FROM: Ann Brennan

FYI: Important update, note the update on the Senate passed HB 487 (MBE education), including all of the amendments added to it in the Senate Education Committee.

Ohio Alliance for Arts Education
Arts on Line Education Update
Joan Platz
May 26, 2014

1) Ohio News

•130th Ohio General Assembly: The Ohio House and Senate will hold hearings and sessions this week.

Last week the Senate approved several Mid Biennial Review Bills (MBR), but the House refused to concur with the Senate changes for some, sending HB483 (Amstutz) MBR-Operations and HB487 (Brenner) MBR Education, into conference committees. Lawmakers still anticipate completing legislative activity and adjourning for the summer campaign trail once the conference committees have completed their work.

A more detailed look at HB483 and HB487 is included at the end of this report.

•Governor Appoints Another State Board Member: Governor Kasich announced on May 23, 2013 the appointment of Melanie Bolender of Mount Vernon to the State Board of Education to replace Stanley Jackson, who was not reappointed upon the end of his term. Ms. Bolender is the director of development for the Ohio Eastern Star Home. Her term expires on December 31, 2016.

The State Board of Education consists of 11 elected members and 8 members appointed by the governor. The governor also appoints members to fill empty seats, and with the resignation of Jeff Mims in December 2013, Governor Kasich has one more appointment to make to bring the board to full membership.

•This Week at the Statehouse:

-Senate Education Committee: The Senate Education Committee, chaired by Senator Lehner, will meet on May 27, 2014 at 1:30 PM, in the South Hearing Room, and on May 28, 2014 at 4:00 PM in the South Hearing Room. The committee will receive testimony on the following bills:

May 27, 2014
-HB171 (McClain/Patmon) Released time Courses-Religious Instruction
-HB193 (Brenner) High School Diploma Requirements
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

May 28, 2014
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

-House Education Committee: The House Education Committee, chaired by Representative Stebelton, will meet on May 28, 2014 at 9:00 AM in Hearing Room 313. The committee will receive testimony on the following bills:
-HB470 (Barnes) School Bullying Prevention Awareness Act
-HB454 (Gonzales) Concealed Carry-School Safety Zone

-Straight A Fund: The Straight A Fund Governing Board will meet on May 27, 2014 at 9:00 AM in the Ohio Department of Education, 25 South Front Street, Columbus.

2) Update on Legislation: Last week the Ohio House and Senate approved and exchanged several bills as lawmakers worked to complete their legislative agenda before the summer recess. The following is an update of Senate and House actions on legislation related to K-12 education.

•Senate Action

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Approved.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments. Approved.

-HB492 (Scherer) MBR Taxation: Provides authorization and conditions for the levy and administration of taxes in this state. Informally Passed May 22, 2014. Approved.

•Senate Finance Committee

-HB486 (Baker/Stebelton) MBR Workforce and Economic Development Programs: To establish the adult career opportunity pilot program; to revise the coordination of workforce development and economic development programs; to synchronize the due dates of several reports due from the Development Services Agency, the Ohio Venture Capital Authority, and the Third Frontier Commission; to revise the law regarding innovation financial assistance and research and development financial assistance; and to permit the Director of Commerce, the State Fire Marshal, and the Ohio Construction Industry Licensing Board to establish compliance incentive programs. Reported on May 20, 2014.

•House Action

-HB484 (Rosenberger-Brown), MBR Higher Education: With respect to the coordination and administration of higher education programs. The Ohio House concurred with Senate Amendments by a vote of 88-0 on May 21, 2014.

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Failed to concur with Senate amendments.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments.

House Education Committee

-HB460 (Brenner/Driehaus) School Restructuring: Authorizes school districts and community schools to initiate a community learning process to assist and guide school restructuring. Reported on May 21, 2014.

3) National News

•GAO Probe Sought by Lawmakers: Three Congressmen have requested that the Government Accountability Office (GAO) investigate school district practices and how they impact racial and socioeconomic integration and student outcomes. The lawmakers include Representatives George Miller (D-CA), John Conyers (D-MI), and Robert Scott (D-VA). In a May 16, 2014 letter to Gene L. Dodaro, Comptroller General at the GAO, the lawmakers noted their concern that “inequity persists in public education and more must be done to fully realize the promise of Brown”, referring to the 60th anniversary of the Supreme Court decision in Brown v. Board of Education. The letter is available at
http://democrats.edworkforce.house.gov/sites/democrats.edworkforce.house.gov/files/documents/5.16.14-GAORequestreBrown.pdf

•Senators Draft Federal Student Privacy Law: Benjamin Herold reports on May 14, 2014 for Education Weeks’ Digital Education Blog that Senators Edward Markey and Orrin Hatch released a draft bill to amend the Family Educational Rights and Privacy Act (FERPA) of 1974. The amendment would do the following:

-Mandate new data-security safeguards for private companies
-Prohibit the use of personally identifiable student information for advertising
-Provide parents with the right to access and amend their children’s information
-Require districts to maintain a record of all the outside companies that have access to student information
-Promote “data minimization,” by seeking to meet data requests with non-personally identifiable information wherever possible; and
-Require that all personally identifiable information held by outside parties eventually be destroyed in order to prevent private companies from maintaining permanent dossiers on students.

In December 2011 the U.S. Department of Education issued new FERPA regulations that allowed educational institutions and agencies to disclose student personally identifiable information to third parties without first obtaining the consent of students or parents. Senator Markey requested that the U.S. DOE issue guidelines about how schools should protect the privacy of students. Such guidelines were issued in February 2014, but include exceptions to FERPA for directory information, school officials, studies, and audits or evaluations.

See “Draft Overhaul of Federal Student Privacy Law Released by U.S. Senators Markey, Hatch” by Benjamin Herold, Education Week, Digital Blog, May 14, 2014
http://blogs.edweek.org/edweek/DigitalEducation/2014/05/draft_overhaul_of_federal_stud.html

See also “Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices”, U.S. DOE, April 1, 2014. http://ptac.ed.gov/sites/default/files/Student%20Privacy%20and%20Online%20Educational%20Services%20%28February%202014%29.pdf

See also “FERPA Exceptions—Summary” at
http://ptac.ed.gov/sites/default/files/FERPA%20Exceptions_HANDOUT_horizontal_0.pdf

4) Lorain School Superintendents Say “Unmake” Changes: Michael Sangiacomo reports for the Plain Dealer on May 22, 2014 that sixteen school superintendents in Lorain County are urging lawmakers to “unmake” changes in education policy that are threatening the public school system. The superintendents were gathered at meeting held at the Lorain County Community College on May 21, 2014, and identified as troublesome state and federal education policies that were developed without local input and do not align with what is best for local communities. These include excessive student testing, overly strict teacher evaluations, loss of state funding to charter and online schools, the Third Grade Reading Guarantee, and other cuts in funding for schools. The superintendents recommended an increase in state-funded pre-kindergarten, a fair system to fund charter schools, and a return to local control as strategies to improve local schools.

The superintendents targeted state policies for funding charter schools, e-schools, and nonpublic schools as a particular problem, because school districts often pay-out more to these schools than what they receive from the state. According to the article, “A school district gets an average of $3,540 per student from the state, the group said. By contrast, Ohio pays a charter school an average of $7,189 per student, supplies an “e-school” that provides teaching over the Internet an average of $6,658 per student, and gives a voucher with an average worth of $6,774 per student to a private school.”

See “School Superintendents in Lorain County Want State to Return Power to the Districts” by Michael Sangiacomo, The Plain Dealer, May 22, 2014 at
http://www.cleveland.com/avon-lake/index.ssf/2014/05/lorain_school_superintendents.html#incart_river

See also “What’s Best for Lorain County’s Schools? An Executive Summary of the Report from the Superintendents of Lorain County” March 2014 at
http://www.restorelocalcontrol.org/our-survey-results.html

The above report includes the results of a survey of registered voters sponsored by the Lorain County school superintendents and conducted in January 2014 by Burges and Burges. The survey was supported by a grant from Martha Holden Jennings, Nordson Corporation, Nord Family, and Stocker Foundations. The superintendents followed-up the survey with a series of public meetings, and summarized what they learned in an executive summary prepared in March 2014. The following are some of the findings of the survey and the public meetings:

A majority of residents in Lorain County believe that
-their school districts are doing an excellent or good job
-high quality teachers are the most important indicator of a high quality education
-earning high marks on the state report card isn’t that important
-increased state testing has not helped students
-decisions are best made at the local level
-preschool education-especially for those students from poverty--should be expanded (and they said they would increase their taxes to support it.)
-school finance is the biggest challenge facing our schools,
-their local tax dollars should not be going to support private schools and for-profit and online charter schools.

5) Another Study Questions VAM: Researchers Morgan Polikoff (USC) and Andrew Porter (University of Pennsylvania) published a study on May 12, 2014 that examines teachers’ instructional alignment with state standards and assessments and how it is associated with their contribution to student learning and their effectiveness, measured by value added models (VAMs).

The researchers evaluated data gathered from 327 forth and eighth grade math and English teachers in six school districts. The teachers were a sub-sample from the Bill and Melinda Gates foundation’s Measures of Effective Teaching (MET) study. The teachers were asked to complete the Surveys of Enacted Curriculum (SEC) content taxonomies, which was used in the study to measure instructional alignment for targeted classes. Teacher effectiveness was measured using the Tripod student survey. The teachers also video-recorded a classroom lesson, which was rated for quality of pedagogy using the Framework for Teaching (FFT) protocol. The MET projects value-added estimates were used to provide student achievement data.

According to the researchers the results of the study were disappointing: “Simply put, the correlations of value-added with observational measures of pedagogical quality, student survey measures, and instructional alignment were small.”

The researchers then identified some possible reasons for the results:

-“One interpretation of this conclusion is instructional alignment and pedagogical quality are not as important as standards-based reform theory suggests for affecting student learning.”

-“A second interpretation is that instructional alignment and pedagogical quality are as important as previously thought, but that the SEC and FFT do not capture the important elements of instruction.”

-“A third interpretation of our findings is that the tests used for calculating VAM are not particularly able to detect differences in the content or quality of classroom instruction.”

The researchers conducted further research to eliminate possible reasons, but in the end concluded, “Low correlations raise questions about the validity of high-stakes (e.g., performance evaluation) or low-stakes (e.g., instructional improvement) inferences made on the basis of value-added assessment data. Taken together with the modest stability of VAM measures (e.g., McCaffrey, Sass, Lockwood, & Mihaly, 2009), the results suggest challenges to the effective use of VAM data. At a minimum, these results suggest it may be fruitless for teachers to use state test VAMs to inform adjustments to their instruction. Furthermore, this interpretation raises the question—If VAMs are not meaningfully associated with either the content or quality of instruction, what are they measuring?”

See “Instructional Alignment as a Measure of Teaching Quality” by Morgan S. Polikoff (University of Southern California) and Andrew C. Porter (University of Pennsylvania), Educational Evaluation and Policy Analysis, American Educational Research Association, May 2014 at
Educational Evaluation and Policy Analysis 0162373714531851, first published on May 12, 2014
http://epa.sagepub.com/content/early/2014/04/11/0162373714531851.full.pdf+html?ijkey=Uwvo4Eg6.hQHI&keytype=ref&siteid=spepa

6) State Accountability Systems Must Change: Linda Darling Hammond, the Charles E. Ducommun Professor of Education, Stanford University, and Randi Weingarten, President, American Federation of Teachers, write for the Huff Post Education Blog that current state school accountability systems, which punish children, educators, and schools, must change.

They write that the use of a one-time high stakes tests “cannot capture the broader aspirations embedded in the new standards for problem solving, inquiry, team building, communication, collaboration, persistence, and other challenging skills.”

Greater investments in professional capacity will be needed to implement the new standards, especially for underfunded schools that serve highest-need students. And, the use of sanctions as an incentive to improve schools elicits the wrong responses, including teaching to the test and narrowing the curriculum.

Instead of the test and punish approach, they recommend the support and improvement model:

“1) curriculum, teaching, and assessment focused on meaningful learning, 2) adequate resources that are spent wisely, and 3) professional capacity, so that teachers and school leaders develop the knowledge and skills they need to teach much more challenging content in much more effective ways.”

According to the authors, California is currently using this model, and has invested an additional $1.25 billion to address student needs. As a result California reported its highest graduation rate of 80 percent this year, and the greatest growth on the National Assessment of Educational Progress between 2011-2013.

The authors write, “At the end of the day, the path on which California has embarked is more likely to produce a truly accountable educational system -- one that ensures all students experience engaging learning in supportive schools that help them pave a path to a productive future, not just another test.”

See “It’s Time for a New Accountability in American Education” by Linda Darling Hammond and Randi Weingarten, Huff Post Education Blog, May 19, 2014 at http://www.huffingtonpost.com/linda-darlinghammond/its-time-for-a-new-accoun_b_5351475.html

7) Bills Introduced

•HB556 (Rogers) Property Tax Rollbacks Restoration: To restore the application of the 10 percent and 2.5 percent property tax rollbacks to tax levies approved on or after the effective date of Am. Sub. H.B. 59 of the 130th General Assembly.

•HB546 (Dovilla/Antonio) Licensure-Music Therapists: To require the licensing of music therapists and to require the regulation of the licensing and practice of music therapists.

•HB547 (Fedor/Patterson) Community School Teacher Evaluation: To apply the state teacher evaluation system to teachers in community schools.

•HB548 (Fedor) Community School Study Committee: To establish a committee to study the effectiveness of community schools and community school regulations.

•HB549 (Fedor) Third Grade Reading Guarantee Delay: To delay until the 2015-2016 school year retention of third grade students and requirements for teachers who provide instruction to third grade students under the Third Grade Reading Guarantee, to provide for a subsidy for reading intervention services, and to make an appropriation

FYI ARTS

1) Update on the National Core Arts Standards: The National Coalition for Core Arts Standards (NCCAS) will host a “virtual launch” of The National Core Arts Standards on June 4th, 2014 at 1:00 – 3:00 PM EDT. Registration to participate in this live streamed event is at http://tinyurl.com/lrsajg9.

Over the past months writing teams have been reviewing comments about the standards, which were made available for review in February 2014, and include standards for dance, drama/theatre, media arts, music, and visual art. The writing teams represent teachers, artists, representatives from state and national organizations and agencies, including the following:

Americans for the Arts
American Alliance for Theatre and Education (AATE)
Educational Theatre Association (EdTA)
The College Board
National Association for Music Education (formerly MENC)
National Art Education Association (NAEA)
National Dance Education Organization (NDEO)
State Education Agency for Directors of Arts Education (SEADAE)
Media Arts Committee of the National Coalition for Core Arts Standards
Young Audiences

2) Turnaround Arts to Expand: George Stevens Jr. and Margo Lion co-chairs of the President’s Committee on the Arts and Humanities (PCAH), announced on May 20, 2014 that the Turnaround Arts pilot school initiative will expand from its original eight schools to 35 schools in 10 states — Iowa, Massachusetts, Connecticut, Louisiana, Oregon, Montana, Colorado, California, Illinois, Minnesota — and the District of Columbia, with plans to expand to 60 schools across the country in the future. The announcement was made at the first Turnaround Arts Talent Show, held at the White House and hosted by First Lady Michelle Obama, Honorary Chair of the President’s Committee on the Arts and Humanities.

The PCAH launched the Turnaround Arts project in May 2012 in partnership with the U.S. Department of Education and the White House Domestic Policy Council to test the hypothesis “...that high-quality and integrated arts education can be an effective tool to strengthen school reform efforts-boosting academic achievement and increasing student motivation in schools facing some of the toughest educational challenges in the country.”

Other partners include the Herb Alpert Foundation, the Rosenthal Family Foundation, the Keith Haring Foundation, Crayola LLC, the National Association of Music Merchants (NAMM) Foundation and Music Theater International. The program is administered in partnership with Americans for the Arts. Local program partners include: Academy of Urban School Leadership, Chicago, IL; Boston Public Schools, Boston, MA; CREATE CA, Los Angeles, CA; Des Moines Public Schools, Des Moines, IA; George Rodrigue Foundation of the Arts, Baton Rouge, LA; and Perpich Center for Arts Education, Minneapolis, MN.

Turnaround Arts is funded through a public-private partnership with the U.S. Department of Education, the National Endowment of the Arts, the Ford Foundation, and other private foundations and companies. The expanded program will provide over $5 million over the next three years to infuse the arts into low performing schools. Local partners will provide an additional $12 million to support additional visual art teachers, music teachers, and artists; to purchase art supplies, musical instructions; and provide additional resources to integrate all subjects areas with the arts.

To support the expansion of the program the PCAH announced a number of new “Turnaround Artists,” who will work with the individual schools: Chad Smith, Clarence Greenwood (aka Citizen Cope), Doc Shaw, Elizabeth Banks, Elton John, Frank Gehry, Jason Mraz, Jesse Tyler Ferguson, Josh Groban, Marc Anthony, Rashida Jones, Russell Simmons, the Silk Road Ensemble, Tim Robbins and Troy Andrews (aka Trombone Shorty). These artists join PCAH members who are currently working with the program, including Alfre Woodard, Chuck Close, Damian Woetzel, Forest Whitaker, John Lloyd Young, Kal Penn, Kerry James Marshall, Kerry Washington, Sarah Jessica Parker, and Yo-Yo Ma.

An interim evaluation of the program conducted by Booz Allen Hamilton and the Urban Education Institute at the University of Chicago shows that participating schools are demonstrating “improved academic performance, increased student and parent engagement, and improved culture and climate.”

All schools participating in Turnaround Arts will receive training and resources to address their individual needs. Resources will include a summer leadership program, in-school professional development, partnerships with community arts education and cultural organizations, art supplies and musical instruments. Participating artists will “adopt” Turnaround Arts schools for the length of the program, working with students, schools and communities to highlight their success.

See “Committee On The Arts And Humanities Announces Expansion Of Turnaround Arts Program”, May 20, 2014 at
http://www.whitehouse.gov/the-press-office/2014/05/20/committee-arts-and-humanities-announces-expansion-turnaround-arts-progra

See “Turnaround Arts Initiative Progress Report 2013” by Sara Ray Stoelinga, Urban Education Institute Katie Joyce, Booz Allen Hamilton, and Yael Silk, Silk Strategic Arts, President’s Committee on Arts and Humanities, at
http://turnaroundarts.pcah.gov/news/

3) New Director of the Cleveland Museum of Art Named: The Cleveland Museum of Art’s Board of Trustees, Steven Kestner, chairman, announced on May 19, 2014 the selection of William M. Griswold as its 10th director. Dr. Griswold is currently the director of the Morgan Library & Museum in New York City, but has also worked at the J. Paul Getty Museum, the Minneapolis Institute of Arts, and the Metropolitan Museum of Art. He earned his bachelor’s degree at Trinity College, Hartford, Connecticut, and his Ph.D. at the Courtauld Institute of Art, London. The museum has recently completed a $350 million expansion project, and is preparing to celebrate its 100th anniversary in 2016.

See http://www.clevelandart.org/blog/2014/05/19/introducing-william-m.-griswold.

4) South Arts Releases Two Reports: South Arts, a nonprofit regional arts organization located in Atlanta, GA, released on May 15, 2014 two reports entitled Arts Education in the South Phase I: Public School Data and Principals’ Perspectives by Allen Bell and Arts Education in the South Phase II: Profiles of Quality by Joel Baxley, Susanne Burgess, Laurie Melnik, and Marissa Nesbit.

The reports examine access to and the quality of arts education programs in K-12 public schools in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee through a “set of quantitative and qualitative research.”

The reports were commissioned by South Arts with funding from the National Endowment for the Arts and nine participating state arts agencies.

In the first phase of the research, data was collected from 4,400 principals representing about 29.3 percent in the region. The second phase of the research includes nine case studies conducted by the Southeast Center for Education in the Arts at the University of Tennessee at Chattanooga.

According to the press release about the reports, “The data for responding schools is broken down to show results as an overview of the entire region, as well as by state and by school level. Among the report’s key findings are that, in general, the South as a region offers less access to visual arts and music than the national average: 71% of responding schools offer visual arts and 80% offer music, compared with national averages exceeding 83% and 91% respectively. Access to theatre at 22% is close to the national average, and dance exceeds the national average with 22% in the South compared to less than 10%. Results for individual states within the region, however, are highly variable.”

