparent that there were few, if any supporters of the bill at the hearing.

The lack of a convincing case for the bill, a lack of support in the Republican caucus, and widespread opposition led the chairman to declare the bill dead in his committee

The chairman of a House panel that heard testimony on controversial right-to-work legislation Tuesday said there would be no further hearings on the matter in his committee.

Chairman Rep. Kirk Schuring (R-Canton) said after the hearing that members of the panel had unanimously agreed not to continue deliberations on the proposals.

"I've surveyed the committee and for a wide variety of reasons, the committee has determined that it would not be appropriate to have additional hearings on the legislation," he said in an interview.

"My individual thoughts are that I've been in the legislature now for 20 years and I have not had one union shop - an owner of a company that is a union shop or an executive from a company that is a union shop - has come to me and asked for this type of legislation," the chairman said.

"So I think it's something that does not need to be addressed at this point in time. There are a whole host of other issues regarding our economy and how we can improve the economic climate in this state that we need to address."

The chairman's comments reflect the radioactive nature of the issue currently for majority Republicans who saw an attempt to curb union collective bargaining thrown out by voters last session (SB5, 129th General Assembly).

With that, the Republicans in the Ohio House passed this hot potato to their Tea Party grassroots activists. Signature collection by right wing extremists now being the only route left for this legislation to move forward. With that signature collection deadline fast approaching, and reports that the Tea Party are struggling to collect those signatures, it is unlikely a so-called "right to work" amendment will find its way onto a ballot this year. This Leaves next year (when the governor and most of his legislative pals are up for reelection) as the next possible date, followed shortly afterwards by the lame duck session of 2014.

But for now, it doesn't look like anyone wants to be left holding this anti-worker, deceitful hot potato.

Senate budget - good, bad, ugly

The much anticipated Senate budget, when it comes to education policy, could be titled "The Good, the Bad and the Ugly". We've already discussed the ugly, let's take a look at the good and the bad.

The Good

The statewide parent trigger, proposed by the governor and eliminated by the house, is not proposed by the Senate either and appears dead, for now.

The Senate also includes a fix to HB555 and the onerous teacher evaluation provisions it contained. Here's what the fix proposes

Prescribes that the student academic growth factor must account for 35% (rather than 50% as under current law) of each evaluation under the standards-based state framework for evaluation of teachers developed by the State Board of Education and permits a school district to attribute an additional percentage to the student academic growth factor, not to exceed 15% of each evaluation.

Specifies that, when calculating student academic growth for a teacher evaluation, students who have had 30 or more excused or unexcused absences for the school year must be excluded (rather than excluding students with 60 or more unexcused absences as under current law).

Ohio Revised Code labels a student as a chronic truant if they are absent 14 days, so 30 days is still a high number of absences to allow, but it is certainly better than the ridiculous 60 days in current law. The reduction in the use of VAM to 35% from 50% is a welcome improvement.

The Governor proposed eliminating the single salary schedule, and the House concurred. The Senate however strikes this proposal from their budget. We suspect there will be pressure applied to put this back in. Educators and support professional should continue to apply their own pressure on legislators to keep it out.

The Senate also eliminated the home-school freeloading provision the House added that would have allowed home schoolers to participate in district extra-curricular activities at no expense.

The Bad

The Governor proposed a massive statewide voucher expansion effort, the House concurred, and the Senate has left the proposal in too. With massive opposition to this proposal we were a little surprised the Senate left this unnecessary proposal in their budget.

Charter schools get a number of additional free passes from the Senate, including an e-school exemption for phys ed., an additional qualifying condition for vouchers, and a provision that would make charter school closures more difficult as LSC notes it "May be more difficult to close community schools after July 1, 2013 (compared with current law after that date).". The Senate also eliminates a charter school teacher quality provision for charters populated primarily with students with disabilities. A number of other smaller provisions setting charter schools on a longer path to failure are also propsed by the Senate, such as:

Exempts students of chartered nonpublic schools accredited through the Independent School Association of the Central States from passing the end-of-course examinations as a prerequisite for graduation from high school.

The Charter school business doesn't contribute millions of dollars a year to Republican politicians for nothing.

The challenging

The Senate adds a new levy type aimed at school safety

Authorizes school districts to levy a property tax exclusively for school safety and security purposes. Requires the levy to comply with the same requirements that apply to general school district levies in excess of the 10-mill limitation.