“The qualitative research, conducted by the Southeast Center for Education in the Arts at University of Tennessee Chattanooga, examined the traits of quality arts education in nine strong school programs. The study revealed four primary themes prevalent throughout these schools.

•The importance of relationships: All of the stakeholders in arts education (students, parents, teachers, and administrators) repeatedly identified a sense of community, feelings of acceptance and accomplishment, and pride in their programs.
•A shared vision of the arts: Successful programs also shared a sense of a unified mission throughout the district supported by strong leadership. The specific visions varied from district to district, but permeated the schools.
•The arts are core curriculum: In these districts, arts are planned according to state and national standards and not isolated from the rest of a school’s curriculum. In programs that considered the arts as core, arts instruction did not serve as an extracurricular option, and was perceived as an important part of the whole curriculum.
•Students are inducted into the working world of artists: These model districts also went beyond allowing students to make art: they allowed them opportunities to be artists through advanced social content and context.”

See “South Arts Releases Reports Analyzing Access to and Quality of Arts Education in the South”, May 15, 2014 at http://www.southarts.org/resources/research-and-publications/research/arts-education/

****More Details on HB487 (Brenner) MBR Education and HB483 (Amstutz) MBR Operations

1) Senate Passes HB487 (Brenner) MBR Education: The Senate Education Committee, chaired by Senator Lehner, approved on May 20, 2014 two omnibus amendments before reporting HB487 (Brenner) MBR Education. The Senate approved the bill on May 21, 2014 by a vote of 27 to 5.

Some of the 50 or so Senate amendments respond to the concerns raised by parents, students, teachers, and administrators, who are questioning the implementation of so many education policy changes at one time, including the Common Core State Standards, aligned state testing, teacher evaluation, new accountability consequences, and the Third Grade Reading Guarantee. The Senate version delays consequences for schools and teachers for a year, and includes language to bolster local control over curriculum decisions, and to ensure that student data is secure.

The Senate version also includes SB229 (Gardner) Teacher Evaluations as approved by the Senate. Currently the House Education Committee is hearing a Substitute SB229 that is quite different than the version approved by the Senate in December 2013. The Senate version relaxes some of the requirements for annual teacher evaluations and the percent of the evaluation based on student value added scores.

The following is a summary of HB487 that includes the Senate amendments and other provisions of the bill that were not changed by the Senate. The summary is based on a Research Memorandum prepared by the Ohio Legislative Service Commission and the bill.

Academic Content Standards

•Section 3301.078 Adopting Content Standards: The Senate amendment prohibits any official of the state or state board from entering into any agreement or memorandum of understanding with any federal or private entity that would require the state to cede any measure of control over the development, adoption, or revision of academic content standards.

Requires the State Board of Education (SBE) to establish standards to provide strict safeguards to protect the confidentiality of personally identifiable student data, in addition to the guidelines already required for the establishment and maintenance of the statewide Education Management Information System (EMIS).

•Section 3301.079 Requirements for Standards: The Senate amendment requires the SBE, when adopting academic content standards, to ensure that the standards emphasize “essential knowledge” instead of “rigor,” as in current law; include essential academic content and skills students are expected to know and do at grade level (as opposed to “core” content and skills as in current law); instill life-long learning by providing essential knowledge and skills based in the liberal arts tradition, as well as science, technology, engineering, mathematics, and career-technical education; and are clearly written, transparent, and understandable by parents, educators, and the general public.

Requires the SBE, in adopting or revising its academic content standards, to develop the standards in social studies, American history, American government, or science independently, and not as part of a multi-state consortium.

Requires the Ohio Department of Education (ODE) to post academic content standards on its website.

Creates the English language arts academic standards review committee, the mathematics academic standards review committee, the science academic standards review committee, and the social studies academic standards review committee.

Specifies the makeup of each committee, which must include prescribed experts, parents, and educators appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The state Superintendent and the Chancellor (or their designees) also are members of each committee.

Requires each committee to review the academic content standards for its respective subject area to ensure that such standards are clear, concise, and appropriate, and determine whether the assessments submitted to that committee are appropriate for the committee’s respective subject area and meet the academic content standards and community expectations.

Specifies that the assessments (and corresponding answers) received by the committees pursuant to this provision are not public records of the committees and are not subject to release by the committees to any other person or entity.

•NEW Section 3313.21 School District Local Control: The Senate amendment states that a school district board is the sole authority in determining and selecting textbooks, instructional materials, and academic curriculum for its schools.

Allows a school district board of education to permit educators to create instructional materials consistent with the board-adopted curriculum.

Specifies that nothing in the provision is intended to promote or encourage the use of any particular text or source material statewide.

•NEW Section 3313.72 and 3313.212 Parent Advisory Committees: The Senate amendment requires each school district board of education to establish a parental advisory committee, or another method for review, to provide an opportunity for parents to review the selection of textbooks and reading lists, instructional materials, and the academic curriculum used by schools in the district.

Academic Distress Commission

•Section 3302.10 Academic Distress Commission: The Senate amendment specifies that a school district is subject to the establishment of an academic distress commission if, for three or more consecutive years, a district has been declared to be in a state of academic emergency and has failed to make adequate yearly progress; the district has received a grade of “F” for the performance index score and a grade of “D” or “F” for the value-added progress dimension for the 2012-2013 or 2013-2014 school years; or the district has received an overall grade of “F.”

Accountability/Report Cards

•Section 3302.03 Value Added: The Senate amendment changes the calculation of the overall value-added progress dimension score for the annual state report cards so that the ODE uses either up to three years of value-added data or value-added data from the most recent school year, whichever results in a higher score.

Removes the House requirement for the ODE to use only assessment scores from students who have taken assessments at the school for at least two of the most recent school years in determining the value-added progress dimension grade for a school district or school on the report cards.

In adopting benchmarks for assigning letter grades the state board shall determine progress made based on the reduction in the total percentage of students scoring below grade level, or below proficient, compared from year to year on the reading and writing diagnostic assessments.

The amendment also requires the ODE to include on a school or district’s report card the percentage (rather than number) of students who have earned credit in advanced standing programs (formerly dual enrollment), such as college credit plus program (CCP) (formerly post-secondary enrollment options) and career technical courses.

•Section 3302.036 Report Card Letter Grade: This section delays the assignment of an overall report card letter grade for school districts or buildings for the 2014-2015 schools year, and as a result exempts schools/districts, STEM schools, and community schools from the consequences associated with the report card results. The bill states that report card ratings for the 2014-2015 school year shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years.

•Section 9 Temporary Law: The Senate amendment permits a school district, community school, or STEM school to enter into a memorandum of understanding with its teachers’ union that stipulates that the value added progress dimension rating issued for the 2014-2015 school year will not be used when making decisions regarding teacher dismissal, retention, tenure, or compensation.

Age and Schooling Certificate

•Sections 3321.07, 3321.08, Section 3331.04 Age and Schooling Certificate: The Senate amendment makes changes regarding the age and schooling certificate and restores provisions of the “as introduced” version of the bill regarding the diploma, credential, or certification that a career-technical, commercial, or other special type of school must provide in order for a child to attend that school instead of high school.

Assessments

•Section 3301.0715 Diagnostic Assessments: Requires school districts to administer diagnostic assessments, but states that this section does not apply to students with significant cognitive disabilities.

Any district that received a grade of “A” or “B” for the performance index score or for the value-added progress dimension for the immediately preceding school year, may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section regarding reading.

The ODE may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the progress in literacy and report card ratings.

•Section 3301.163 Third Grade Reading, Scholarship Students: The bill requires students who receive vouchers to attend nonpublic schools beginning July 1, 2015 to be subject to the third-grade reading guarantee retention provisions. The bill requires that nonpublic schools participating in the voucher programs adopt policies and procedures regarding students who do not read at grade level, provide services, and report the number of students reading at grade level, and the number of students not reading at grade level to the ODE.

•Section 10 Temporary Law Online Assessments: Prohibits the ODE, for the 2014-2015 school year, from requiring a district or school to administer state achievement assessments in an online format, but permits a district or school to administer any of those assessments in an online format or in a combination of online and paper formats, at the discretion of the district board or school governing authority.

Requires the ODE to furnish, free of charge, all required assessments regardless of format selected by the district or school.

•Section 9 in Temporary Law Reasonable Testing: Requires the state Superintendent to submit a report, not later than January 15, 2015, to the Governor and the General Assembly that includes a review of the number of elementary and secondary assessments required to be administered under the state assessment system, and the state Superintendent’s recommendations for decreasing the number of assessments, and the number of designated dates for, and the duration of, the administration of such assessments, to ensure that the extent of testing is reasonable.

•Section 9 in Temporary Law Regarding the Third Grade Reading Assessment: The Senate amendment specifies which English language arts assessments will be administered to third grade students in the 2014-2015 school year.

Requires the Department of Education to develop a method to determine the equivalence between the scores from each assessment for purposes of calculating a district’s or school’s grades on the state report card.

•Section 3301.0711 and Section 10 in Temporary Law Assessments as Public Records: These sections state that the administration of the elementary assessments in the 2011-2012, 2012-2013, and 2013-2014 school years shall not be a public record. A certain percent of questions included in state assessments under Section 3301.0710 (B) each year will be released to the public, and requires that the ODE make the questions that become a public record under this division readily accessible to the public on the department’s web site. Questions on the spring administration of each assessment shall be released on an annual basis, in accordance with this division.

Career Advising

•Section 3313.6020 Career Advising and Dropout Prevention: The bill states that beginning in the school year 2015-16 (rather than 2016-17) each city, local, exempted village, and joint vocational school district, charter school, and STEM school shall adopt a policy on career advising, and update it every two years. The policy on career advising will include the following:

-Provide students with grade-level examples that link their schoolwork to one or more career fields. A district may use career connections for this purpose.
-Create a plan to provide career advising to students in grades six through twelve
-Beginning in the 2015-2016 school year, provide additional interventions and career advising for students who are identified as at risk of dropping out of school
-Train its employees on how to advise students on career pathways, including training on advising students using online tools
-Develop multiple, clear academic pathways through high school that students may choose in order to earn a high school diploma
-Identify and publicize courses that can award students both traditional academic and career-technical credit
-Document the career advising provided to each student for review by the student, the student’s parent, guardian, or custodian, and future schools that the student may attend. A district shall not otherwise release this information without the written consent of the student’s parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old.
-Prepare students for their transition from high school to their post-secondary destinations, including any special interventions that are necessary for students in need of remediation in mathematics or English language arts.

The bill also requires each school district beginning in the 2015-2016 school year, to identify students who are at risk of dropping out of school using a method that is both research-based and locally-based and that is developed in consultation with the district’s classroom teachers and guidance counselors. If a student is identified as at risk of dropping out of school, the district shall develop a student success plan that addresses the student’s academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway. The plan will be developed with student’s parent, guardian, or custodian to assist in developing the plan. If the student’s parent, guardian, or custodian does not participate in the development of the plan, the district shall provide to the parent, guardian, or custodian a copy of the student’s success plan and a statement of the importance of a high school diploma and the academic pathways available to the student in order to successfully graduate. Following the development of a student success plan for a student, the district shall provide career advising that is aligned with the student’s plan beginning in the 2015-2016 school year.

The ODE will post on its website not later than December 1, 2014, model policies on career advising and model student success plans.

•Sections 3326.11, NEW 3326.29, 3326.36 STEM Schools: The Senate amendment requires STEM schools to comply with the career advisory efforts in Section 3313.6020.

Career Technical Education

•Section 3313.90 Career-Technical Education: The bill requires by 2015-2016 the expansion of career technical services to students enrolled in grades seven and eight (based on school district enrollment) and advising for career-technical education. The board of education of a city, local, or exempted village school district can adopt a resolution that specifies the district’s intent not to provide career-technical education to students enrolled in grades seven and eight for a particular school year. The resolution must be submitted to the ODE by the thirtieth day of September of that school year. The ODE will grant a waiver of the requirement for that district to provide career-technical education to students enrolled in grades seven and eight for that particular school year.

Charter Schools

•Section 3313.537 Extra-Curricular Activities/Community Schools: The bill permits students enrolled in charter schools and STEM schools to have access to extracurricular activities in the district of residence, or in another school district if approved by the district’s superintendent, if the activity is not offered at the school the student is enrolled in, and if the activity is not interscholastic athletics or contests or competitions in music, drama, or forensics.

•Section 3314.191 Requirements of Sponsors: The Senate amendment states that community school sponsors must document certain operations are in place before the ODE will distribute funds to community schools.

•Section 3314.352 Reopening a Permanently Closed Community School: Prohibits a community schools to reopen under another name if the new school has the same sponsor as the closed school; if the new school has the same chief administrator as the closed school; if the governing authority of the new school consists of the same members as the closed school; if 50 percent of the teaching staff and administrators is the same as the closed school; and if the performance standards and accountability plan prescribed by the sponsor are the same as the closed school.

REMOVES a provision that exempted Internet- and computer-based community schools from the bill’s prohibition against a community school that is permanently closed for academic failure reopening under another name with the same sponsor, chief administrator, governing authority members, majority teaching staff, majority administrative staff, or performance standards and accountability plan as the closed school.

•REMOVED Changes in Section 3314.016 Community School Sponsor Rating System: This House amendment stated that the ODE will develop and implement an evaluation system for sponsors of charter schools in “conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state.”

•Section 3314.03 Career Advising: The Senate amendment requires charter schools to comply with Section 3313.6020 regarding career advising.

Cleveland Metropolitan School District (CMSD)/Transformation Alliance

•Sections 3311.86, 3314.02, and 3314.029 Transformation Alliance: Replaces changes made to the Cleveland Metropolitan School District’s Transformation Alliance Plan in the House-passed version with the following:

Requires Transformation Alliance recommendations for “extending” a sponsor’s approval. Under current law, sponsors must request a recommendation from a Transformation Alliance when the ODE’s approval for a sponsor is granted or renewed (but not “extended”).

Permits the ODE to request from the Transformation Alliance, or the Transformation Alliance to independently offer, comment on the granting, renewal, or extension of an agreement with a sponsor of community schools when the sponsor has existing agreements with a community school located in CMSD.

Requires the Department to consider any Alliance comment in making decisions in granting, renewing, or extending agreements with sponsors.

Permits a school district board of education or governing board of an educational service center (ESC) to request from a Transformation Alliance, or a Transformation Alliance to independently offer, comment on the conversion of a school district school into a community school.

Requires a school district board or ESC governing board to consider any Alliance comment before entering into a preliminary agreement to create a conversion community school.

Removes the provisions of the House-passed version regarding ESC sponsorship of community schools.

Requires school district boards and ESC governing boards to request recommendations from the Transformation Alliance before entering into a preliminary agreement to convert a CMSD school to a community school.

Prohibits the Office of Ohio School Sponsorship from approving a community school for direct authorization in an alliance municipal school district unless that school has requested a recommendation from the Transformation Alliance.

•REMOVES Sections 3310.05 and 3313.975 EdChoice Scholarship: The House-passed bill qualified for an Educational Choice scholarship a student in the Cleveland Metropolitan School District if the number of applicants for the Cleveland Scholarship Program exceeded the number of available scholarships under that program. Instead, additional funding for the Cleveland Scholarship Program was added to HB483 (Amstutz).

College and Career Readiness

•REMOVED Section 3313.6015 Career Advising/Financial Literacy: This section requires that boards of education of each city, local, exempted village, joint vocational school district adopt a policy on college career readiness and financial literacy in the curriculum for grades seven or eight by July 1, 2015.

College Credit Plus Program (CCP)

•Sections 3365.01-3365.15 College Credit Plus Program: The Senate amendment includes changes in the proposed College Credit Plus Program, and removes a House provision that permitted school districts to negotiate agreements below the $40/credit hour floor with institutions of higher education (Section 3365.07 ORC).

The Senate amendment also modifies the CCP payment structure for public high school students enrolled in private colleges and allows that payment for costs for the participant that exceeds the default floor amount paid by the ODE be negotiated by the school and the college. The agreement may include a stipulation permitting the charging of a participant.

The bill also states, a participant that is identified as economically disadvantaged according to rules adopted by the department will be charged under for any tuition, textbooks, or other fees related to participation in the program.

The bill also does the following:

Restores a provision from the “as introduced” version of the bill that permits high schools and colleges, including those operating an Early College High School (ECHS) program, to obtain a waiver from the Chancellor of the Board of Regents and the Superintendent of Public Instruction from the requirements of the CCP program.

Permits the Chancellor and the state Superintendent to grant a waiver for an agreement governing an early college high school program or for a proposed agreement between a high school and a college, only if the agreement includes innovative programming to address the needs of underrepresented student subgroups.

Restores a provision from the “as introduced” version of the bill specifying that a waiver granted by the Chancellor and the state Superintendent applies only to the specific agreement for which the waiver is granted.

Modifies a provision that requires public and participating nonpublic high schools to implement a policy for the awarding of grades and the calculation of class standing for CCP courses by requiring that the adopted policy be equivalent to the school’s policy (rather than its “current” policy under the bill) for courses taken under other advanced standing programs (in the bill) and for courses designated as honors courses by the school.

Modifies the definition of “nonpublic secondary school” to include only chartered nonpublic schools, rather than both chartered and nonchartered nonpublic schools, and makes various other changes to align with the new definition.

Subjects a “nonchartered” nonpublic high school student who chooses to participate in the CCP program to the same requirements as a home-instructed student, rather than a chartered nonpublic school student, who chooses to participate in the CCP program.

Specifies that payments made by the ODE for a nonchartered nonpublic school participant under the CCP program must be made for the same amount and in the same manner as payments made for a home-instructed participant under the program, rather for a chartered nonpublic school participant.

•Section 3313.6013 Advanced Standing Programs: The bill replaces “dual enrollment” with “advanced standing programs”, which can be the college credit plus program, advanced placement courses, International Baccalaureate diploma courses, and early college high school programs. School districts are required to participate in the college credit plus program (Chapter 3365 ORC), and may offer more than one advanced standing programs. Each school district and each chartered nonpublic high school shall provide information about the dual enrollment advanced standing programs offered by the district or school to all students enrolled in grades eight through eleven.

This section also defines early college high school as “a program operated by a school district or school and an associated college that provides a personalized learning plan, which is based on accelerated curriculum and includes both high school and college-level coursework, and enables the following students to earn a high school diploma and an associate degree, or the equivalent number of transcripted credits, upon successful completion of the program:
-Students who are underrepresented in regard to completing post-secondary education
-Students who are economically disadvantaged, as defined by the department of education
-Students whose parents did not earn a college degree

Data Use/Confidentiality

•Section 3301.0714 Management Information System: Requires the SBE to adopt rules that include standards to provide “strict safeguards to protect the confidentiality of personally identifiable student data.”

Section (B)(1)(n) makes an exception for parents who do not want diagnostic information about their kindergarten student reported, but still requires data to be collected about the results of the language and reading assessments, and removes a provision that prohibited this information to be reported on the state report cards.

•NEW Section 3301.947 Confidentiality of Data Use: The Senate amendment specifies that data collected in the course of administering elementary and secondary achievement assessments must be used for the sole purpose of measuring and improving the academic progress and needs of students, educators, school districts, and schools.

States that, in the course of such testing, no personally identifiable information of a student’s or a student’s family’s social security numbers, religion, political party affiliation, voting history, or biometric information may be collected, tracked, housed with, reported to, or shared with any entity, including the federal or state government.

Dropout Prevention and Recovery

•Section 3313.603 Waiver from High School Curriculum Requirements: Specifies that, starting on July 1, 2015, (rather than July 1, 2016, as in the House passed version of the bill), dropout prevention and recovery programs must satisfy the bill’s new requirements related to career advising and student services (in addition to all other conditions specified in current law) in order to receive a waiver from the standard high school curriculum requirements.

The program must also submit to the ODE a written agreement outlining the future cooperation between the program and any combination of local job training, postsecondary education, nonprofit, and health and social service organizations to provide services for students in the program and their families.