A good intentioned proposal aimed at lowering violence in schools, but there should be concern that a safety levy might reduce local taxpayers appetites for funding levies for normal school operations, the core purpose of schools themselves. School districts will have to be mindful in how they approach this issue.

Here's the full comparative document of the education section of the budget

Senate Sub HB59

Now is the time to do something about gun violence

In the wake of the Sandy Hook school shootings, the President has released his plan to improve gun safety and hopefully prevent future massacres and gun related deaths.

His full plan can be read here.

Here's a list of his major principles:

• Require criminal background checks for all gun sales.
• Take four executive actions to ensure information on dangerous individuals is available to the background check system.
• Reinstate and strengthen the assault weapons ban.
• Restore the 10-round limit on ammunition magazines.
• Protect police by finishing the job of getting rid of armor-piercing bullets.
• Give law enforcement additional tools to prevent and prosecute gun crime.
• End the freeze on gun violence research.
• Make our schools safer with more school resource officers and school counselors, safer climates, and better emergency response plans.
• Help ensure that young people get the mental health treatment they need.
• Ensure health insurance plans cover mental health benefits.

On top of these principles the President also issued 23 executive orders:

1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.

2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background check system.

3. Improve incentives for states to share information with the background check system.

4. Direct the Attorney General to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.

5. Propose rulemaking to give law enforcement the ability to run a full background check on an individual before returning a seized gun.

6. Publish a letter from ATF to federally licensed gun dealers providing guidance on how to run background checks for private sellers.

7. Launch a national safe and responsible gun ownership campaign.

8. Review safety standards for gun locks and gun safes (Consumer Product Safety Commission).

9. Issue a Presidential Memorandum to require federal law enforcement to trace guns recovered in criminal investigations.

10. Release a DOJ report analyzing information on lost and stolen guns and make it widely available to law enforcement.

11. Nominate an ATF director.

12. Provide law enforcement, first responders, and school officials with proper training for active shooter situations.

13. Maximize enforcement efforts to prevent gun violence and prosecute gun crime.

14. Issue a Presidential Memorandum directing the Centers for Disease Control to research the causes and prevention of gun violence.

15. Direct the Attorney General to issue a report on the availability and most effective use of new gun safety technologies and challenge the private sector to develop innovative technologies.

16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.

17. Release a letter to health care providers clarifying that no federal law prohibits them from reporting threats of violence to law enforcement authorities.

18. Provide incentives for schools to hire school resource officers.

19. Develop model emergency response plans for schools, houses of worship and institutions of higher education.

20. Release a letter to state health officials clarifying the scope of mental health services that Medicaid plans must cover.

21. Finalize regulations clarifying essential health benefits and parity requirements within ACA exchanges.

22. Commit to finalizing mental health parity regulations.

23. Launch a national dialogue led by Secretaries Sebelius and Duncan on mental health.

The NEA has issued a strong endrosement of this plan

NEA President Dennis Van Roekel issued the following statement:

“The senseless tragedy in Newtown was a tipping point and galvanization for action. As educators, we have grieved too long and too often—for the children killed, their families and the heroic educators who gave their lives trying to protect their students. Now more than ever we need to do what is necessary to make sure every child in our nation’s public schools has a safe and secure learning environment.

“We commend President Barack Obama and Vice President Joe Biden for moving swiftly and presenting concrete, bold steps to keep children safe and begin addressing gun violence in America. We believe the common-sense recommendations put forth by President Obama are an important first step toward keeping children safe, providing more support for students and educators, and keeping military-style weapons out of the hands of those who shouldn't have them. To solve the problem, we must have not only meaningful action on preventing gun violence but also bullying prevention and much greater access to mental health services, so that educators and families can identify problems and intervene before it’s too late.

In a letter to Vice President Biden, the NEA outlined its proposal that, while including sensible gun safety recommendations, focuses on truly preventive measures, including greater access to mental health services, plus the infrastructure, training and programs that will ensure safe learning environments for the nation’s children.

The presidential recommendations are in line with the views of NEA members. A new NEA member poll released yesterday indicates overwhelming support for stronger gun violence prevention laws, including background checks and bans on assault weapons and high-capacity magazine clips. The NEA members polled also overwhelmingly rejected the idea of arming educators.

“The idea of arming teachers as some had suggested was rightly and soundly rejected by the president’s task force. We especially welcome the president’s comprehensive approach by allowing school districts the option to design and implement appropriate measures to make schools safer and protect their students.

“With the clock ticking to prevent another Sandy Hook and Americans demanding swift action, the nation’s attention now is squarely on Congress. The time is now for Washington to put politics aside and work together to keep our children safe and reduce the incidence of gun violence in our communities.”

How charter operators evade Ohio’s automatic closure law

Policy Matters Ohio issued a report on the failure of Ohio's Charter school accountability laws. The full report can be found at this link. Here's their executive summary.

Ohio law requiring the automatic closure of charter schools that consistently fail to meet academic standards has been showcased by the National Association of Charter School Authorizers in its “One Million Lives” campaign, which calls for tougher state laws to close failing charter schools. Key findings

• Ohio law requires automatic closure of academically failing charter schools.
• Loopholes in the closure law allow sponsors and charter management organizations (CMOs) to keep failing schools open despite orders to close.
• Seven of 20 closed schools are still operating, with five run by the same CMOs that first opened them.
• An eighth school avoided mandated closure by shutting down a year early, but reopened with much of the same staff.

The widespread attention given the NACSA campaign has pushed Ohio’s closure law into the spotlight as a model of accountability. Unfortunately, loopholes weaken Ohio law. Since the charter-closure law went into effect in 2008, 20 schools across the state have met closure criteria, and all are currently listed as closed by the Ohio Department of Education.

But Policy Matters Ohio has documented that of those 20 schools, seven have essentially remained intact, effectively skirting the automatic-closure law. In some cases, charter management organizations (CMOs) have expanded the charters of other schools to incorporate grade levels served by closed schools. In other cases, CMOs replaced schools facing automatic closure with nearly identical schools, managed by the same company with much of the same staff. An eighth school, Hope Academy Canton, was ordered closed by its sponsor a year before it would have been shut down by the state. Our investigation showed that by closing early and opening a new school in the same location with much of the same staff, Hope Academy’s for-profit operator, White Hat Management, bought five additional years of life – and revenue – for a low performing school. In more than half the cases we examined, the new schools’ academic performance remained the same as that of the old schools; five of the eight schools are still ranked in Academic Watch or Emergency, while their management companies and sponsors continue to take in millions of dollars in public funding. For-profit management companies – the Leona Group, White Hat, and Mosaica Education – run six of the schools, the non-profit Summit Academies runs one, and the last is independently operated. The table on the next page provides an overview of these schools.

Automatic closure Ohio’s charter-closure law, which became effective in 2008 and was revised in 2011, calls for automatic closure of schools rated in Academic Emergency for at least two of the three most recent school years. To be subject to the law, charters serving grades four through eight also must show less than one year of academic growth in either reading or math in that time period.

Ohio law holds charter school boards legally responsible for a school’s academic and financial performance, but places no penalty on CMOs when their schools meet closure criteria, even though these companies are often in charge of hiring and firing teachers, assessing academics, contracting vendors, budgeting, developing curriculum, and providing basic classroom materials. This creates a loophole to keep “closed” schools open and to continue to direct public funds to failing schools.

Weak accountability Since the Ohio legislature first established charters, the state has taken a quantity-over-quality approach to approving new schools and allowing troubled schools to continue. The closure law was meant to deal with the glut of ineffective charters that have for too long betrayed the promise of charters in Ohio. But our investigation shows that despite its seemingly strict closure law, Ohio still falls short of the meaningful oversight and accountability needed to improve the state’s charter sector. The repeal in 2011 of Ohio’s “highly qualified operator” provision gives new start-up charter schools the option of contracting with management companies that do not meet performance standards. Similarly, aside from losing revenue, sponsors are not penalized when schools are closed under their watch. Sponsors are coming under increasing oversight, and some are now prohibited from authorizing new schools, but the effectiveness of these efforts remains to be seen.