Requires that a district, community school, or STEM school consult with the district’s or school’s classroom teachers and guidance counselors in developing a method to identify students who are at risk of dropping out of school under the bill’s provisions.

Educational Service Centers

Section 3313.843 Educational Service Centers Payment: Clarifies the payment of the operating subsidy paid to educational service centers.

Emergency Management Plans for Schools

•Sections 149.433, NEW 3313.536, and 3319.31 Emergency Management Plans: Changes the name of “school safety plans” to “emergency management plans” and requires the “administrator” of specified schools, preschools, and educational centers and facilities to develop, adopt, and submit to the ODE and local law enforcement agencies a comprehensive emergency management plan that incorporates a floor plan, site plan, and emergency contact information sheet, in addition to protocols for threats and emergency events.

Requires each administrator annually to review the plan and certify its accuracy to the ODE, as well as to update the plan every three years (current law), whenever major modifications require changes (current law), or whenever information on the emergency contact information sheet is not accurate (added by the amendment).

Requires each administrator to conduct at least one annual emergency management test, which is defined as “a regularly scheduled drill, exercise, or activity designed to assess and evaluate an emergency management plan.”

Subjects any administrator who is an applicant for a license or who holds a license from the SBE to disciplinary action on the administrator’s license, if the administrator fails to comply with the requirements related to such plans.

Specifies that copies of the emergency management plans and information incorporated into the plans, including related information that is required to be posted on the Contact and Information Management System by the Director of Public Safety, are not public records.

Gifted Education

Section 3324.07 Gifted Education: The bill changes the term “post-secondary enrollment options” to “college credit plus” program.

REMOVED: Section 3324.09 Expenditures for Gifted Students: This House amendment requires school districts to report to the ODE by July 31st of each year the spending of funds for the identification and services provided to the district’s gifted students.

REMOVED: Section 3324.11 Gifted Education: This House amendment prohibits a school district from reporting that it has provided services to a student identified as gifted unless those services are paid for by the district.

Graduation Requirements

•Section 3313.603 Graduation Requirements: The Senate amendment replaces throughout this section the phrase “Ohio core curriculum” with “requirements for graduation”.

The bill allows students who enter ninth grade on or before July 1, 2016 to qualify for graduation even if they have not completed the “requirements for graduation” in 3313.603 (C). The student, parents, and school will develop a “student success plan”, rather than an “individual career plan,” that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.

Higher Education

•Section 3345.06 Admission’s Requirements: Requires state institutions of higher education to accept a sworn affidavit verifying completion of a student’s high school curriculum from students enrolled in “nonchartered” non public schools, rather than chartered nonpublic schools as under the House-passed version of the bill.

Prohibits state institutions of higher education from discriminating against students enrolled in “nonchartered” nonpublic schools, rather than chartered nonpublic schools as under the House-passed version of the bill, solely on the manner in which students received instruction.

Specifies that, “for the purposes of consideration for admission,” rather than “for the purposes of admission,” state institutions of higher education must accept a sworn affidavit verifying completion of a student’s high school curriculum from chartered nonpublic students and home-instructed students, and must not discriminate solely on the manner in which such students received instruction.

Requires that any affidavit submitted to a state institution of higher education in order to verify completion of the high school curriculum for a chartered nonpublic student (changed to a nonchartered nonpublic student) or a home-instructed student must also include a record of the student’s completed coursework and the grade received in each course.

•Section 3333.041 Chancellor of the Board of Regents: Requires the Chancellor to report to the governor and the general assembly about the advanced standing programs and post the information on the chancellor’s web site.

•REPEALS Section 3345.062 which requires institutions of higher education to offer distance learning courses to high school students.

Ohio Innovative Lab Network

•NEW Section 3302.15 Ohio Innovative Lab Network: This new provision creates the Ohio Innovative Lab Network, limited to STEM schools and up to 10 school districts. These schools will be able to request and receive waivers from the current state assessment system, and adopt an alternative assessment system. The school districts will be selected by the Superintendent of Public Instruction.

Prescribes the contents that must be included in the request for a waiver, and requires the state Superintendent to approve or deny a request for a waiver or request additional information within 30 days after receiving a request.

Requires the ODE to seek a waiver from the testing requirements prescribed under the federal “No Child Left Behind Act of 2001,” and to create a mechanism for the comparison of the proposed alternative assessments and the state assessments as it relates to the evaluation of teachers and student achievement data for the purpose of state report card ratings.

NEW Section 3326.29 STEM School: Permits a STEM school to request to the superintendent of public administration a waiver from administering the state achievement assessments required under sections 3301.0710 and 3301.0712 of the Revised Code and related requirements specified under division (C)(2) of section 3302.15 of the Revised Code. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

Nonpublic Schools

•Section 3301.0711 State Assessments: The Senate amendment exempts a chartered nonpublic school from the requirement to administer the elementary achievement assessments if the school solely serves students with disabilities, and at least 95 percent of the school's students are children with disabilities, or have received a diagnosis by a school district or from certain physicians as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome. (This section seems to pertain to the Marburn Academy in Columbus.)

The school must also be accredited through the Independent School Association of the Central States; has been issued a charter by the State Board of Education; and the school provides to the Department of Education at least five years of records of internal testing conducted by the school that affords the ODE data required for accountability purposes, including diagnostic assessments and nationally standardized norm-referenced achievement assessments that measure reading and math skills.

Defines a child with a disability for purposes of determining if such a student is exempt from retention under the bill’s third-grade reading guarantee for students enrolled in a chartered nonpublic school on a state scholarship. The student’s individual service plan developed for reading will be considered in the same manner as the individual education program (IEP).

•Section 3310.03 (6) EdChoice Eligibility: Permits students in a 9-12 grade school that received a grade of “D” or “F” for the four-year adjusted cohort graduation rate for two out of three years to be eligible for an EdChoice scholarship.

•Section 3310.031 (B)(2) EdChoice Eligibility: Permits students attending nonpublic schools to be eligible for an EdChoice Scholarship if they attended a public school the previous school year, and would be assigned to a school that would qualify them for a voucher.

•REMOVED: Sections 3310.05 and 3313.975 EdChoice and Cleveland Scholarship Eligibility: Permits students who are in the Cleveland Metropolitan School District (CMSD) and are eligible for the Cleveland Scholarship Program to participate in the EdChoice Scholarship if the number of applicants to the Cleveland Scholarship Program exceeds the number of available scholarships.

•Section 3310.13 EdChoice Scholarship: Permits a chartered nonpublic school to charge a student receiving an Educational Choice (EdChoice) scholarship if the student’s family income is above 200 percent of the federal poverty guidelines “up to the difference” between the scholarship amount and the school’s tuition, instead of charging “the difference” between the scholarship amount and the school’s tuition under current law.

Permits, instead of requires as under current law, a chartered nonpublic school to permit an eligible student’s family, at the family’s option, to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school’s tuition not covered by an Ed Choice scholarship.

•Sections 3310.14 and 3310.522 Nonpublic Schools State Assessments: Exempts certain nonpublic schools from administering the elementary state assessment to students who receive EdChoice scholarships. See Section 3301.0711.

•REMOVED PART D Section 3313.612 Non public Schools Graduation Requirements: The Senate amendment removes a new part (D), which was added by the Ohio House, and states that a nonpublic school chartered by the state board may forgo end-of-course exams if the school publishes the results of a standardized assessment prescribed for each graduating class to measure college and career readiness. The published results shall include the overall composite scores, mean scores, 25th percentile scores, and 75th percentile scores for each subject area of the assessment.

The amendment restores Section 3313.615, which provides an exemption to the state graduation requirements that had been available to private schools accredited through the Independent School Association of the Central States.

•Section 10 in Temporary Law: Reinstates the current law exemption from the end-of-course examination for students attending a chartered nonpublic school accredited through the Independent School Association of the Central States. This provision was eliminated in the House-passed version.

•Section 3301.0712 College and Work-Ready Assessments: Removes a provision of the House-passed version that provides for an exemption for a student attending a chartered nonpublic school from passing the end-of-course examinations as a prerequisite for high school graduation, if the student’s school publishes for each graduating class the results of the required nationally standardized assessment that measures college and career readiness.

•Section 14 in Temporary Law Graduation Requirements: Creates an 11-member committee that must submit a report of recommendations regarding graduation requirements and testing requirements for students enrolled in chartered nonpublic schools to the chairpersons of the education committees of the House of Representatives and Senate by January 15, 2015.

Participation in Sports

•Sections 3313.539, 3707.511, 3707.521 Guideline for Concussions: Requires the Director of Health, in consultation with a representative of the State Medical Board, a representative of the State Chiropractic Board, and any additional representatives of licensed health care professions the Director considers appropriate, to develop and publish guidelines for the diagnosis, treatment, and clearance of concussions and head injuries sustained by athletes participating in interscholastic athletics or athletic activities organized by youth sports organizations and adopt rules governing minimum education and continuing education requirements for physicians and other licensed health care professionals who conduct assessments of those athletes and grant clearances to return to practice or competition.

Authorizes licensed health care professionals who meet the education and continuing education requirements established in rules adopted by the Director to assess and clear interscholastic and youth sports organizations athletes for return to play following suspected concussions (in addition to the physicians and licensed health care providers authorized to do so by current law).

Beginning 180 days after the bill’s effective date, requires the physicians and health care providers authorized by current law to conduct concussion assessments and clearances to meet the education and continuing education requirements established in rules adopted by the Director.

Proceeds of the Sale of Real Property

•Sections 5705.10 and Section 9 in Temporary Law Proceeds Real Property Sales: Permits a district board of education to use the proceeds received from the sale of school district real property for the construction or acquisition of permanent improvements.

Specifies that, if a board of education disposed of real property on or before September 29, 2013, that district may use the proceeds received from the sale for the retirement of any debt that was incurred by the district with respect to the real property or for the construction or acquisition of permanent improvements.

School District Mergers/Indebtedness

•Sections 3311.24, NEW Section 3311.241 District Mergers/Debt Consolidation, 3311.25: Some of these sections were included in HB216 (Patterson), which was reported by the House Education Committee on October 30, 2013.

The bill permits two or more contiguous school districts, at least one of which has a population of less than 100,000, to merge if certain conditions are met. The amendment also provides that, under specified conditions, the merged districts' indebtedness owed to the Solvency Assistance Fund is not assumed by the new district created by the merger.

•Section 8 in Temporary Law Solvency Assistance Fund: Cancels the amount owed to the Solvency Assistance Fund by any school district that has fewer than 500 students when either the entire territory of the district is transferred to a contiguous school district not later than June 30, 2015, or the district receives the entire territory of a contiguous school district not later than June 30, 2015.

School Facilities Commission

•Section 3318.70 and Section 10 in Temporary Law STEM Schools: Requires the Ohio School Facilities Commission to establish guidelines for assisting STEM schools in the acquisition of classroom facilities.

Requires (rather than permits as under current law) the Commission, subject to Controlling Board approval, to provide funding to any STEM school that is not governed by a single school district board.

School for the Blind

•Section 3325.02, 3325.06, Section 3325.07, 3325.09, 3325.10, 3325.17, and 3325.071 Parent Training: Requires the SBE to institute and establish a program at the State School for the Blind to train and assist parents of children of preschool age whose disabilities are visual impairments.

NEW Section 3325.09 requires the SBE to institute and establish at the State School for the Blind career-technical education and work training programs for secondary and postsecondary students whose disabilities are visual impairments.

NEW Section 3325.17 creates the State School for the Blind Educational Program Expense Fund, and requires the State School for the Blind to use monies in the fund for educational programs, after-school activities, and expenses associated with student activities.

Specifies that, for purposes of provisions of law related to the State School for the Blind, visual impairment means "blindness, partial-blindness, deaf-blindness, or multiple disabilities if one of the disabilities is vision related."

Teacher Evaluations and License Renewal

•Sections 3319.111, 3319.112, and Sections 9 and 10 in Temporary Law Teacher Evaluations: Adopts the Senate-passed version of SB229 and requires that student academic growth account for 35 percent of certain teacher's performance evaluation, rather than 50 percent as required by current law, but permits a school district or school to attribute an additional percentage, up to 15 percent, of each evaluation to student academic growth.

Permits a school district or school to evaluate any teacher who received a rating of "accomplished" on the teacher's most recent evaluation once every three years and any teacher who received a rating of "skilled" on the teacher's most recent evaluation once every two years.

Permits a school board to elect not to evaluate a teacher who either was on leave from the school district for 50 percent or more of the school year, or has submitted notice of retirement and that notice has been accepted by the board not later than December 1 of the school year in which the evaluation is otherwise scheduled.

•Section 3319.22 License Renewal: The bill allows a resident educator license to be valid and renewable for reasons specified by rules adopted by the SBE.

•Section 3319.26 Alternative Resident Educator License: The bill requires the SBE to develop rules about the reasons for which an alternative resident educator license may be renewed.

•Section 3319.31 Denying a License: The bill adds to the reasons for which the state board of education can deny a license failure to comply with submitting an emergency management plan to the ODE, Attorney General’s Office, and local agencies.

Voluntary Patrol of School Premises

•REMOVED: Section 3313.94 School Patrol Services/Tax Credits: This provision in the House version was originally included in HB215 (DeVitis) Law Enforcement Volunteers in School. It allows public schools and nonpublic schools to engage a current or retired law enforcement officer on a volunteer basis to patrol the premises of a school, and makes the volunteer eligible for a nonrefundable tax credit. Sections in law regarding nonrefundable tax credits are also amended in accordance with this provision.

Provisions in Temporary Law

•Section 3 Charter Schools: Exempts charter schools (Section 3314.03) and STEM schools (3326.11) from the requirement to adopt a resolution about college and career readiness and financial literacy in grades 7-8.

•REMOVES Section 3314.016. This House provision relates to sponsors of community schools. It requires the ODE to develop and implement an evaluation system for sponsors “in conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state”.

•Section 6 School Based Health Care Advisory Workgroup: The House version of the bill adds a representative of the Ohio Association of County Behavioral Health Authorities, and the Senate version adds a representative from the Ohio School Psychologists Association to the School Based Health Care Advisory Workgroup.

•Section 7 College Credit Plus: This section states that the College Credit Plus Program will begin operations for the 2015-16 school year. The Post-Secondary Enrollment Options Program will continue to operate for the 2014-15 school year. Beginning on the effective date of this section, the Department of Education, State Board of Education, and Chancellor of the Ohio Board of Regents shall take the necessary steps to adopt rules, guidelines, and procedures and to create any necessary forms and documents so that the College Credit Plus Program is fully operational for the 2015-2016 school year.

•Section 8 Solvency Assistance: The Senate amendment cancels the amount owed to the solvency assistance fund for eligible school districts (under 500 students) that transfer their entire territory to a contiguous school district. The amendment also allows the eligible school district to receive assistance from the Ohio School Facilities Commission.

•Section 9 Proceeds Real Property: This sections allows a board of education that disposed of real property on or after September 29, 2013 to use the proceeds of the sale for permanent improvements or to retire a debt.

•Section 10 Student Surveys: The Senate amendment directs the ODE to approve at least two empirically tested and validated student survey instructions for use by school districts that elect to conduct student surveys in accordance with teacher evaluations.

•Section 11 Elementary Assessments: This section requires the superintendent of public instruction to review the number of elementary and secondary assessments and make recommendations by January 15, 2015 for decreasing the number of assessments; decreasing the number of designated dates for administering the assessments; and the duration of the assessments.

•Section 12 Third Grade Reading Guarantee: This section describes the testing requirements for the Third Grade Reading Guarantee Program for the 2014-15 school year. All types of schools, except non-public schools, are required to administer the fall and spring the assessment previously used in English language arts, but can also administer in the spring the Partnership for Assessment of Readiness for College and Careers (PARCC), or a different assessment.

•Section 13 Online Assessments: The Senate amendment states that, “...for the 2014-2015 school year, no school district, community school, STEM school, college-preparatory boarding school, or chartered nonpublic school shall be required to administer an online format any assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code. However, a district or school may administer any of those assessments in an online format at the discretion of the district board or school governing authority, or in any combination of online and paper formats. The department of education shall furnish, free of charge, all such assessments for that school year regardless of the format selected by the district or school.”

•Section 14 Nonpublic School Graduation Requirements: This section requires the formation of a committee to make recommendations by January 15, 2015 regarding graduation requirements and other state-mandated testing requirements for students who attend chartered nonpublic schools. The committee shall consist of the following members:

-The Superintendent of Public Instruction or the Superintendent’s designee, who shall act as the chairperson
-The President of the state Board of Education or the President’s designee
-Three individuals, appointed by the Speaker of the House of Representatives, one of which shall be recommended by the Minority Leader of the House of Representatives
-Three individuals, appointed by the President of the Senate, one of which shall be recommended by the Minority Leader of the Senate;
-Three individuals, appointed by the Superintendent of Public Instruction, representing the Catholic Conference of Ohio; a nonpublic school accredited through the Independent School Association of the Central States; and a nonpublic school that is not a member of the Catholic Conference of Ohio or accredited through the Independent School Association of the Central States.

•Section 15 Release of Test Questions: The Senate amendment requires that “the entirety of the questions and corresponding preferred answers of the assessments” administered in the spring of the 2014-2015 school year “shall be released within three years of its administration.”

•Section 16 Decisions Based on Value Added: The Senate amendment states that the value-added progress dimension rating issued for the 2014-2015 school year to assess student academic growth for purposes of teacher evaluations will not be used when making decisions regarding the dismissal, retention, tenure, or compensation of the district’s or school’s teachers.

2) Senate Passes HB483 (Amstutz) MBR-Operations

The Ohio Senate approved on May 21, 2014 HB483 (Amstutz) by a vote of 24 to 8. The bill includes appropriations for a variety of programs including those for education and community-based programs for the arts, and several changes in state tax policies, which will reduce state tax revenue by more than $400 million, according to reports.

Among the amendments added by the Senate is an acceleration of the 10 percent income tax cut included in HB59 (Amstutz) Biennial Budget, and an increase in the small business income tax credit from 50 to 75 percent for tax year 2014 on up to $250,000 of Ohio income.

The Earned Income Tax Credit was also increased from five percent to the federal credit of 10 percent to help middle and low-income residents.

The Senate also added an amendment that requires municipal corporations with income taxes to annually report to the tax commission the amount of tax revenue collected from residents and nonresidents.

The bill now includes SB52 (Coley), which limits who can file claims to challenge property values. The county recorder is allowed, but not required, to make challenges on behalf of school districts and local governments. The bill allows school districts to respond to claims by taxpayers who challenge their property values as being set too high, but school districts can no longer initiate a challenge of property values.

(See “Small Solutions to Ohio’s Big Problems in Senate Budget Bill”, Policy Matters Ohio, May 22, 2014 at
http://www.policymattersohio.org/senate-may2014)

Regarding education policies, the Senate removed the dropout prevention and recovery provisions and the $5 million in appropriations to support the provision; eliminated a $200,000 earmark for STEM schools; creates a line item for school security grants and allows nonpublic schools to participate; adjusts the appropriations for the Cleveland Scholarship program to fully fund it, rather than expand the EdChoice Scholarship Program; and provides $10 million for the Career Advising and Mentoring program.

The following is a summary of some provisions included in the Senate version of HB483:

•NEW Section 3302.15 Ohio Innovative Lab Network: Creates the Ohio Innovative Lab Network for up to 10 school districts. A school district that is a member can request from the Superintendent of Public Instruction a waiver for up to five school years from administering the state achievement assessments and related requirements. A district that obtains a waiver under this section shall use the alternative assessment system, as proposed by the district or school and as approved by the state superintendent, in place of the current required assessments. (This provision is also included in HB487.)

•Section 3303.41 Council on People with Disabilities: Changes the membership requirements and succession requirements for the chairman, and makes other changes for the Council on People with Disabilities.

•NEW Section 3313.351 Attorney General/websites: States that the attorney general may educate school districts about contracting with any entity that provides students with account-based access to a web site or an online service, including electronic mail.