Recommendations Based on this study, Policy Matters Ohio recommends that legislators revamp the closure law, strengthen ODE’s capacity to oversee charter schools, direct ODE to refuse the kind of expansion of charter contracts that has allowed schools and management companies to skirt the law, and hold charter management companies accountable for the academic performance of their schools. Charter law in Ohio remains ineffective and weak. Until Ohio gets serious about quality in the charter sector – both by preventing operators with weak track records from opening new schools, and by creating a more meaningful charter-closure law – Ohio will continue to fall short of the goal of strengthening its public education system so that it can serve everyone.

State Board of Education

The Dispatch has an article on the State Board of Education elections that will also take place on November 6th

The state board consists of eight appointees of the governor and 11 elected to four-year terms. Seven are up for election on Tuesday.

Perhaps the most-important work ahead for the board will be to hire the next state superintendent. The office has been vacant since early August, when Stan Heffner resigned after the release of a politically charged ethics probe. The board also must deal with data rigging by school districts, implementation of Ohio’s new third-grade reading guarantee and more-rigorous Common Core curriculum standards, and oversight of the new school-funding formula that Gov. John Kasich plans to unveil next year.

Elections for these offices typically appear quite low down on the ballot, so voters should be mindful to go through their entire ballot. As the Dispatch notes, lot of important issues go through the State Board of Education.

A quick look at some of the pro-public education candidates

Ann E. Jacobs
District 1 (Northwest Ohio)
As an elected member of the State Board, Ann e. Jacobs is an attorney and owner of Jacobs Law Offices, LLC, in Lima. She has worked as a trial attorney for the equal employment Opportunity Commission and as assistant attor- ney general for the Attorney General of Ohio.

Previously, Jacobs served as president, vice president and member of the Shawnee Local School Board, and as a member of the Apollo Jr. Vocation Board. her professional and civic member- ships include the California Bar Association, the District of Columbia Bar Association, the Ohio Bar Association, the South Carolina Bar Association; member of the Senior Citizens Board; Board of Trustees member of the YWCA; Board member of Marimor Industries; and elder and deacon of Market Street Presbyterian Church. Jacobs earned her bachelor’s degree from George Washington University and her Ju- ris Doctor from Catholic University.

Richard Javorek
District 5 (exurban Cleveland)
Richard Javorek is a retired teacher living in Chippewa Lake, Ohio. he taught social stud- ies in the Brunswick City School District for over 30 years and was an adjunct faculty member at Bry- ant & Stratton College in Cleveland. he has served as Chair of the Ohio Social Studies Resource Cen- ter and was an advisor to both the Ohio Center for Law Related edu- cation and the Ohio Department of education. Javorek received the Ashland Oil Golden Apple Award and, in 2000, he was named Teacher of the Year at Willetts Middle School. He earned his bachelor’s degree at Baldwin Wallace College and his master’s degree from Kent State University. he is an ordained minister and an Assistant District Commissioner in the Boy Scouts.

Michael L. collins
District 6 (Columbus Metro)
As an elected member of the State Board, Michael L. Collins currently serves as president of Promotions One, Inc., a marketing agency, with ex- perience directing regional events including first Night Columbus, Waterfire Columbus, the Columbus Marathon and the Columbus Race for the Cure. As an educa- tion advocate, Collins has served as a member and president of the Westerville City Schools Board of education; a member of the Westerville City Schools liaisons, business operations, student activities, levy campaigns and long-range planning committees; and chair of the Westerville City Schools Levy Cam- paign. his two collegiate degrees in education have helped him be effective in these roles. he is also ac- tive in the community. His service includes work with the Westerville Chamber of Commerce, Westerville Rotary Club, Westerville Parks & Recreation Advisory Board, and Columbus events Council, Metro Denver health and Wellness Commission and various committees for the Ohio School Boards Association. He has also volunteered as a coach for youth football and wrestling.

James J. collum
District 7 (Northeastern Ohio)
James J. Collum is an Ohio native and a product of strong public schools. After graduating from Glen Oak high School, Collum earned a bachelor’s degree in business administration at The University of florida in 1995. he then enrolled at The Ohio State University College of Law and received his Juris Doctor in 1999. Collum has been in private practice since 2000, maintaining his law office in the Belden Village area of Canton. During the past decade, he has dedicated his practice to advocating for individuals and their rights—representing them against large companies in Title VII discrimination cases, unemployment claims, severance negotiation as well as numerous other employment- related cases. he also represents individuals in other types of civil matters, including personal injury, business formation and litigation, real estate and wills and trusts.

Stephanie Dodd
District 9 (Southeastern Ohio)
Stephanie L. Dodd, a native of Zanesville and resident of Licking Township, owns SLD Consulting, a small business that works with candidates, organizations and issue-based groups to achieve maximum fundraising results. Dodd possesses a strong understanding of the need for innovative strategies, the ability to analyze data and the commitment that is essential for success. “The parents, students and taxpayers of the 9th District need a representative who is 100 percent dedicated to improving Ohio’s schools,” Dodd said. As a small business owner, taxpayer and parent, Dodd brings a unique perspective to the State Board of education that will emphasize the role of Ohio’s schools in the state economy.

Todd Book
District 10 (Southern Ohio)
Todd Book is a product of the West Portsmouth Public Schools in Scioto County, Ohio. he graduated from Western Michigan University, magna cum laude, with a bachelor’s degree in political science. He obtained his law degree from the nation’s oldest law school at the College of William and Mary and then returned to Portsmouth to begin his law practice. In 2002, Book was elected to the Ohio house of Representatives, serving four terms before term limits forced him to leave the legislature. While a state representative, Book was known as a hard-working member who focused on policy over politics. He held the positions of assistant minority leader, caucus chair and chairman of the Rules Committee. He was one of the few members that voted against No Child Left Behind. Book is heavily involved with his community and is a member of the Portsmouth Civic forum.

Mary Rose Oakar
District 11 (Cleveland)
As an elected member of the State Board representing District 11, Mary Rose Oakar serves approximately two-thirds of Cuyahoga County. She was elected to her current four-year term in 2008. Oakar served in three legislative bodies. She was a Member of the Cleveland City Council, a 16-year Member of the United States Congress and a Member of the Ohio house of Representatives. She graduated with a bachelor’s degree from Ursuline College and a master’s degree from John Carroll University. Oakar taught at Lourdes Academy and east high and, from 1968 to 1975, at Cuyahoga Community College. For 6 1⁄2 years, she was president of the American- Arab Anti-Discrimination Committee (ADC), which describes itself as the largest Arab-American grassroots civil rights organization in the U.S. Active in the community, Oakar is a member of the housing Board for Project Afford, a volunteer at the West Side hunger Center, a member of the Ohio farm Bureau, and a member of the “former Members of U.S. Congress.”

Education News for 09-28-2012

State Education News

• Probe: Kids wrongly put in seclusion (Columbus Dispatch)

The Columbus school district has used its seclusion rooms — some as small as a closet, some reeking of urine or covered in spit…Read more...

• Area high schoolers learn financial responsibility (Lima News)

Most area high schoolers don’t think about retirement, buying a house or managing a mortgage on a daily basis, if at all…Read more...

• Mansfield case may have triggered state's new booster club law (Mansfield News Journal)

Mansfield City Schools Superintendent Dan Freund applauds a new law authorizing the Ohio Attorney General's…Read more...

• State report cards provide school districts with targets (Youngstown Vindicator)

Report card day has traditionally been a happy day for some kids and a day of trepidation…Read more...

Local Education News

• CPS is part of ongoing audit (Cincinnati Enquirer)

A statewide attendance-rigging investigation includes schools in the Cincinnati Public Schools district…Read more...

• Chief Eric Gordon: 'It's do or die time' for district (Cleveland Plain Dealer)

The Cleveland schools are in a position to greatly improve the education of the city's children…Read more...

• City schools to hire 2 bus companies (Columbus Dispatch)

The Columbus school district plans to spend $400,000 to hire two more school-bus companies for 60 days…Read more...

• Sizing up the schools (Warren Tribune Chronicle)

Niles City Schools Superintendent Mark Robinson said that although he's not pleased with his district's…Read more...

• Parents in Cleveland and across Ohio have choices (WEWS)

For parents of children in under-performing schools in Ohio…Read more...

Editorial

• Nasty surprise (Akron Beacon Journal)

The Akron school district has to refund all at once $3.2 million, most of it payments it should not have received from tax increment deals…Read more...

• Worth a look (Columbus Dispatch)

Foster care never is an ideal solution, especially for the long term. Frightened children whose homes are in crisis are sent to stay with strangers…Read more...