•Section 3313.372 Energy Conservation: Requires an energy services company to provide a surety bond upon the request of a board of education, and describes the requirements of the bond.

•NEW Section 3313.902 Adult Career Opportunity Pilot Program: Creates the Adult Career Opportunity Pilot Program, which will enable an eligible student to obtain a high school diploma from an eligible institution. Institutions must obtain approval to institute the program from the state board of education and the chancellor.

A program shall be eligible for this approval if it satisfies all of the following requirements:
-The program allows an eligible student to complete the requirements for obtaining a high school diploma while completing requirements for an approved industry credential or certificate.
-The program includes career advising and outreach.
-The program includes opportunities for students to receive a competency-based education.

The superintendent of public instruction, in consultation with the chancellor, shall adopt rules for the implementation of the adult career opportunity pilot program, including the requirements for applying for program approval.

•Sections 3314.08, 3313.64, or 3313.65 and 3317.02 State Funding for Career Tech: The bill makes changes in how payments are calculated for students in career technical education programs.

•REMOVED NEW Section 3314.38 Dropout Prevention and Recovery Programs/Charter School; Removes NEW Sections 3317.23 Dropout Prevention and Recovery Programs/School Districts; NEW Section 3317.24 Dropout Prevention and Recovery/Joint Vocational School Districts; and NEW Section 3345.86 Dropout Prevention and Recovery/Community Colleges.

•Section 3317.217 Computation of Targeted Assistance: Includes students attending STEM schools in the ADM of school districts regarding the Targeted Assistance calculation.

•Section 3317.06 Nonpublic School Allowable Purchases: Allows public funds to be used to purchase or lease equipment for emergency communications systems, school entrance security systems, or both for placement in nonpublic schools within the district.

•Section 3318.36 School Facilities: Defines “tangible personal property phase-out impacted district” as a school district for which the taxable value of its tangible personal property for tax year 2005, excluding the taxable value of public utility personal property, made up eighteen per cent or more of its total taxable value for tax year 2005. Makes changes regarding the participation and ranking of tangible personal property phase-out impacted districts in the Ohio School Facilities Program.

•Section 3326.29 Ohio Innovative Lab Network: A STEM school established under this chapter may submit to the superintendent of public administration a request for a waiver from administering the state achievement assessments and related requirements in the manner prescribed by that section as if it were a school district. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

•Section 3345.56 Student Unions: States that a student attending a state university as defined in section 3345.011 of the Revised Code is not an employee of the state university based upon the student’s participation in an athletic program offered by the state university.

•Section 3358.03 State Community College District: Makes changes in the membership of the board of trustees of state community college districts.

Temporary Law and Funding

•Section 263.230 Career Technical Planning Districts: Any remaining funds in each fiscal year from a $2 million set aside for career-technical planning districts will be reimbursed to the Department of Youth Services and the Department of Rehabilitation and Correction for individuals in these facilities who have taken the GED for the first time. The amounts reimbursed shall not exceed the per-individual amounts reimbursed to other individuals under this section for each section of the GED.

-Of the foregoing appropriation item 200550, Foundation Funding, up to $18,713,327 in fiscal year 2014 and up to $26,213,327 in fiscal year 2015 will be used to support school choice programs. This is an increase of $7.5 million from the current level of support.

•Section 263.240 and 263.250 Joint Vocational School Districts: Makes changes regarding funding for joint vocational school districts.

•263.270 Adult Career Opportunity Pilot Program: The foregoing appropriation item 200654, Adult Career Opportunity Pilot Program, shall be used by the Superintendent of Public Instruction to award and administer planning grants for the Adult Career Opportunity Pilot Program established in section 3313.902 of the Revised Code.

The Superintendent may award grants of up to $500,000 to not more than five eligible institutions. The grants shall be used by selected eligible institutions to build capacity to implement the program beginning in the 2015-2016 academic year.

The Superintendent of Public Instruction and the Chancellor, or their designees, shall develop an application process to award these grants to eligible institutions geographically dispersed across the state. Any remaining appropriation after providing grants to eligible institutions may be used to provide technical assistance to eligible institutions receiving the grant.

The Superintendent, in consultation with the Chancellor, the Governor’s Office of Workforce Transformation, the Ohio Association of Community Colleges, Ohio Technical Centers, Adult Basic and Literacy Education programs, and other interested parties as deemed necessary, or their designees, shall develop recommendations for the method of funding and other associated requirements for the Adult Career Opportunity Pilot Program.

The Superintendent shall provide a report of the recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2014.

•Section 263.320 Career Advising and Mentoring Program: The foregoing appropriation item 200629, Career Advising and Mentoring ($10 million), shall be used by the State Superintendent of Public Instruction to create the Career Advising and Mentoring Grant Program.

The Superintendent shall develop guidelines for the grants. The program shall award competitive matching grants to provide funding for local networks of volunteers and organizations to sponsor career advising and mentoring for students in eligible school districts.

Each grant award shall match up to three times the funds allocated to the project by the local network. Eligible school districts are those with a high percentage of students in poverty, a high number of students not graduating on time, and other criteria as determined by the State Superintendent.

Eligible school districts shall partner with members of the business community, civic organizations, or the faith-based community to provide sustainable career advising and mentoring services.

Section 263.325 Straight A Grant Program: Grants awarded under this section may be used by grant recipients for grant-related expenses incurred for a period not to exceed two years from the date of the award according to guidelines established by the Straight A Fund governing board.

FROM: Ann Brennan 

FYI: Important update; this will be a busy week at the Statehouse as the Senate and House Education Committees have full schedules as they try and reach compromises on SB 229 the teacher evaluation bill, and HB 487 the Education MBR bill. HB 487 will be the vehicle for other agreed to education bills,including perhaps the compromise between the Senate and House versions of SB 229, they all will likely be added to HB 487. I'll keep you posted and provide a thorough update next week.

May 19, 2014

1) Ohio News

•130th General Assembly: The House and Senate will hold hearings and sessions this week.

The Senate Finance Committee, chaired by Senator Oelslager, will meet on May 20, 2014 at 10:00 AM and, if needed, on May 21, 2014 at 9:30 AM in the Senate Finance Hearing Room. The committee will receive testimony on several bills, including three Mid Biennial Review (MBR) bills that affect education policies. Those bills are:
-HB486 (Baker/Stebelton) MBR-Workforce and Economic Development Programs
-HB483 (Amstutz) MBR-Operation of State Programs
-HB492 (Scherer) MBR-Taxation

The Senate Education Committee, chaired by Senator Lehner, will meet on May 20, 2014 at 11:00 AM in the South Hearing Room and on May 21, 2014 at 4:00 PM in the South Hearing Room. The committee will receive testimony on HB487 (Brenner) MBR K-12 Education Programs on May 20th, and receive testimony on HB171 (McClain/Patmon) Released Time for Religious Instruction and HB193 (Brenner) High School Diploma Requirements on May 21st.

The House Education Committee, chaired by Representative Stebelton, will meet on May 21, 2014 at 9:00 AM in hearing room 313. The committee will receive testimony on the following bills:
-HB470 (Barnes) School Bullying Awareness Act
-HB479 (Butler) Enterprise Academy Community Schools
-HB460 (Brenner/Driehaus) School Restructuring
-HB454 (Gonzales) Concealed Carry-School Safety Zone

•Ohio Senate Approves Bills: The Ohio Senate unanimously approved on May 14, 2014 HB484 (Rosenberger/Brown) Higher Education MBR and SB96 (LaRose) World History Requirement.

HB484 (Rosenberger/Brown) was amended to include the following:
-Removes the requirement that faculty be involved in creating yearly workload reports.
-Requires that the Chancellor report performance-based funding recommendations by 2014 rather than 2016.
-Requires the Board of Regents to study at-risk populations and focus on first generation college students.
-Advances the date that the co-op internship program must be finalized.
-Includes SB69 (Beagle) Course and Program Sharing Network.

SB96 (LaRose) would require students to earn one unit of world history in order to graduate.

•Ohio House Approves Bills: The Ohio House approved on May 14, 2014 HB375 (Huffman), a controversial severance tax on the gas and oil industry to address the expansion of fracking in Ohio. The proposed 2.5 percent tax on gross receipts from horizontal wells used to extract oil and gas from shale will be used to cut the personal income tax and to support local governments, which have experienced a loss in state revenue over the past years. Governor Kasich proposed a 2.75 percent severance tax on horizontal wells.

The House also approved the following bills:

-HB241(Hagan) School Employees-Sexual Conduct: Prohibits an employee of a public or nonpublic school or institution of higher education from engaging in sexual conduct with a minor who is enrolled in or attends that public or nonpublic school.

-HB290 (Stebelton) School Premises Liability: Regarding the use of school district premises by members of the public and immunity from civil liability for a school district and schools when permitting members of the public to use school premises.

•Connect for Success: The Ohio Educators Connect for Success Conference will be held June 16-17, 2014 in Columbus. The Connect for Success conference is a two day professional learning experience with over 100 sessions.
See http://www.battelleforkids.org/events/connect-for-success.

•Gifted Data Available on Report Cards: The Department of Education announced on May 13, 2014 that it had updated state-generated report cards for schools and districts from last year to include information about gifted education programs. The gifted information is located under the “Achievement” tab, and then on the upper right corner of the page under “Gifted”.

2) National News

•Brown v. Board of Education Anniversary: May 17, 2014 marked the 60th anniversary of the U.S. Supreme Court Decision in Brown v. Board of Education of Topeka, Kansas. That decision challenged the “separate but equal” doctrine and declared state laws establishing segregated schools unconstitutional, leading to a national movement toward racial and social equity in schools. Rallies and events were held throughout the country last week to mark the landmark decision.

In a report released on May 15, 2014 by the Civil Rights Project (CRP), researchers at UCLA explain that through the mid 1980s the Brown decision influenced the progress made in desegregating schools and equalizing educational opportunities for minority students. However, since the 1990s, and the end of desegregation plans in many school districts, a statistical analysis shows that segregated schools have increased in large districts, including Charlotte, NC; Pinellas County, FL; and Henrico County, VA.

The report shows that “Segregation is typically segregation by both race and poverty. Black and Latino students tend to be in schools with a substantial majority of poor children, but white and Asian students are typically in middle-class schools.”

“Segregation is by far the most serious in the central cities of the largest metropolitan areas, but it is also severe in central cities of all sizes and suburbs of the largest metro areas, which are now half nonwhite. Latinos are significantly more segregated than blacks in suburban America.”

The authors write, “We conclude with recommendations about how we might pursue making the promise of Brown a reality in the 21st century. Desegregation is not a panacea and it is not feasible in some situations.”

“Where it is possible-- and it still is possible in many areas-- desegregation properly implemented can make a very real contribution to equalizing educational opportunities and preparing young Americans for the extremely diverse society in which they will live and work and govern together.”

See “Brown at 60: Great Progress, a Long Retreat and an Uncertain Future”, by Gary Orfield and Erica Frankenberg, with Jongyeon Ee and John Kuscera, Civil Rights Project/Proyecto Derechos Civiles, May 15, 2014 at
http://civilrightsproject.ucla.edu/research/k-12-education/integration-and-diversity/brown-at-60-great-progress-a-long-retreat-and-an-uncertain-future

•Pre-K Bill Approved by Committee: The U.S. Senate Health, Education, Labor, and Pensions Committee, Senator Tom Harkin chair, approved on May 14, 2014 the Strong Start for America’s Children Act, a new federal program to expand preschool for 4 year old children from low and moderate income families, and proposed by the Obama administration. The vote was 12 to 0 with no Republican support. The program is expected to cost over $30 billion over the first five years. The President recommended that it be funded by a new tax on tobacco products. A similar bill has been introduced in the U.S. House by Representative by Representative George Miller (D-CA).

•Group Files Complaints Against Closing Schools: Lyndsey Layton reports for the Washington Post that the Advancement Project filed three federal civil rights complaints on May 13, 2014 with the U.S. Department of Justice and the U.S. Department of Education’s Office for Civil Rights, challenging school closures and the expansion of charter schools. The complaints were filed on behalf of the Journey for Justice Alliance (JFJ), which is an alliance of grassroots organizations in Newark, New Orleans, and Chicago.

The complaints allege that closing public schools in Newark, New Orleans, and Chicago disproportionately affects African American students, uproots communities, and violates Title VI of the Civil Rights Act, which prohibits discrimination in the use of federal funds by schools and other institutions. The schools that have been closed in the targeted cities serve predominately African-American students, while public schools serving white students have remained open.

According to the article, 13 public schools have been closed in Newark since 2009; 111 schools have been closed in Chicago since 2001, and all but five traditional public schools have been closed in New Orleans since 2003. Public schools have been replaced by charter schools, which are publicly funded, but privately operated, and perform no better than the public schools closed.

See “Are School Closings the “New Jim Crow’? Activists file civil rights complaints” by Lyndsey Layton, Washington Post, May 13, 2014, at
http://www.washingtonpost.com/local/education/are-school-closings-the-new-jim-crow/2014/05/13/1a0d3ae8-dab9-11e3-b745-87d39690c5c0_story.html

•Massachusetts Teachers Select Opponent of CCSS as Leader: The Nation Review Online reports on May 15, 2014 that the Massachusetts Teachers Association has elected Barbara Madeloni as president. Ms. Madeloni is opposed to the Common Core State Standards (CCSS) and high-stakes testing, and the use of student test scores to evaluate teachers. According to the article, Ms. Madeloni will work to impose a three-year moratorium on testing, and expose the “corporate forces” that are behind the Common Core and policies, such as charter schools, which undermine public education. The article also notes that the Massachusetts State Board of Education has already voted to slow-down implementation of the CCSS.

See “Massachusetts’s Teachers’ Union Elects Anti-Common Core President” by Patrick Brennan, National Review Online, May 15, 2014 at
http://www.nationalreview.com/corner/378075/massachusettss-teachers-union-elects-anti-common-core-president-patrick-brennan.

3) Update on SB229 (Gardner) Teacher Evaluations: The House Education Committee, chaired by Representative Stebelton, accepted another substitute version for SB229 (Gardner) Teacher Evaluation on May 14, 2014. Before going into the details of the second substitute bill, here is some background on SB229:

Senator Gardner worked with teachers and school administrators last year to develop the components of SB229, which responds to concerns expressed by school administrators and teachers about the amount of time and cost of implementing Ohio’s Teacher Evaluation System (OTES). The bill would have reduced the amount of time it takes to evaluate teachers, and would have decreased the percent of the evaluation based on the student growth measure (value added) from 50 to 35 percent. This change is in line with other states using value added as part of their teacher evaluations.

SB229 was unanimously approved by the Ohio Senate on December 4, 2013, but languished in the House Education Committee for weeks. Then a substitute bill was accepted by the House Education Committee on March 29, 2014. The substitute bill completely changed the focus of the bill, and drew opposition from the Ohio School Boards Association, the Buckeye Association of School Administrators, the Ohio Association of School Business Officials, the Ohio Federation of Teachers, the Ohio Education Association, and several parents and teachers who testified against the bill. The proponents of the bill are mostly members of StudentsFirst, an education reform organization founded by Michelle Rhee, former superintendent of schools in Washington, D.C.

Both opponents and proponents testified on the bill on May 7 and May 14, 2014. According to the testimony, opponents oppose the following provisions in the substitute bill:

-Using student surveys as part of the teacher evaluations
-Adding another teacher rating defined as “effective” to the current four ratings: accomplished, skilled, developing, or ineffective
-Requiring student academic growth to account for between 40 and 50 percent of teacher evaluations
-Refusing to reduce the number of evaluations for highly rated teachers
-Requiring teachers rated effective, developing, or ineffective to implement an improvement plan
-Prohibiting school districts from assigning students to a teacher who has been rated ineffective for two consecutive school years
-Requiring the ODE not later than July 1, 2015 to develop a standardized framework for assessing student academic growth for grade levels and subjects for which the value-added progress dimension does not apply
-Requiring that boards of education administer an assessment to students in each of grades K-12 to determine a teacher’s student academic growth in English language arts, mathematics, social studies, and science beginning on July 1, 2016
-Exempting all provisions regarding educator evaluations from collective bargaining; and more.

Testimony on the bill is available at http://www.ohiohouse.gov/committee/education.

The second substitute bill was accepted by the House Education Committee on May 14, 2014, and does the following:

-Allows school districts to determine the percent of a teacher’s evaluation based on student surveys (from 1-20 percent) and states that the percent remaining be equally split between teacher performance and student growth. (So, if the school district selected student surveys to account for 20 percent of the evaluation, 40 percent would be based on teacher performance (observation) and 40 percent student growth.)

-Allows schools or school district to use an alternative student survey instrument, if the survey is approved by the Ohio Department of Education.

-Allows the use of student surveys to be determined by collective bargaining, but does not allow collective bargaining of the percentage of the evaluation that would be based on student surveys (that is in the bill as between 1-20 percent); the alternative framework; or the student survey instruments.

-Delays the use of student surveys until 2016-17.

-Removes the requirement in the bill that school districts not assign students to teachers rated ineffective for two consecutive years.

-Allows “accomplished” and “skilled” teachers with student growth ratings of at or above average to be evaluated every three or two years.

-Reduces the portion of a school year a teacher can be on leave and opt not to be evaluated from 70 percent to 50 percent.

-Requires only teachers rated “developing” and “ineffective” to create improvement plans.

-Requires the Department of Education to report to the General Assembly by December 31, 2014 its recommendations for funding the assessments required in the bill related to student academic growth.

-Removes the requirement that the ODE develop a standardized framework for assessing student academic growth for grade levels and subjects for which the value-added progress dimension does not apply.

The House Education Committee is not hearing SB229 this week.

4) Racism, School Closures, and Public School Sabotage: The Journey for Justice Alliance (JFJ) released on May 13, 2014 a report that documents the harm inflicted upon communities by corporate education reforms and efforts to close public schools in predominantly Black and Latino communities and replace them with privately operated charter schools. Noted in the report are school closures in Columbus, Akron, and Cleveland.

Journey for Justice is an “...alliance of 36 grassroots community, youth, and parent-led organizations in 21 cities working for community-driven school improvement as an alternative to the privatization and dismantling of public school systems.”

JFJ conducted a listening tour in Boston, Caguas (Puerto Rico), Chicago, Detroit, Jersey City (NJ), New Orleans, New York, Newark, Paterson (NJ), Philadelphia, Pittsburgh, St. Paul, and Washington DC to gather information for the report. According to the report, researchers learned that closing public schools has a devastating effect on neighborhoods, families, and children, and destabilizes communities, due to the loss of the culture, history, and identity associated with the public school. In some cases after neighborhood public schools were closed, businesses, including grocery stores, also closed, causing more instability in the communities.

The report identifies a number of reasons offered by policy-makers for closing public schools, such as shrinking budgets, under-utilized buildings, and academic failure, but the authors believe that “those explanations are largely superficial”. They write,

“The real, underlying cause for these school closures is that there has been a realignment of political forces. Right-wing conservatives have long sought to eliminate public goods such as public education, and dismantle organized labor, especially teachers’ unions. Thus, for decades they have advocated – often successfully – for cutting spending to public schools. They have also long pursued the replacement of public schools with non-unionized, privately managed schools that receive public funds, either through a voucher system or a system of charter schools. Their privatization proposals received little support until they were joined by billionaires willing to invest heavily in education reform such as Bill Gates, Eli Broad, and the Walton family; members of the business community, especially Wall Street and large corporations, who realized there is considerable profit to be made by outsourcing education to private management; and Democratic policymakers who bought into (or were at least willing to promote) the unproven assertion that privatization and “school choice” would create improved educational opportunities for students. As a result of this political shift, there emerged a well-organized and extraordinarily well-funded group of individuals and organizations that has exploited any political opening they could find to destabilize neighborhood public schools – almost exclusively within communities of color – and instead promote the expansion of charter schools.”

The authors write that public education is too big and important to fail, and the problems that plague schools can be fixed through research-based efforts, rather than untested reforms promoted by billionaires, corporations, and Wall Street.

The report includes the following recommendations:

-The U.S. Department of Education should replace its four school “turnaround” models with the “Sustainable School Success Model.”
-President Obama should call for a national moratorium on school closures and charter school expansion and spearhead the creation of a “Public School Bailout and Revitalization Fund.”
-Congress should revoke all tax credits and other incentives for charter school investment and replace them with equivalent incentives to invest in public schools.
-All charter schools that fail to both provide an innovative educational model that is unavailable in local public schools and demonstrate superior performance in educating all of their students should not have their charters renewed.
-The White House Domestic Policy Council, United Nations, and Permanent Court of International Justice (or “World Court”) should participate in a “Grassroots Impact Tour” of the communities affected by mass school closures to hear from students, parents, educators, and community members, and witness the community-wide effects.
-Due to the harm inflicted on our communities by corporate education interventions, the Journey for Justice Alliance seeks a Senate hearing on the impact of these policies.

See “Death By A Thousand Cuts: Racism, School Closures, and Public School Sabotage”, Journey for Justice Alliance, May 13, 2014 at
http://www.advancementproject.org/pages/journey-for-justice-and-advancement-project-files-title-vi-complaints-again#sthash.NbvstjQY.dpuf

5) Classroom Observations Better Way to Evaluate Teachers: The Brown Center on Education Policy at the Brookings Institute released on May 14, 2014 a report examining teacher evaluation systems in four urban school districts and found that “...nearly all the opportunities for improvement to teacher evaluation systems are in the area of classroom observations rather than in test score gains.”

According to the report, most states have adopted new teacher evaluation systems to comply with federal waivers from the No Child Left Behind Act or as part of a Race to the Top grant. These policies, supported by the Obama Administration, incorporate student achievement data and classroom observation to some extent. However, the researchers, found that there was too much emphasis on the student achievement data component of the evaluation relative to the 22 percent or so of teachers with student-based data available. On the other hand, there has been little emphasis on teacher observation practices which apply to all teachers, while improving these practices could significantly improve all teachers.

The report includes the following recommendations:

•”Under current teacher evaluation systems, it is hard for a teacher who doesn’t have top students to get a top rating. Teachers with students with higher incoming achievement levels receive classroom observation scores that are higher on average than those received by teachers whose incoming students are at lower achievement levels, and districts do not have processes in place to address this bias. Adjusting teacher observation scores based on student demographics is a straightforward fix to this problem. Such an adjustment for the makeup of the class is already factored into teachers’ value-added scores; it should be factored into classroom observation scores as well.”

•”The reliability of both value-added measures and demographic-adjusted teacher evaluation scores is dependent on sample size, such that these measures will be less reliable and valid when calculated in small districts than in large districts. Thus, states should provide prediction weights based on statewide data for individual districts to use when calculating teacher evaluation scores.”

•”Observations conducted by outside observers are more valid than observations conducted by school administrators. At least one observation of a teacher each year should be conducted by a trained observer from outside the teacher’s school who does not have substantial prior knowledge of the teacher being observed.”

•”The inclusion of a school value-added component in teachers’ evaluation scores negatively impacts good teachers in bad schools and positively impacts bad teachers in good schools. This measure should be eliminated or reduced to a low weight in teacher evaluation systems.”

See “Evaluating Teachers with Classroom Observations Lessons Learned in Four Districts” by Grover J. (Russ) Whitehurst, Matthew M. Chingos, and Katharine M. Lindquist, Brookings Institute, May 14, 2014, at
http://www.aera.net/Newsroom/RecentAERAResearch/InstructionalAlignmentasaMeasureofTeachingQuality/tabid/15510/Default.aspx

6) State Board of Education: The State Board of Education, Debe Terhar President, met on May 12 & 13, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH. This month the State Board conducted a Chapter 119 on several rules; held committee meetings; received updates about Ohio’s Race to the Top grant and the administration of new assessments aligned to Ohio’s new content standards; received public participation about the gifted performance indicator; and appointed eight members to the Educator Standard’s Board.

•Chapter 119 Hearing: The State Board conducted a Chapter 119 Hearing on May 12, 2014 on the following Ohio Administrative Code Rules (OAC). There was no public testimony offered on them.
-OAC Rules 3301-21-05 to -07 Colleges and Universities Preparing Teachers
-OAC Rule 3301-24-07 Provisional License Renewal
-OAC Rules 3301-37-01 to -12 Child Day Care Licensing
-OAC Rules 3301-102-11 to 12 Academic Gains, Overall Designations

•Achievement Committee: The Achievement Committee, chaired by C. Todd Jones, approved a resolution to adopt the model curricula in the Fine Arts and World Languages. The committee also received updates about the alignment of the birth to Kindergarten and K-3 Standards and plans for summer professional learning opportunities. Brian Roget, Associate Director of the ODE Office of Curriculum and Assessment, explained to the committee that the ODE has developed several web-based tools about implementing the new common core state standards, and is encouraging network regional leaders to connect with districts to integrate the new standards. A summer academy is also being planned and will include teachers in the fine arts and world languages to network with regional leaders on strategies to better integrate all standards.

•Accountability Committee: The Accountability Committee, chaired by Tom Gunlock, agreed on a framework for the report card indicator for gifted education; agreed on the weights for the report card measures to determine an overall A-F grade for schools and districts; and discussed threshold decisions for the gifted performance indicator.

Gifted Indicator: Dr. Chris Woolard, Director of the Office of Accountability and chair of the Gifted Education Work Group, shared with the committee a framework for reporting gifted performance on the state report card developed by the work group. The Gifted Education Work Group was appointed by President Terhar in March 2014 and includes Tom Ash, Director of Governmental Relations, BASA; Colleen Boyle, Supervisor of Gifted and Talented, Columbus City Schools; Matt Cohen, Chief Research Officer, Office of Policy and Research, ODE; Jamie Meade, Managing Director of Strategic Measures, Battelle for Kids; Ann Sheldon, Executive Director, Ohio Association for Gifted Children; Wendy Stoica, Assistant Director, Office of Exceptional Children, ODE; Michael Tefs, Superintendent, Wooster City Schools; and Chris Woolard, Director, Office of Accountability, ODE (chair).

The Accountability Committee agreed on the proposed framework for the gifted indicator, which includes three parts: Progress of gifted students; Performance of gifted students; and District Inputs (opportunities) for gifted students.

-Progress: The gifted value-added (Gifted VA) grade will be used as the progress measure for the indicator for all districts with value added data. The gifted value added measure applies to students in grades 4-8 in reading, math, and superior cognitive ability. For districts without a value-added grade (50 this year) the committee set a minimum enrollment of 600 students. If a district is at or above the 600 ADM level and does not have Gifted VA, the district will be rated as “not met”, but if a district is below the 600 ADM level and does not have the gifted value added grade, but does have the gifted performance index (PI) grade, the district will be evaluated as “met/not rated.”

School buildings without gifted value-added grades will be evaluated as “met/not met” if they have the gifted performance index score, based on the performance index and gifted inputs. If a school has neither the gifted value added grade or the gifted performance index, the school will be evaluated as “met/not rated” for the indicator, based on the Gifted Inputs.

-Performance: The gifted performance grade will be based on the gifted performance index (PI). The committee recommended that the State Board revisit the issue prior to the 2016 Report Card in order to incorporate new information about assessment data and additional assessments, such as the ACT.

-Gifted Inputs: This measure will be based on total points allocated for gifted identification as a percentage of enrollment and gifted service as a percentage of those identified, across four categories: Academic/Superior Cognitive (by grade bands for districts); Visual & Performing Arts/Creative Thinking (by grade bands for districts); Students in racial/ethnic minority categories; and Students who are economically disadvantaged.

The committee recommended that the State Board revisit this category prior to 2016 report card to look at the impact of the point structure.

The gifted indicator will be “reported only” on the 2014 school/district report card, and will count as part of indicators met on the 2015 report card.

Schools/districts must meet a minimum threshold on each part to meet the indicator. The committee discussed the proposed thresholds for the components, but did not make any decisions.

Weights Selected to Combine Components: The committee also considered options for combining and weighting the achievement measure, graduation rate, and value added measure on the report card. The committee agreed to the following:

-Achievement Component: Weight the performance index at 75 percent and the performance indicators at 25 percent.
-Graduation Rate: Weight the four-year rate at 60 percent and the five-year rate at 40 percent.
-Value-added Measure: Weight overall value-added at 55 percent and the three subgroups (gifted, disabled, and the lowest 20 percent) at 15-15-15 totaling 45. The committee also agreed that when data from subgroups was missing, the data for the subgroup(s) available would be used. The law prohibits the State Board from assigning a grade of “A” for the value added measure unless a district’s or building’s grade for all subgroups is a “B” or higher.

•Operating Standards Committee: The Operating Standards Committee, chaired by Ron Rudduck, discussed a revised version of Rule 3301-35-06 Educational programs and supports, and received a presentation about blended learning from Dan Badea, Assistant Director in the Office of Curriculum and Assessment at the ODE.

Blended learning is an instructional strategy in which students learn in part through online delivery of content and instruction. Currently there are 65 Ohio schools that report implementing some form of blended learning in Ohio.

Language regarding blended learning and safety have been added to Rule 3301-35-06, but the ODE staff suggested splitting-up this rule, or moving parts of this rule to other rules. The committee informally agreed that blended learning and safety should be separate rules. Sarah Fowler also suggested that a link between language about safety plans and the Attorney General’s office, which provides sample safety plans, be created.

During the discussion, Stephanie Dodd requested that in all cases references to the Ohio Revised Code be included in the rule, so that the reader understands that the language of the rule is based on law.

Debe Terhar requested that the ODE investigate how instruction in phonics is reflected in law and particularly the Third Grade Reading Guarantee. In the current draft of Rule 3301-35-06 references to instruction in phonics have been removed from the rule.

•Business Meeting on May 13, 2014: During the State Board of Education’s business meeting on May 13, 2014 Superintendent Ross asked ODE staff to provide updates about the next round of the Straight A Fund and the status of the recent field tests of assessments aligned to the new content standards.

Sarah Dove, ODE Senior Policy Advisor, told the board that field testing of the new assessments aligned to the new content standards was occurring in two different windows of time. The first round of the PARCC assessments (Partnership for the Assessment of Readiness for College and Careers) in English language arts and mathematics and AIR (American Institutes for Research) assessments in social studies and science in grades 3-12 have been completed. These assessments are performance-based assessments (PBA) and take longer to complete and to grade, and are administered at the 75 percent point of the school year. About 65,000 students participated in the PARCC assessments: 49,000 by computer and 16,000 by paper. There were over 115,000 students taking the AIR assessments, which was only administered by computer, but a paper version of the assessments will be available next year.

Ms. Dove reported that there were no significant problems with technology. Glitches were localized or one-time problems that were corrected. Students were asked to provide feedback about the assessments, and a more detailed report about their comments will be available in the summer. Early feedback indicates that the students found the questions to be challenging and required deeper thought. The math seemed to be more challenging than the English language arts.

Feedback from teachers and administrators is more positive about the AIR assessments than the PARCC assessments.

Round two of assessments is now open and students will be taking end of year assessments (EOA) which include multiple choice and short answer questions, and can be graded by computer.

Student data will not be reported this year, because the tests are not complete examinations and are being used to validate the questions.

Superintendent Ross also reported that Ohio has received an extension of its Race to the Top Grant from the U.S. Department of Education. The extension will allow schools/districts to have more time to spend their funds. He said that overall the U.S. Department of Education seems to be satisfied with Ohio’s progress, but that he is not, and is grateful to have more time to complete initiatives.

Public Participation on Non-Agenda Items: Ann Sheldon, Executive Director of the Ohio Association for Gifted Children, shared with the State Board her thoughts and concerns about the gifted performance indicator, and recommendations about the thresholds for the gifted performance indicator.

She said that there was an incredible amount of ODE data that shows the lack of access to gifted services for certain groups of students. According to Ms. Sheldon, “Districts by and large are not providing the same opportunities for economically disadvantaged and minority gifted students as they are for white non-economically disadvantaged students.”

Regarding the work of the Accountability Committee, Ms. Sheldon explained that she is concerned that the point system developed for measuring gifted inputs does not fully describe the disparity in identification and services for different student populations.

She also wanted to include a component to measure acceleration of gifted students, and hoped that the State Board will revisit acceleration in 2016.

In addition, she noted that the low cut scores on Ohio’s current assessments hamper assessing the true achievement of gifted students.

Regarding the State Board’s responsibility to set the thresholds for the gifted indicators, Ms. Sheldon urged the board to avoid the temptation to set the thresholds low, which will inflate gifted scores for some school districts that are doing little for gifted students. She recommends a “C” or above for the gifted value added element; 116 or 117 (out of 120) for the gifted performance index; and a phase-in from 50 in 2014 to 80 out of 100 in 2016 for the gifted input element.

In addition, Ms. Sheldon recommended that the district minimum ADM enrollment be 500 ADM, rather than the 600 ADM selected by the committee, and that districts with missing subgroups for the value-added component should receive an “F” for the missing subgroup, if their enrollment is at or above the minimum ADM enrollment.

•Voting Agenda: The voting agenda for this month includes personnel items and the following resolutions:

#14 Approved a Resolution to Rescind Rule 3301-24-10 of the Administrative Code entitled Alternative Educator License.

#15 Approved a Resolution to Amend Rule 3301-46-01 of the Administrative Code entitled Establishing Provisions for Granting Exceptions from Statutory Provisions and Rules as Necessary to Implement Innovative Education Pilot Programs.

#16 Approved a Resolution to Amend Rules 3301-51-01 to 3301-51-09 and Rule 3301-51-11 of the Administrative Code and to Rescind and Adopt Rule 3301-51-21 regarding the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities.

#17 Approved a Resolution of Appointment to the Educator Standards Board. The Board appointed the following eight individuals to the Educator’s Standards Board:
-Jeffrey Brown, Superintendent, representing BASA
-Stephen Osbsorne, Treasurer, representing OASBO
-Debra McDonald, Pre-K Teacher, representing OEA
-Amy Poole, Elementary Teacher, representing OEA
-Joseph Fultz, Elementary Teacher, representing OEA
-Jean Cerniglia, Middle School, representing OEA
-Kelly Bell, Secondary Teacher, representing OEA
-Donna Kavanaugh, Secondary Teacher, representing OFT

#18 Approved a Resolution to Approve the Recommendation of the Hearing Officer and to Dismiss the Parent’s Appeal Pursuant to R.C. 3356.05 Regarding a Dispute with the West Liberty-Salem School District about Credits Granted for a Post-Secondary Options Course.

#19 Approved a Resolution Celebrating the 60th Anniversary of the Decision in Brown v. Board of Education.

See http://education.ohio.gov/State-Board/State-Board-Meetings/State-Board-Meetings-for-2014-1

7) Bills Introduced

•HB536 (Smith/Antonio) Children Vaccination: Require that children enrolled in licensed child care facilities be immunized in accordance with a schedule that is based on the schedule recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

FYI ARTS

1) NEA Report and New Strategic Plan: The National Endowment for the Arts (NEA) released in April 2014 a report about the Education Leaders Institute (ELI), an initiative started in 2008 by the NEA to bring together teams from 29 states to develop strategies to strengthen states’ arts education policies. The report describes the results of the initiative and how the results are reflected in a new NEA arts education strategic plan, which is also included in the report.

The vision of the NEA is for every student to be engaged and empowered through an excellent arts education. The report recommends four “catalysts” to promote the arts as a core element of education. The catalysts were identified through the ELI meetings and implementation of ELI initiatives.

-Cross-Sector Collaboration: “Critical to the success of ELI state teams was that the team members came from different backgrounds, with different work roles and responsibilities.” The most successful teams consisted of “...some combination of representation from state legislators, governor’s cabinet members, state school board members, superintendents, public safety officials, district-level school leaders, artists, arts advocates, higher education administrators/faculty, philanthropists, business leaders, and others.” Such collaborations increased the likelihood that team plans would be implemented.

-Systemic Change is necessary to build and sustain support for arts education. “ELI teams took a systemic approach to strengthening arts education through policy changes, legislation, state-wide coalitions, regional arts networks, school-based educational programs, and grassroots engagement.”

-Building Consensus for Sustained Commitment: “The most successful state teams had committed members who continued to work together effectively after their ELI experience, with a partner coordinating their efforts. Regularly scheduled meetings and focused objectives helped the teams sustain their commitment and reach their goals. The teams continued to engage other stakeholders within their states to leverage additional support.”

-Aligning Priorities: “ELI helped each state to position their arts initiatives within the broader movements of educational reform, economic growth, and innovation.”

The NEA strategic plan for arts education positions the arts “...as a driver for transforming students, schools, and communities. What’s key here is a continued focus on students; an acknowledgment that students, communities, and schools change when the arts are at the core; and a recognition of the increasing robustness of out-of-school time initiatives, as well as the trend of the blending of in-school and out-of-school time to better support students.”

As part of the strategic plan, the NEA is implementing strategies to achieve the following goals:

-Leverage investments for deeper impact. In addition to Direct Learning Grants for Students and Professional Development Grants, the NEA added Collective Impact Grants in 2014, to impact entire systems that serve students, including neighborhoods, schools, school districts, states. “All projects must embrace the guiding principles of cross-sector partnerships, data, planning, programming, and evaluation. The agency anticipates making multi-year investments in collective impact projects.”

-Drive a national arts education data and research agenda: NEA grants will help local schools, school districts, and communities determine the status of arts education and the NEA is now a member of the National Forum on Education Statistics.

-Collaborate with national, state, and local leaders for collective impact: The NEA recognizes the need to partner with national and state leaders in arts education, and also engage new partners outside of the arts education field “in order to develop and implement a defined national coordinated strategy for arts education.” The NEA in 2013 joined Grantmakers for Education to help align arts education grantmaking efforts with national education funders.

-Provide leadership for the field of arts education: “The NEA will become a clearinghouse and central point of information on what is working in the field in terms of collective impact.” The NEA will share with the field new trends and information about projects on its website, in webinar series, in e-newsletters, and in arts education reports. The NEA will also continue to provide leadership through the Arts Education Partnership, the State Education Agency Directors of Arts Education, and the National Assembly of State Arts Agencies.

See “Education Leaders Institute Alumni Summit Report”, National Endowment for the Arts, April 2014 at
http://arts.gov/publications/education-leaders-institute-alumni-summit-report

2) No Better Time to Study the Arts: An article in the North Bay Nipissing News, Ontario, Canada, explains why students who study the arts are better prepared for the new jobs in this creative economy. Some of new high-demand jobs, including application design, video production, graphic design, etc., were not even available ten years ago. Jobs in the fields of arts and culture increased 30 percent in Canada during the 1990s as a result of new technology, which is transforming art-making.

According to the article, students need creativity, innovation, collaboration, and communication skills learned through the study of the arts to be successful in the rapidly changing economy. Schools are not prepared to meet the new demand for a creative and innovative workforce, but some are trying to meet the demand by merging technology and the arts.

See “Arts Education A “Secret Weapon” To Career Futures” by Laurel J. Campbell, North Bay Nipissing News, April 25, 2014 at
http://www.northbaynipissing.com/news-story/4485250-arts-education-a-secret-weapon-to-career-futures/.

 

 

From: Ann Brennan 

FYI: Important update - the next few weeks will be active ones, as many major education bills will be considered and approved before the General Assembly recesses for summer.

Ohio News

130th Ohio General Assembly: The Ohio House and Senate will hold hearings and sessions this week.

The Senate Finance Committee, chaired by Senator Oelslager, will meet on May 13, 2014 at 10:00 AM and May 14, 2014 at 9:30 AM in the Senate Finance Hearing Room. The committee will receive testimony on seven bills, including three Mid Biennial Review (MBR) bills that affect education policies. Those bills are:  

• HB486 (Baker/Stebelton) MBR-Workforce and Economic Development Programs  
• HB483 (Amstutz) MBR-Operation of State Programs  
• HB484 (Rosenberger/Brown) MBR-Higher Education 

The committee is also receiving testimony on HB492 (Scherer) MBR-Taxation and HB85 (Terhar/Gonzales) Homestead Exemption. 

The Senate Education Committee, chaired by Senator Lehner, will meet on May 13, 2014 at 1:30 PM in the South Hearing Room and on May 14, 2014 at 2:30 PM in room 110. The committee will receive testimony on HB487 (Brenner) MBR K-12 Education Programs.

The House Education Committee, chaired by Representative Stebelton, will meet on May 14, 2014 at 9:00 AM in hearing Room 313. The committee will receive testimony on the following bills: 

• HB437 (Hagen/Ramos) Child Sexual Abuse Prevention Instruction  
• HB449 (Gonzales) Higher Education-Residency Status  
• HB460 (Brenner/Driehaus) School Restructuring 
• SB229 (Gardner) Teacher Performance Evaluations 

May 6, 2014 Primary Election Results: Last week Ohio voters selected candidates for the November 2014 Election, approved State Issue 1, the State Capital Improvement Program, and voted on hundreds of local issues, including tax issues for schools. 

The Ohio School Boards Association reported last week that 69 percent of school tax issues were approved by voters on May 6, 2014, which is an increase of nine percent compared to May 2013. There were a total of 148 school tax issues on the ballot this year, including emergency levies, operating levies, permanent improvement levies, bond issues, income tax levies, etc.

See OSBA Levy Results Data Base.

More Ohio News

Ohio Presidential Scholars Named: U.S. Secretary of Education Arne Duncan announced on May 5, 2014 the members of the 50th class of U.S. Presidential Scholars. Simon S. Horn, Bexley High School, and Lindsay, J. Myers, Princeton High School, were selected as Presidential Scholars from Ohio. They are among 141 students from across the country who have been recognized for their accomplishments in academics and the arts. Candidates are nominated by the chief state school officer of a state, or, in the case of the arts, the National YoungArts Foundation's nationwide YoungArts competition. The 2014 Presidential Scholars awards ceremony will be held June 22, 2014 when each honoree will receive a Presidential Scholar Medallion.

More information is available.  

OEA Votes to Delay High-Stakes Decisions: Catherine Candisky reports for the Columbus Dispatch that the Ohio Education Association's Spring Representative Assembly voted on May 9, 2014 to urge Ohio lawmakers to delay for three years making high-stakes decisions tied to the new state standardized assessments aligned to the Common Core State Standards. This would include decisions about students (third grade reading), teacher evaluations, and district/school ratings.

See "Teachers Union Wants Testing Delay" by Catherine Candisky, Columbus Dispatch, May 10, 2014.

More on "Thorough and Efficient": In a May 10, 2014 letter to the Columbus Dispatch, Nick Pittner, lead attorney for the plaintiffs in the DeRolph school funding lawsuits, challenges the proposal to remove from the Ohio Constitution the "thorough and efficient" standard for Ohio's education system and the assertion that the courts have no role to play in determining the constitutionality of laws. The proposal was offered by Chad Readler, the chair of the Education, Public Institutions & Miscellaneous and Local Government, at the April meeting of the Ohio Constitutional Modernization Commission. Mr. Pittner's letter responds to an editorial by the Columbus Dispatch (April 20, 2014) that agrees with Mr. Readler's view that the Ohio Supreme Court stepped "outside its constitutional bounds" when issuing the DeRolph decisions.

Mr. Pittner writes that the very role of the courts is to "... declare laws unconstitutional when necessary and appropriate." He goes on to say, "It has been the province of the courts to rule on the constitutionality of legislation since the 1803 U.S. Supreme Court decision in Marbury vs. Madison."

He explains, however, that after the Ohio Supreme Court directed the legislature to fix the school funding system, there was a constitutional crisis: "The court directed change, the legislature refused. Ultimately, the Supreme Court blinked and Ohio's public-school pupils have yet to realize their constitutional promise of a "thorough and efficient" system of public education."

The failure of the legislature to follow the directive of the court is not a reason to remove the "thorough and efficient" standard in the constitution. He writes, "The problem is not solved by changing the constitution to delete the "thorough and efficient" language. With no measure of accountability, the right to any level of public education for children in Ohio would disappear. Public education would exist, if at all, at the whim of the legislature."

States recognize the obligation to provide educational opportunities for children to ensure the social, economic, and political well-being of the state. Mr. Pittner concludes by writing, "For Ohio to abandon its constitutional standard and immunize the legislature from judicial scrutiny would certainly jeopardize the future, not only for Ohio's schoolchildren, but for all of us."

See "Thorough and Efficient is Necessary for Accountability" by Nick Pittner, Columbus Dispatch, "Letters to the Editor", May 10, 2014.

See "Revisiting DeRolph", Columbus Dispatch Editorial, May 20, 2014.

Second Look at the Common Core: Ohio House Speaker William G. Batchelder recently told Darrel Rowland from the Columbus Dispatch that he was surprised by the controversy over the Common Core State Standards and its impact on the May primary election in Ohio. Mr. Rowland writes on May 11, 2014 that Ohio Republicans are going to take a second look at the CCSS, and have "...commissioned a poll to see how many Ohioans have a problem with the Common Core."

See "Capitol Insider: GOP to Give Common Core a Second Look", by Darrel Rowland, Columbus Dispatch, May 11, 2014.

National News

U.S. House Approves Charter School Act: The U.S. House of Representatives approved the Success and Opportunity through Quality Charter Schools Act (H.R. 10) on May 9, 2014 with bipartisan support (360 to 45). The bill reauthorizes provisions in the Elementary and Secondary Education Act regarding charter schools, and was introduced by House Education and Workforce Committee Chairman John Kline and Senior Democratic Member George Miller. The bill supports expanding successful charter schools by combining two charter school programs to allow federal funds to be used to start new charter schools, or expand existing charter schools. The bill also addresses facilities for charter schools, increases federal funds for charter schools from $250 million to $300 million, encourages charter schools to enroll and retain students with special needs and English Language Learners, allows charter schools to give special preference to certain types of students in the admissions process, and more.

The House charter school bill was opposed for various reasons by the American Association of School Administrators, the National School Boards Association, and Parents Across America, but these organizations all agree that the bill lacks tighter reporting and accountability requirements for charter schools. The American Federation of Teachers and the National Education Association supported amendments to add more accountability requirements for charter schools, but the amendments were not included in the bill as passed by the House.

The bill now moves to the U.S. Senate, where a bipartisan group of Senators, including Senators Mary Landrieu (D), Mark Kirk (R), and Lamar Alexander, introduced their own charter school bill, The Expanding Opportunity Through Quality Charter Schools Act. The U.S. House approved a similar charter school bill in 2011, but the Senate failed to take action on it.

More information is available. 
Visit TheHill.com for additional information. 

House Approves the Strengthening Research Act: The U.S. House passed the Strengthening Education Through Research (H.R. 4366) Act on May 8, 2014. The legislation reauthorizes the Education Sciences Reform Act "to improve the federal research structure" and was approved with bipartisan support. The bill streamlines the federal education research system, requires regular evaluations of research and education programs, strengthens privacy provisions to ensure that personally identifiable information is secure and protected, and maintains the autonomy of the Institutes for Education Sciences, the National Assessment Governing board, and the National Assessment of Educational Progress.

More information is available. 

Florida Court Issues Decision on VAM: U.S. District Court Judge Mark Walker dismissed a lawsuit on May 6, 2014 entitled Cook v. Stewart, filed by the Florida Education Association in February 2013. The lawsuit challenged the constitutionality of teacher evaluation systems adopted by the school boards of Alachua, Escambia, and Hernando counties, and approved by the Florida State Board of Education and Florida Department of Education. The lawsuit was filed in the U.S. District Court Northern District of Florida Gainesville Division.

Judge Mark Walker found that although the Florida teacher evaluation policies might seem "unfair", there is a rational basis for the State to establish a teacher evaluation system.

He writes in the Court's Order, "The unfairness of the evaluation system as implemented is not lost on this Court."

"To make matters worse, the legislature has mandated that teacher ratings be used to make important employment decisions such as pay, promotion, assignment, and retention.9 Ratings affect a teacher's professional reputation as well because they are made public-they have even been printed in the newspaper. Needless to say, this Court would be hard-pressed to find anyone who would find this evaluation system fair to non-FCAT teachers, let alone be willing to submit to a similar evaluation system."

"This case, however, is not about the fairness of the evaluation system. The standard of review is not whether the evaluation policies are good or bad, wise or unwise; but whether the evaluation policies are rational within the meaning of the law. The legal standard for invalidating legislative acts on substantive due process and equal protection grounds looks only to whether there is a conceivable rational basis to support them. For reasons that have been explained, the State Defendants could rationally conclude that the evaluation policies further the state's legitimate interest in increasing student learning growth."

More information is available. 

CTU Opposes Common Core: The Chicago Teachers Union's House of Delegates adopted a resolution on May 7, 2014 opposing the Common Core State Standards (CCSS) and the "...aligned tests as a framework for teaching and learning."

According to a CTU press release, the CTU believes that the Common Core "represents an overreach of federal power into personal privacy as well as into state educational autonomy."

The resolution states that the Common Core State Standards "...reflect the interests and priorities of corporate education reformers than the best interests and priorities of teachers and students"; have been implemented too quickly, and as a result have "produced numerous developmentally inappropriate expectations;" adversely affect students of color, impoverished students, English language learners, and students with disabilities; and emphasize inappropriate pedagogical techniques.

The resolution goes on to list complaints about the aligned assessments, which are described as not transparent, time consuming, and are politically used to justify closing schools.

The press release states that CTU will now "...lobby the Illinois Board of Education to eliminate the use of the Common Core for teaching and assessment" and work "to organize other members and affiliates to increase opposition to the law that increases the expansion of nationwide controls over educational issues."

See "Chicago Teachers Union joins growing national opposition to deeply flawed Common Core Standards", May 7, 2014. 

State Board of Education to Meet

The State Board of Education, Debe Terhar President, will meet on May 12 & 13, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH.

This month the State Board will conduct a Chapter 119 Hearing for proposed Ohio Administrative Code Rules

• 3301-21-05 to -07 Colleges and Universities Preparing Teachers-3301-24-07 Provisional License Renewal
• 3301-37-01 to -12 Child Day Care Licensing
• 3301-102-11 to 12 Academic Gains, Overall Designations

The Accountability Committee, chaired by Tom Gunlock, will receive an update about the work of the Gifted Indicator Work Group and discuss weighting report card components.

The Achievement Committee, chaired by C. Todd Jones, will consider a resolution to adopt the model curricula in the Fine Arts and World Languages, and receive an update about the K-3 Standards, plans for summer professional learning opportunities, and the Race to the Top Grant.

The Urban and Rural Renewal Committee, chaired by Dr. Smith, will receive a presentation from the Quaglia Institute for Student Aspirations and discuss the Anti-Virus Youth Program.

The Capacity Committee, chaired by Tom Gunlock, will discuss score-setting recommendations for the Ohio Assessments for Educators Licensure Exams in the areas of Agriscience and Health and OAC Chapter 3301-103, Autism Scholarship Program, and review candidate performance on the Ohio Assessments for Educators Licensure Exams

The Operating Standards Committee, chaired by Ron Rudduck, will consider for approval revised Ohio Administrative Code Rule 3301-35-05 Staff Focus and Rule 3301-35-06 Educational Program and Supports.

The Legislative and Budget Committee, chaired by Kathleen McGervey, will meet on May 13, 2014 and receive updates about the Mid Biennial Review bills regarding education, HB483 (Amstutz) General Operations, and HB487 (Brenner) K-12 education.

The voting agenda for this month includes personnel items and the following resolutions:

#14 Resolution to Rescind Rule 3301-24-10 of the Administrative Code entitled Alternative Educator License.
#15 Resolution to Amend Rule 3301-46-01 of the Administrative Code entitled Establishing Provisions for Granting Exceptions from Statutory Provisions and Rules as Necessary to Implement Innovative Education Pilot Programs.
#16 Resolution to Amend Rules 3301-51-01 to 3301-51-09 and Rule 3301-51-11 of the Administrative Code and to Rescind and Adopt Rule 3301-51-21 regarding the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities.
#17 Resolution of Appointment to the Educator Standards Board
#18 Resolution to Approve the Recommendation of the Hearing Officer and to Dismiss the Parent's Appeal Pursuant to R.C. 3356.05 Regarding a Dispute with the West Liberty-Salem School District about Credits Granted for a Post-Secondary Options Course.
#19 Resolution Celebrating the 60th Anniversary of the Decision in Brown v. Board of Education.

More information is available. 

NAEP 12th Grade Assessment Released

The National Assessment of Educational Progress Governing Board (NAEP) released on May 2, 2014 the results of an analysis of twelfth-grade achievement in reading and math entitled, The Nation's Report Card: 2013 Mathematics and Reading, Grade 12. Twelfth grade students in 13 states participated in the assessment, which is voluntary, unlike the 4th and 8th grade assessments, which are mandated by the No Child Left Behind Act. The NAEP results of the 4th and 8th grades assessments were reported last November.

According to an NAEP press release, the achievement levels of 12th grade students in math and reading has not changed since 2009, but the math scores dropped for English language learners (ELL). Student achievement is reported as average scale scores and three achievement levels: Basic, Proficient and Advanced. Basic denotes partial mastery of the knowledge and skills needed for grade-appropriate work; Proficient denotes solid academic performance; and Advanced represents superior work. The following are some of the reported results: 

• 26 percent of students overall scored at or above the proficient level in math in 2013. The following are the percents of students by selected groups that scored at or above proficient in math: 47 percent of Asian Pacific Islanders; 33 percent of White students; 12 percent of Hispanic students; and 7 percent of Black students.
• 38 percent of students overall scored at or above the proficient level in reading. The following are the percents of students by selected groups that scored at or above proficient in reading: 47 percent of Asian Pacific Islanders; 47 percent of White students; 23 percent of Hispanic students; and 16 percent of Black students. 
• Of the participating states, four states, Idaho, Arkansas, West Virginia, and Connecticut, had higher scores in math in 2013 compared to 2009, and two states, Arkansas and Connecticut, had higher scores in reading in 2013 compared to 2009. There was no change in scores between 2009-2013 in the other participating states, South Dakota, Iowa, Illinois, Florida, New Jersey, Massachusetts, and New Hampshire. Two participating states in 2013, Michigan and Tennessee, did not participate in the 12th grade NAEP assessment in 2009. 

The report also includes some additional information about the 12th grade students who participated in NAEP: 

• Average mathematics scores were highest for students who had taken calculus, and lowest for students who had not taken a mathematics course higher than algebra I.
• Mathematics scores were higher for students who reported that mathematics was their favorite subject, believed mathematics would help them in the future or thought that their mathematics course was often engaging and interesting.
• Students who strongly agreed that they learn a lot from books and find reading enjoyable had average reading scores at or above the Proficient level.
• When asked if they discussed what they read, students who reported discussing their reading every day or almost every day had higher reading scores.

Additional information is available. 

Three Reports About Charter Schools

Last week, May 4-10, 2014, was National Charter School Week. The National Alliance for Public Charter Schools reports that there are "nearly 6,500 schools and more than 2.5 million students" attending charter schools in the U.S. The U.S. House also approved last week the The Success and Opportunity through Quality Charter Schools Act, which will increase access to quality charter schools. U.S. Representative Luke Messer (R-IN), who advocated for the bill's passage, told the Huffington Post that the demand for charter schools has increased, and there are about 1 million students on charter school wait lists.

Additional information is available. 

See "Bill Expanding Access To Charter Schools Could Benefit Latinos" by Griselda Nevarez, Huffington Post Latino Voices, May 10, 2014.

The following are three reports about charter schools that have been published recently:

Charter School Wait Lists: The National Education Policy Center (NEPC) released on May 5, 2014 a policy memo entitled, "Wait, Wait. Don't Mislead Me! Nine Reasons to be Skeptical about Charter Waitlist Numbers" by Kevin G. Welner, University of Colorado Boulder, and Gary Miron, Western Michigan University.

The memo explains that in 2013 the National Alliance for Public Charter Schools (NAPCS) reported that there were 920,007 students on charter school wait lists, but, upon questioning from the public and the media, had to lower its wait list estimation to 520,000.

In this policy memo the authors investigate the "usefulness" of the wait list data, and offer the following reasons why policy-makers, the media, and the public should be skeptical about charter school wait list numbers:

• Students apply to multiple charter schools and district schools, and maybe the charter school was not the first school of choice.
• The wait list numbers cannot be confirmed. NAPCS uses a survey of charter schools to develop the wait list report. However, the survey numbers are based on the number of applications submitted, and are not audited.
• Charter school record-keeping is not reliable. When researchers such as Gary Miron conducted evaluations of charter schools in Illinois and Pennsylvania, he was unable to collect wait list data, because charter schools did not keep these lists current and did not take into account that the applicant might have eventually enrolled in the school.
• Many charter applications are for non-admissible grade levels, because the charter school does not offer the grade. The authors found in previous charter school studies that the students who applied for these unavailable grade were still added to a wait list for a school.
• It's likely that most charters aren't very oversubscribed. The authors cite a Mathematica Policy Research study of oversubscribed middle grade charter schools, and found only 36 out of a possible 167 very popular charter schools actually had wait lists.
• The methods and specific data that NAPCS's uses to develop the aggregated wait list has never been released to researchers. 
• The NAPCS wait list is inexplicably precise at 920,007 students, and leads to questions about its reliability.
• It is not clear what question the wait list number answers or policy it supports. The authors note that NAPCS believes that the wait list provides a reason for policy makers to expand access to charter schools. The authors explain, "But charter schools are part of a larger educational system that includes traditional public schools (TPSs). Shifting enrollment from TPSs to charters is seen as a good thing by the NAPCS, based on the apparent assumption that there's unmet demand in charters but not in TPSs. But what is the support for that assumption?" 
• In addition, traditional public schools don't have wait lists, because everyone who applies must be accepted. So the "...waitlist data are not grounded by a meaningful comparison."
• Charter wait lists can be trimmed by requiring backfilling. Student mobility creates openings in charter and traditional public schools throughout the school year. But the authors found that some charter schools do not replace students who leave with students from the wait list.

The authors conclude: "There's an interesting debate to be had about the policy import of such aggregated numbers, but we're not at that point: we simply do not have trustworthy, reliable waitlist data. Until we do, policymakers would be wise to set aside NAPCS's claims and wait for verifiable data."

Additional information is available. 

EPI Report About Privatizing Milwaukee Schools: The Economic Policy Institute (EPI) released on April 24, 2014 a report by Gordon Lafer entitled, "Do Poor Kids Deserve Lower-Quality Education Than Rich Kids? Evaluating School Privatization Proposals in Milwaukee, Wisconsin".

The report provides information regarding proposed education reforms being debated by Wisconsin lawmakers, focusing on those who are advocating to close lower performing public schools (especially in Milwaukee), and replace them with Rocketship, which is a national charter school chain.

Although the focus is on the Wisconsin Mr. Lafer draws information about the academic and financial status of charter schools from across the nation, and carries his investigation into the history of e-schools and the interests of hedge-fund investors in "blended learning", which has become a highly profitable charter school model.

Mr. Lafer reports that the advocates for expanding charter schools in Wisconsin include the Wisconsin Manufacturers and Commerce, Americans for Prosperity, and the Metropolitan Milwaukee Association of Commerce (MMAC). These organization seldom support adequate school funding for traditional public schools and effective anti-poverty policies to help families escape poverty, such as increasing the minimum wage.

The author writes that through an investigation of the performance of the Rocketship charter school chain, and its use of "blended learning" and inexperienced teachers to reduce cost, "...it appears that charter privatization proposals are driven more by financial and ideological grounds than by sound pedagogy..."

He goes on in the report to examine the success of Rocketship, the efficacy of the "blended learning" education model, and the involvement of corporate lobbies in education reform, including the American Legislative Exchange Council (ALEC) and the Koch-brothers' Americans for Prosperity, and draws the following conclusions:

• "National research shows that charter schools, on average, perform no better than public schools. There is thus no basis for believing that replacing traditional public schools in Milwaukee with privately run charters will result in improved education."
• "The "blended learning" model of education exemplified by the Rocketship chain of charter schools-often promoted by charter boosters-is predicated on paying minimal attention to anything but math and literacy, and even those subjects are taught by inexperienced teachers carrying out data-driven lesson plans relentlessly focused on test preparation. But evidence from Wisconsin, the country, and the world shows that students receive a better education from experienced teachers offering a broad curriculum that emphasizes curiosity, creativity, and critical thinking, as well as getting the right answers on standardized tests."
• "Blended-learning schools such as Rocketship are supported by investment banks, hedge funds, and venture capital firms that, in turn, aim to profit from both the construction and, especially, the digital software assigned to students. To fund the growth of such operations, money earmarked for Milwaukee students is diverted to national headquarters and other cities where the company seeks to expand. Furthermore, the very curricular model that Rocketship employs is shaped not simply by what is good for kids but also, in part, by what will generate profits for investors and fuel the company's ambitious growth plans."
• "The proposed "school accountability" bill that Wisconsin State Senate Education Committee Chair Luther Olsen drafted in January 2014-which embodies the most ambitious version of corporate-backed school reform-measures school achievement in ways that are skewed against poor cities and that exempt charter schools from equal accountability. Such a bill would likely result in shutting a growing number of public schools and concentrating the city's neediest students in a shrinking public system that is denied the resources to serve them. Eventually, this would bankrupt the public school district.
• "Some of the best options for school improvement are outlawed in Sen. Olsen's draft bill. For instance, Milwaukee's award-winning ALBA (Academia de Lenguajes y Bellas Artes) school is a publicly run charter school that outperformed every privately run charter in the city. Yet under the proposed legislation, this school would be banned from opening more campuses, while privately run schools with much worse performance would be encouraged to expand."
• "To truly improve education in Milwaukee, we must start with the assumption that poor children are no less deserving of a quality education than rich children. As such, the schools that privileged suburban parents demand for their children should be the yardstick we use to measure the adequacy of education in the city. This means subjecting all schools-whether public, charter, or voucher-to the same standards of accountability, including measurements that account for the economic and disability challenges their students face, and that recognize the value of a broad curriculum and experienced teachers who are qualified to develop the full range of each child's capacities."

See "Do Poor Kids Deserve Lower-Quality Education Than Rick Kids? Evaluating School Privatization Proposals in Milwaukee, Wisconsin" by Gordon Lafer, Economic Policy Institute Briefing Paper, April 24, 2014.

Report Focuses on Charter School Fraud: The Center for Popular Democracy and Integrity in Education released on May 6, 2014 a report entitled Charter School Vulnerabilities to Waste, Fraud & Abuse, a compilation of news reports and criminal complaints from 15 of the 42 states that have authorized charter schools. The states examined in the report are Arizona, California, Colorado, Washington, D.C., Florida, Hawai'i, Illinois, Louisiana, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Texas, and Wisconsin.

The report identifies a loss to taxpayers of $136 million as a result of the charter school industry's violations of state and federal laws. The authors explain that the title of the report, Charter School Vulnerabilities to Waste, Fraud & Abuse, actually comes from a section of a semi-annual report issued by the U.S. Department of Education Office of Inspector General (OIG) in March 2010 called Semiannual Report to Congress, No. 60, October 1, 2009 to March 31, 2010. In that report the OIG identified inadequate oversight of charter schools by state agencies, local education agencies, and the federal government, as leading to an increase in criminal activity among some charter school operators. The number one offense found was embezzlement, but charter school operators were also found tampering with student enrollment to increase revenue; tampering with student grades to avoid being closed; diverting Federal funds to vendors created by the charter school operators; and misusing school credit cards for personal expenditures. The most recent OIG report was issued in September 2013, and reported a total of 62 charter school investigations from January 2005 through September 30, 2013, with 40 indictments and 26 convictions of charter school officials.

The report issued by the Center for Popular Democracy and Integrity in Education organizes charter school violations of law into the following six categories and provides examples of each category from the 15 states.

• Charter operators using public funds illegally for personal gain
• School revenue used to illegally support other charter operator businesses
• Mismanagement that puts children in actual or potential danger
• Charter operators illegally requesting public dollars for services not provided
• Charter operators illegally inflating enrollment to boost revenues
• Charter operators mismanaging public funds and the schools

The report includes several examples of fraud, waste, and mismanagement of public funds by charter schools in Ohio. For example, The Talented Tenth Leadership Academy for Boys and Girls Charter School was recently closed by Superintendent Richard Ross, because the school failed to ensure a safe environment; failed to feed its students; and failed to accurately track students.

The report recommends that states impose a moratorium on opening new charter schools and cap charter school enrollment until the following recommendations are implemented by state legislatures:

Oversight

• Require states to establish an office dedicated to the oversight of the performance and effectiveness of charter schools and authorizers.
• Give the charter office authority and resources to investigate fraud, waste, mismanagement, and misconduct. "This includes the authority to refer findings to the district attorney with jurisdiction or to the Office of the Attorney General or to any other appropriate law enforcement agency for prosecution if the Office discovers or receives information about possible violations of law by any person affiliated with or employed by a charter authorizing entity or charter school entity.
• Provide the charter office with adequate resources, including staffing. 
• Authorize the charter office the power to put a hold on the distribution of funds to the charter authorizing entity or charter school entity.
• Authorize the office to affirm, reverse or otherwise adjust charter grants, and the authority to renew or amend decisions made by charter authorizing entities if charters entities are found to be in violation of state or federal law. The Office should also have the power to revoke the chartering authority of charter authorizers.
• Require charter schools to be independently audited on an annual basis, with publication of such audits available online at the charter school's website.

Transparency

• Amend state charter school laws to explicitly declare that charter schools are public schools, and are subject to the same non-discrimination and transparency requirements as are other publicly funded schools.
• Require that each charter school's original application and charter agreement be available to the public online, through the websites of both the individual school and the charter authorizer.
• Require charter schools to post a full list of each charter school's governing board members, officers, and administrators with affiliation and contact information on the school's website and the authorizer's website. 
• Require members of charter school governing boards, charter school administrators, charter school employees, as well as public officials to file full financial disclosure reports, as well as to report on any potential conflicts of interest, relationships with management companies or other business dealings with the school, its management company or other charter schools. These reports should be similar to, or the same as, the reporting requirements of traditional school district Board members. Make these documents available to the public online through the charter's authorizer.
• Require minutes from charter school governing board meetings, the school's policies, and information about staff to be made available on the charter school's website.
• Require charter schools to be fully compliant with state open meetings/open records laws, with compliance monitored by authorizers. Failure of the schools to release documents pertaining to governing board meetings, school policy and data, or to allow members of the public to file formal freedom of information requests to obtain these documents must be swiftly addressed and corrected by the authorizer.
• Require charter school authorizers to post on their web site school financial documents, including detailed information about the use of both public and private funds by the school and its management entities. These reports should include full disclosure of the sources of private funds, and the duration of commitments of private funds.
• Require disclosure of all vendor or service contracts over $25,000, and prohibit any vendor or service contracts to any entity in which the charter school operator or a member of the governing board has any personal interest.

Governance

• Require charter school governing boards to be elected, with representation of parents (elected by parents), teachers (elected by teachers), and in the case of high schools, students (elected by students). Non-parent/teacher/student members of the governing board should be required to be residents of the school district in which the school/s operate.
• Require charter school governing board members to live in a geography that is close in proximity to the school's physical location.
• Hold members of a charter school governing board legally liable for fraud or malfeasance occurring at the school or schools that they oversee.

See "Charter School Vulnerabilities to Waste, Fraud & Abuse," The Center for Popular Democracy and Integrity in Education on May 6, 2014.

FYI Arts

Culture Works Gathering Input About the Status of Arts and Culture: Culture Works, Martine Collier president and CEO, is sponsoring public meetings to gather information about the status of arts and culture in the Dayton community, and identify primary issues and concerns. 

The meetings will be held on June 4, 2014 at 5:30 PM at the Aullwood Audubon Center and Farm at the Charity A. Kruegar Farm Discovery Center, 9202 Frederick Pike, Dayton, OH, and on June 5, 2014 at 5:30 PM at the Springfield Museum of Art at the Center for the Arts at Wittenberg University, 107 Cliff Park Road, Springfield, OH.

Researchers from the University of Dayton and Wright State University and Marc Golding from the arts consulting firm WolfBrown will facilitate the discussion to identify the strengths and challenges facing the arts and culture sector of the community.

Culture Works is a nonprofit regional arts agency that provides a unified voice for all the cultural organizations and activities in the Dayton region, and promotes the good news about the amazing cultural vibrancy of our region to a national audience.

More information and to register for one of the meetings is available online.

CSC Announces New Education Initiative: The Cincinnati Shakespeare Company (CSC) announced on April 23, 2014 a new arts education initiative called PROJECT 38. CSC will be collaborating with 38 schools in the Cincinnati area over the next school year to produce a full production, monologue or scene, dance, musical piece, or other representation from one of Shakespeare's 38 plays. Teaching artists from CSC will work with students and faculty to develop the concept and the production. The schools will be brought together at the end of the school year to celebrate their creations with family, friends, and the community through a multi-day PROJECT 38 Festival.

According to CinStages.com, "Over the last 20 years, CSC has brought classical theatre and literature to life for over 200,000 students from 150 schools in more than 100 zip codes across three states. This close connection with students and educators has inspired them to take on this exciting new endeavor. This season, Cincinnati Shakespeare is also "completing the canon" by producing all 38 of Shakespeare's plays. The 38 plays have served as the inspiration for the title of PROJECT 38."

CSC plans to offer PROJECT 38 each school year and expand the list of participating schools. For information about how to support or get involved with PROJECT 38, please contact Jeanna Vella, Director of Education and Communications at jeanna.vella@cincyshakes.com or 513.381.2273 ext. 3202, or visit www.cincyshakes.com.

See "Cincinnati Shakespeare Company Announces their new Innovative Arts Education Initiative, PROJECT 38".

Support Music in the House Through Power2Give: Music in the House is a fun afterschool neighborhood choir program for young kids in urban neighborhoods of Columbus who want to sing, and do it with power! Music in the House kids will get to perform publicly, showing their families, friends, teachers, and lots of other people in their community what they've learned to do. Music in the House honors, respects, and celebrates all kids and their abilities, while focusing on families in higher-needs areas of Columbus that too often fall under the public radar. Donor funds will go directly to help pay for artists' fees, apprentice teaching artists/musicians' stipends, materials, sheet music, and other project costs.

There is currently a 1:1 cash match in place through the generous offer of PNC Bank, so every dollar you donate will be doubled! Please click on the power2give link below, and donate what you can to this project now, so kids who want to sing and learn music will have the chance to do it well! Thank you!  

Music in the House! Kids' Choir's Link

Music in the House is a partnership of the Ohio Alliance for Arts Education (OAAE), Columbus Children's Choir, and TRANSIT ARTS, a program of Central Community House. Students receive professional choir instruction after school, in settlement houses located right in the neighborhoods where they and their families live."

WHAT IS POWER2GIVE.ORG? 

•  power2give.org is an online cultural marketplace designed to connect donors and projects. Hosted by the Greater Columbus Arts Council, serving Franklin County
• power2give.org allows non-profit organizations to post and promote arts and culture projects in need of funding and invites donors to contribute directly to projects that are intriguing to them.  
• Power2give.org is devoted to supporting non-profit organizations and encouraging people to help the organizations they love turn their needs into a reality.

Click here to learn more about Music in the House and to Donate online.

Ohio Presidential Scholars Named: U.S. Secretary of Education Arne Duncan announced on May 5, 2014 the members of the 50th class of U.S. Presidential Scholars. Simon S. Horn, Bexley High School, and Lindsay, J. Myers, Princeton High School, were selected as Presidential Scholars from Ohio. They are among 141 students from across the country who have been recognized for their accomplishments in academics and the arts. Candidates are nominated by the chief state school officer of a state, or, in the case of the arts, the National YoungArts Foundation's nationwide YoungArts competition. The 2014 Presidential Scholars awards ceremony will be held June 22, 2014 when each honoree will receive a Presidential Scholar Medallion.

More information is available.  

OEA Votes to Delay High-Stakes Decisions: Catherine Candisky reports for the Columbus Dispatch that the Ohio Education Association's Spring Representative Assembly voted on May 9, 2014 to urge Ohio lawmakers to delay for three years making high-stakes decisions tied to the new state standardized assessments aligned to the Common Core State Standards. This would include decisions about students (third grade reading), teacher evaluations, and district/school ratings.

See "Teachers Union Wants Testing Delay" by Catherine Candisky, Columbus Dispatch, May 10, 2014.

More on "Thorough and Efficient": In a May 10, 2014 letter to the Columbus Dispatch, Nick Pittner, lead attorney for the plaintiffs in the DeRolph school funding lawsuits, challenges the proposal to remove from the Ohio Constitution the "thorough and efficient" standard for Ohio's education system and the assertion that the courts have no role to play in determining the constitutionality of laws. The proposal was offered by Chad Readler, the chair of the Education, Public Institutions & Miscellaneous and Local Government, at the April meeting of the Ohio Constitutional Modernization Commission. Mr. Pittner's letter responds to an editorial by the Columbus Dispatch (April 20, 2014) that agrees with Mr. Readler's view that the Ohio Supreme Court stepped "outside its constitutional bounds" when issuing the DeRolph decisions.

Mr. Pittner writes that the very role of the courts is to "... declare laws unconstitutional when necessary and appropriate." He goes on to say, "It has been the province of the courts to rule on the constitutionality of legislation since the 1803 U.S. Supreme Court decision in Marbury vs. Madison."

He explains, however, that after the Ohio Supreme Court directed the legislature to fix the school funding system, there was a constitutional crisis: "The court directed change, the legislature refused. Ultimately, the Supreme Court blinked and Ohio's public-school pupils have yet to realize their constitutional promise of a "thorough and efficient" system of public education."

The failure of the legislature to follow the directive of the court is not a reason to remove the "thorough and efficient" standard in the constitution. He writes, "The problem is not solved by changing the constitution to delete the "thorough and efficient" language. With no measure of accountability, the right to any level of public education for children in Ohio would disappear. Public education would exist, if at all, at the whim of the legislature."

States recognize the obligation to provide educational opportunities for children to ensure the social, economic, and political well-being of the state. Mr. Pittner concludes by writing, "For Ohio to abandon its constitutional standard and immunize the legislature from judicial scrutiny would certainly jeopardize the future, not only for Ohio's schoolchildren, but for all of us."

See "Thorough and Efficient is Necessary for Accountability" by Nick Pittner, Columbus Dispatch, "Letters to the Editor", May 10, 2014.

See "Revisiting DeRolph", Columbus Dispatch Editorial, May 20, 2014.

Second Look at the Common Core: Ohio House Speaker William G. Batchelder recently told Darrel Rowland from the Columbus Dispatch that he was surprised by the controversy over the Common Core State Standards and its impact on the May primary election in Ohio. Mr. Rowland writes on May 11, 2014 that Ohio Republicans are going to take a second look at the CCSS, and have "...commissioned a poll to see how many Ohioans have a problem with the Common Core."

See "Capitol Insider: GOP to Give Common Core a Second Look", by Darrel Rowland, Columbus Dispatch, May 11, 2014.

National News

U.S. House Approves Charter School Act: The U.S. House of Representatives approved the Success and Opportunity through Quality Charter Schools Act (H.R. 10) on May 9, 2014 with bipartisan support (360 to 45). The bill reauthorizes provisions in the Elementary and Secondary Education Act regarding charter schools, and was introduced by House Education and Workforce Committee Chairman John Kline and Senior Democratic Member George Miller. The bill supports expanding successful charter schools by combining two charter school programs to allow federal funds to be used to start new charter schools, or expand existing charter schools. The bill also addresses facilities for charter schools, increases federal funds for charter schools from $250 million to $300 million, encourages charter schools to enroll and retain students with special needs and English Language Learners, allows charter schools to give special preference to certain types of students in the admissions process, and more.

The House charter school bill was opposed for various reasons by the American Association of School Administrators, the National School Boards Association, and Parents Across America, but these organizations all agree that the bill lacks tighter reporting and accountability requirements for charter schools. The American Federation of Teachers and the National Education Association supported amendments to add more accountability requirements for charter schools, but the amendments were not included in the bill as passed by the House.

The bill now moves to the U.S. Senate, where a bipartisan group of Senators, including Senators Mary Landrieu (D), Mark Kirk (R), and Lamar Alexander, introduced their own charter school bill, The Expanding Opportunity Through Quality Charter Schools Act. The U.S. House approved a similar charter school bill in 2011, but the Senate failed to take action on it.

More information is available. 
Visit TheHill.com for additional information. 

House Approves the Strengthening Research Act: The U.S. House passed the Strengthening Education Through Research (H.R. 4366) Act on May 8, 2014. The legislation reauthorizes the Education Sciences Reform Act "to improve the federal research structure" and was approved with bipartisan support. The bill streamlines the federal education research system, requires regular evaluations of research and education programs, strengthens privacy provisions to ensure that personally identifiable information is secure and protected, and maintains the autonomy of the Institutes for Education Sciences, the National Assessment Governing board, and the National Assessment of Educational Progress.

More information is available. 

Florida Court Issues Decision on VAM: U.S. District Court Judge Mark Walker dismissed a lawsuit on May 6, 2014 entitled Cook v. Stewart, filed by the Florida Education Association in February 2013. The lawsuit challenged the constitutionality of teacher evaluation systems adopted by the school boards of Alachua, Escambia, and Hernando counties, and approved by the Florida State Board of Education and Florida Department of Education. The lawsuit was filed in the U.S. District Court Northern District of Florida Gainesville Division.

Judge Mark Walker found that although the Florida teacher evaluation policies might seem "unfair", there is a rational basis for the State to establish a teacher evaluation system.

He writes in the Court's Order, "The unfairness of the evaluation system as implemented is not lost on this Court."

"To make matters worse, the legislature has mandated that teacher ratings be used to make important employment decisions such as pay, promotion, assignment, and retention.9 Ratings affect a teacher's professional reputation as well because they are made public-they have even been printed in the newspaper. Needless to say, this Court would be hard-pressed to find anyone who would find this evaluation system fair to non-FCAT teachers, let alone be willing to submit to a similar evaluation system."

"This case, however, is not about the fairness of the evaluation system. The standard of review is not whether the evaluation policies are good or bad, wise or unwise; but whether the evaluation policies are rational within the meaning of the law. The legal standard for invalidating legislative acts on substantive due process and equal protection grounds looks only to whether there is a conceivable rational basis to support them. For reasons that have been explained, the State Defendants could rationally conclude that the evaluation policies further the state's legitimate interest in increasing student learning growth."

More information is available. 

CTU Opposes Common Core: The Chicago Teachers Union's House of Delegates adopted a resolution on May 7, 2014 opposing the Common Core State Standards (CCSS) and the "...aligned tests as a framework for teaching and learning."

According to a CTU press release, the CTU believes that the Common Core "represents an overreach of federal power into personal privacy as well as into state educational autonomy."

The resolution states that the Common Core State Standards "...reflect the interests and priorities of corporate education reformers than the best interests and priorities of teachers and students"; have been implemented too quickly, and as a result have "produced numerous developmentally inappropriate expectations;" adversely affect students of color, impoverished students, English language learners, and students with disabilities; and emphasize inappropriate pedagogical techniques.

The resolution goes on to list complaints about the aligned assessments, which are described as not transparent, time consuming, and are politically used to justify closing schools.

The press release states that CTU will now "...lobby the Illinois Board of Education to eliminate the use of the Common Core for teaching and assessment" and work "to organize other members and affiliates to increase opposition to the law that increases the expansion of nationwide controls over educational issues."

See "Chicago Teachers Union joins growing national opposition to deeply flawed Common Core Standards", May 7, 2014. 

State Board of Education to Meet

The State Board of Education, Debe Terhar President, will meet on May 12 & 13, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH. This month the State Board will conduct a Chapter 119 Hearing for proposed Ohio Administrative Code Rules 3301-21-05 to -07 Colleges and Universities Preparing Teachers-3301-24-07 Provisional License Renewal 3301-37-01 to -12 Child Day Care Licensing 3301-102-11 to 12 Academic Gains, Overall Designations The Accountability Committee, chaired by Tom Gunlock, will receive an update about the work of the Gifted Indicator Work Group and discuss weighting report card components. The Achievement Committee, chaired by C. Todd Jones, will consider a resolution to adopt the model curricula in the Fine Arts and World Languages, and receive an update about the K-3 Standards, plans for summer professional learning opportunities, and the Race to the Top Grant. The Urban and Rural Renewal Committee, chaired by Dr. Smith, will receive a presentation from the Quaglia Institute for Student Aspirations and discuss the Anti-Virus Youth Program. The Capacity Committee, chaired by Tom Gunlock, will discuss score-setting recommendations for the Ohio Assessments for Educators Licensure Exams in the areas of Agriscience and Health and OAC Chapter 3301-103, Autism Scholarship Program, and review candidate performance on the Ohio Assessments for Educators Licensure Exams The Operating Standards Committee, chaired by Ron Rudduck, will consider for approval revised Ohio Administrative Code Rule 3301-35-05 Staff Focus and Rule 3301-35-06 Educational Program and Supports. The Legislative and Budget Committee, chaired by Kathleen McGervey, will meet on May 13, 2014 and receive updates about the Mid Biennial Review bills regarding education, HB483 (Amstutz) General Operations, and HB487 (Brenner) K-12 education. The voting agenda for this month includes personnel items and the following resolutions: #14 Resolution to Rescind Rule 3301-24-10 of the Administrative Code entitled Alternative Educator License. #15 Resolution to Amend Rule 3301-46-01 of the Administrative Code entitled Establishing Provisions for Granting Exceptions from Statutory Provisions and Rules as Necessary to Implement Innovative Education Pilot Programs. #16 Resolution to Amend Rules 3301-51-01 to 3301-51-09 and Rule 3301-51-11 of the Administrative Code and to Rescind and Adopt Rule 3301-51-21 regarding the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities. #17 Resolution of Appointment to the Educator Standards Board #18 Resolution to Approve the Recommendation of the Hearing Officer and to Dismiss the Parent's Appeal Pursuant to R.C. 3356.05 Regarding a Dispute with the West Liberty-Salem School District about Credits Granted for a Post-Secondary Options Course. #19 Resolution Celebrating the 60th Anniversary of the Decision in Brown v. Board of Education. More information is available.  NAEP 12th Grade Assessment Released The National Assessment of Educational Progress Governing Board (NAEP) released on May 2, 2014 the results of an analysis of twelfth-grade achievement in reading and math entitled, The Nation's Report Card: 2013 Mathematics and Reading, Grade 12. Twelfth grade students in 13 states participated in the assessment, which is voluntary, unlike the 4th and 8th grade assessments, which are mandated by the No Child Left Behind Act. The NAEP results of the 4th and 8th grades assessments were reported last November. According to an NAEP press release, the achievement levels of 12th grade students in math and reading has not changed since 2009, but the math scores dropped for English language learners (ELL). Student achievement is reported as average scale scores and three achievement levels: Basic, Proficient and Advanced. Basic denotes partial mastery of the knowledge and skills needed for grade-appropriate work; Proficient denotes solid academic performance; and Advanced represents superior work. The following are some of the reported results:  26 percent of students overall scored at or above the proficient level in math in 2013. The following are the percents of students by selected groups that scored at or above proficient in math: 47 percent of Asian Pacific Islanders; 33 percent of White students; 12 percent of Hispanic students; and 7 percent of Black students. 38 percent of students overall scored at or above the proficient level in reading. The following are the percents of students by selected groups that scored at or above proficient in reading: 47 percent of Asian Pacific Islanders; 47 percent of White students; 23 percent of Hispanic students; and 16 percent of Black students.  Of the participating states, four states, Idaho, Arkansas, West Virginia, and Connecticut, had higher scores in math in 2013 compared to 2009, and two states, Arkansas and Connecticut, had higher scores in reading in 2013 compared to 2009. There was no change in scores between 2009-2013 in the other participating states, South Dakota, Iowa, Illinois, Florida, New Jersey, Massachusetts, and New Hampshire. Two participating states in 2013, Michigan and Tennessee, did not participate in the 12th grade NAEP assessment in 2009.  The report also includes some additional information about the 12th grade students who participated in NAEP:  Average mathematics scores were highest for students who had taken calculus, and lowest for students who had not taken a mathematics course higher than algebra I. Mathematics scores were higher for students who reported that mathematics was their favorite subject, believed mathematics would help them in the future or thought that their mathematics course was often engaging and interesting. Students who strongly agreed that they learn a lot from books and find reading enjoyable had average reading scores at or above the Proficient level. When asked if they discussed what they read, students who reported discussing their reading every day or almost every day had higher reading scores. Additional information is available.  Three Reports About Charter Schools Last week, May 4-10, 2014, was National Charter School Week. The National Alliance for Public Charter Schools reports that there are "nearly 6,500 schools and more than 2.5 million students" attending charter schools in the U.S. The U.S. House also approved last week the The Success and Opportunity through Quality Charter Schools Act, which will increase access to quality charter schools. U.S. Representative Luke Messer (R-IN), who advocated for the bill's passage, told the Huffington Post that the demand for charter schools has increased, and there are about 1 million students on charter school wait lists. Additional information is available.  See "Bill Expanding Access To Charter Schools Could Benefit Latinos" by Griselda Nevarez, Huffington Post Latino Voices, May 10, 2014. The following are three reports about charter schools that have been published recently: Charter School Wait Lists: The National Education Policy Center (NEPC) released on May 5, 2014 a policy memo entitled, "Wait, Wait. Don't Mislead Me! Nine Reasons to be Skeptical about Charter Waitlist Numbers" by Kevin G. Welner, University of Colorado Boulder, and Gary Miron, Western Michigan University. The memo explains that in 2013 the National Alliance for Public Charter Schools (NAPCS) reported that there were 920,007 students on charter school wait lists, but, upon questioning from the public and the media, had to lower its wait list estimation to 520,000. In this policy memo the authors investigate the "usefulness" of the wait list data, and offer the following reasons why policy-makers, the media, and the public should be skeptical about charter school wait list numbers: Students apply to multiple charter schools and district schools, and maybe the charter school was not the first school of choice. The wait list numbers cannot be confirmed. NAPCS uses a survey of charter schools to develop the wait list report. However, the survey numbers are based on the number of applications submitted, and are not audited. Charter school record-keeping is not reliable. When researchers such as Gary Miron conducted evaluations of charter schools in Illinois and Pennsylvania, he was unable to collect wait list data, because charter schools did not keep these lists current and did not take into account that the applicant might have eventually enrolled in the school. Many charter applications are for non-admissible grade levels, because the charter school does not offer the grade. The authors found in previous charter school studies that the students who applied for these unavailable grade were still added to a wait list for a school. It's likely that most charters aren't very oversubscribed. The authors cite a Mathematica Policy Research study of oversubscribed middle grade charter schools, and found only 36 out of a possible 167 very popular charter schools actually had wait lists. The methods and specific data that NAPCS's uses to develop the aggregated wait list has never been released to researchers.  The NAPCS wait list is inexplicably precise at 920,007 students, and leads to questions about its reliability. It is not clear what question the wait list number answers or policy it supports. The authors note that NAPCS believes that the wait list provides a reason for policy makers to expand access to charter schools. The authors explain, "But charter schools are part of a larger educational system that includes traditional public schools (TPSs). Shifting enrollment from TPSs to charters is seen as a good thing by the NAPCS, based on the apparent assumption that there's unmet demand in charters but not in TPSs. But what is the support for that assumption?"  In addition, traditional public schools don't have wait lists, because everyone who applies must be accepted. So the "...waitlist data are not grounded by a meaningful comparison." Charter wait lists can be trimmed by requiring backfilling. Student mobility creates openings in charter and traditional public schools throughout the school year. But the authors found that some charter schools do not replace students who leave with students from the wait list. The authors conclude: "There's an interesting debate to be had about the policy import of such aggregated numbers, but we're not at that point: we simply do not have trustworthy, reliable waitlist data. Until we do, policymakers would be wise to set aside NAPCS's claims and wait for verifiable data." Additional information is available.  EPI Report About Privatizing Milwaukee Schools: The Economic Policy Institute (EPI) released on April 24, 2014 a report by Gordon Lafer entitled, "Do Poor Kids Deserve Lower-Quality Education Than Rich Kids? Evaluating School Privatization Proposals in Milwaukee, Wisconsin". The report provides information regarding proposed education reforms being debated by Wisconsin lawmakers, focusing on those who are advocating to close lower performing public schools (especially in Milwaukee), and replace them with Rocketship, which is a national charter school chain. Although the focus is on the Wisconsin Mr. Lafer draws information about the academic and financial status of charter schools from across the nation, and carries his investigation into the history of e-schools and the interests of hedge-fund investors in "blended learning", which has become a highly profitable charter school model. Mr. Lafer reports that the advocates for expanding charter schools in Wisconsin include the Wisconsin Manufacturers and Commerce, Americans for Prosperity, and the Metropolitan Milwaukee Association of Commerce (MMAC). These organization seldom support adequate school funding for traditional public schools and effective anti-poverty policies to help families escape poverty, such as increasing the minimum wage. The author writes that through an investigation of the performance of the Rocketship charter school chain, and its use of "blended learning" and inexperienced teachers to reduce cost, "...it appears that charter privatization proposals are driven more by financial and ideological grounds than by sound pedagogy..." He goes on in the report to examine the success of Rocketship, the efficacy of the "blended learning" education model, and the involvement of corporate lobbies in education reform, including the American Legislative Exchange Council (ALEC) and the Koch-brothers' Americans for Prosperity, and draws the following conclusions: "National research shows that charter schools, on average, perform no better than public schools. There is thus no basis for believing that replacing traditional public schools in Milwaukee with privately run charters will result in improved education." "The "blended learning" model of education exemplified by the Rocketship chain of charter schools-often promoted by charter boosters-is predicated on paying minimal attention to anything but math and literacy, and even those subjects are taught by inexperienced teachers carrying out data-driven lesson plans relentlessly focused on test preparation. But evidence from Wisconsin, the country, and the world shows that students receive a better education from experienced teachers offering a broad curriculum that emphasizes curiosity, creativity, and critical thinking, as well as getting the right answers on standardized tests." "Blended-learning schools such as Rocketship are supported by investment banks, hedge funds, and venture capital firms that, in turn, aim to profit from both the construction and, especially, the digital software assigned to students. To fund the growth of such operations, money earmarked for Milwaukee students is diverted to national headquarters and other cities where the company seeks to expand. Furthermore, the very curricular model that Rocketship employs is shaped not simply by what is good for kids but also, in part, by what will generate profits for investors and fuel the company's ambitious growth plans." "The proposed "school accountability" bill that Wisconsin State Senate Education Committee Chair Luther Olsen drafted in January 2014-which embodies the most ambitious version of corporate-backed school reform-measures school achievement in ways that are skewed against poor cities and that exempt charter schools from equal accountability. Such a bill would likely result in shutting a growing number of public schools and concentrating the city's neediest students in a shrinking public system that is denied the resources to serve them. Eventually, this would bankrupt the public school district. "Some of the best options for school improvement are outlawed in Sen. Olsen's draft bill. For instance, Milwaukee's award-winning ALBA (Academia de Lenguajes y Bellas Artes) school is a publicly run charter school that outperformed every privately run charter in the city. Yet under the proposed legislation, this school would be banned from opening more campuses, while privately run schools with much worse performance would be encouraged to expand." "To truly improve education in Milwaukee, we must start with the assumption that poor children are no less deserving of a quality education than rich children. As such, the schools that privileged suburban parents demand for their children should be the yardstick we use to measure the adequacy of education in the city. This means subjecting all schools-whether public, charter, or voucher-to the same standards of accountability, including measurements that account for the economic and disability challenges their students face, and that recognize the value of a broad curriculum and experienced teachers who are qualified to develop the full range of each child's capacities." See "Do Poor Kids Deserve Lower-Quality Education Than Rick Kids? Evaluating School Privatization Proposals in Milwaukee, Wisconsin" by Gordon Lafer, Economic Policy Institute Briefing Paper, April 24, 2014. Report Focuses on Charter School Fraud: The Center for Popular Democracy and Integrity in Education released on May 6, 2014 a report entitled Charter School Vulnerabilities to Waste, Fraud & Abuse, a compilation of news reports and criminal complaints from 15 of the 42 states that have authorized charter schools. The states examined in the report are Arizona, California, Colorado, Washington, D.C., Florida, Hawai'i, Illinois, Louisiana, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Texas, and Wisconsin. The report identifies a loss to taxpayers of $136 million as a result of the charter school industry's violations of state and federal laws. The authors explain that the title of the report, Charter School Vulnerabilities to Waste, Fraud & Abuse, actually comes from a section of a semi-annual report issued by the U.S. Department of Education Office of Inspector General (OIG) in March 2010 called Semiannual Report to Congress, No. 60, October 1, 2009 to March 31, 2010. In that report the OIG identified inadequate oversight of charter schools by state agencies, local education agencies, and the federal government, as leading to an increase in criminal activity among some charter school operators. The number one offense found was embezzlement, but charter school operators were also found tampering with student enrollment to increase revenue; tampering with student grades to avoid being closed; diverting Federal funds to vendors created by the charter school operators; and misusing school credit cards for personal expenditures. The most recent OIG report was issued in September 2013, and reported a total of 62 charter school investigations from January 2005 through September 30, 2013, with 40 indictments and 26 convictions of charter school officials. The report issued by the Center for Popular Democracy and Integrity in Education organizes charter school violations of law into the following six categories and provides examples of each category from the 15 states. Charter operators using public funds illegally for personal gain School revenue used to illegally support other charter operator businesses Mismanagement that puts children in actual or potential danger Charter operators illegally requesting public dollars for services not provided Charter operators illegally inflating enrollment to boost revenues Charter operators mismanaging public funds and the schools The report includes several examples of fraud, waste, and mismanagement of public funds by charter schools in Ohio. For example, The Talented Tenth Leadership Academy for Boys and Girls Charter School was recently closed by Superintendent Richard Ross, because the school failed to ensure a safe environment; failed to feed its students; and failed to accurately track students. The report recommends that states impose a moratorium on opening new charter schools and cap charter school enrollment until the following recommendations are implemented by state legislatures: Oversight Require states to establish an office dedicated to the oversight of the performance and effectiveness of charter schools and authorizers. Give the charter office authority and resources to investigate fraud, waste, mismanagement, and misconduct. "This includes the authority to refer findings to the district attorney with jurisdiction or to the Office of the Attorney General or to any other appropriate law enforcement agency for prosecution if the Office discovers or receives information about possible violations of law by any person affiliated with or employed by a charter authorizing entity or charter school entity. Provide the charter office with adequate resources, including staffing.  Authorize the charter office the power to put a hold on the distribution of funds to the charter authorizing entity or charter school entity. Authorize the office to affirm, reverse or otherwise adjust charter grants, and the authority to renew or amend decisions made by charter authorizing entities if charters entities are found to be in violation of state or federal law. The Office should also have the power to revoke the chartering authority of charter authorizers. Require charter schools to be independently audited on an annual basis, with publication of such audits available online at the charter school's website. Transparency Amend state charter school laws to explicitly declare that charter schools are public schools, and are subject to the same non-discrimination and transparency requirements as are other publicly funded schools. Require that each charter school's original application and charter agreement be available to the public online, through the websites of both the individual school and the charter authorizer. Require charter schools to post a full list of each charter school's governing board members, officers, and administrators with affiliation and contact information on the school's website and the authorizer's website.  Require members of charter school governing boards, charter school administrators, charter school employees, as well as public officials to file full financial disclosure reports, as well as to report on any potential conflicts of interest, relationships with management companies or other business dealings with the school, its management company or other charter schools. These reports should be similar to, or the same as, the reporting requirements of traditional school district Board members. Make these documents available to the public online through the charter's authorizer. Require minutes from charter school governing board meetings, the school's policies, and information about staff to be made available on the charter school's website. Require charter schools to be fully compliant with state open meetings/open records laws, with compliance monitored by authorizers. Failure of the schools to release documents pertaining to governing board meetings, school policy and data, or to allow members of the public to file formal freedom of information requests to obtain these documents must be swiftly addressed and corrected by the authorizer. Require charter school authorizers to post on their web site school financial documents, including detailed information about the use of both public and private funds by the school and its management entities. These reports should include full disclosure of the sources of private funds, and the duration of commitments of private funds. Require disclosure of all vendor or service contracts over $25,000, and prohibit any vendor or service contracts to any entity in which the charter school operator or a member of the governing board has any personal interest. Governance Require charter school governing boards to be elected, with representation of parents (elected by parents), teachers (elected by teachers), and in the case of high schools, students (elected by students). Non-parent/teacher/student members of the governing board should be required to be residents of the school district in which the school/s operate. Require charter school governing board members to live in a geography that is close in proximity to the school's physical location. Hold members of a charter school governing board legally liable for fraud or malfeasance occurring at the school or schools that they oversee. See "Charter School Vulnerabilities to Waste, Fraud & Abuse," The Center for Popular Democracy and Integrity in Education on May 6, 2014. FYI Arts

Culture Works Gathering Input About the Status of Arts and Culture: Culture Works, Martine Collier president and CEO, is sponsoring public meetings to gather information about the status of arts and culture in the Dayton community, and identify primary issues and concerns.  The meetings will be held on June 4, 2014 at 5:30 PM at the Aullwood Audubon Center and Farm at the Charity A. Kruegar Farm Discovery Center, 9202 Frederick Pike, Dayton, OH, and on June 5, 2014 at 5:30 PM at the Springfield Museum of Art at the Center for the Arts at Wittenberg University, 107 Cliff Park Road, Springfield, OH. Researchers from the University of Dayton and Wright State University and Marc Golding from the arts consulting firm WolfBrown will facilitate the discussion to identify the strengths and challenges facing the arts and culture sector of the community. Culture Works is a nonprofit regional arts agency that provides a unified voice for all the cultural organizations and activities in the Dayton region, and promotes the good news about the amazing cultural vibrancy of our region to a national audience. More information and to register for one of the meetings is available online. CSC Announces New Education Initiative: The Cincinnati Shakespeare Company (CSC) announced on April 23, 2014 a new arts education initiative called PROJECT 38. CSC will be collaborating with 38 schools in the Cincinnati area over the next school year to produce a full production, monologue or scene, dance, musical piece, or other representation from one of Shakespeare's 38 plays. Teaching artists from CSC will work with students and faculty to develop the concept and the production. The schools will be brought together at the end of the school year to celebrate their creations with family, friends, and the community through a multi-day PROJECT 38 Festival. According to CinStages.com, "Over the last 20 years, CSC has brought classical theatre and literature to life for over 200,000 students from 150 schools in more than 100 zip codes across three states. This close connection with students and educators has inspired them to take on this exciting new endeavor. This season, Cincinnati Shakespeare is also "completing the canon" by producing all 38 of Shakespeare's plays. The 38 plays have served as the inspiration for the title of PROJECT 38." CSC plans to offer PROJECT 38 each school year and expand the list of participating schools. For information about how to support or get involved with PROJECT 38, please contact Jeanna Vella, Director of Education and Communications at jeanna.vella@cincyshakes.com or 513.381.2273 ext. 3202, or visit www.cincyshakes.com. See "Cincinnati Shakespeare Company Announces their new Innovative Arts Education Initiative, PROJECT 38". Support Music in the House Through Power2Give: Music in the House is a fun afterschool neighborhood choir program for young kids in urban neighborhoods of Columbus who want to sing, and do it with power! Music in the House kids will get to perform publicly, showing their families, friends, teachers, and lots of other people in their community what they've learned to do. Music in the House honors, respects, and celebrates all kids and their abilities, while focusing on families in higher-needs areas of Columbus that too often fall under the public radar. Donor funds will go directly to help pay for artists' fees, apprentice teaching artists/musicians' stipends, materials, sheet music, and other project costs. There is currently a 1:1 cash match in place through the generous offer of PNC Bank, so every dollar you donate will be doubled! Please click on the power2give link below, and donate what you can to this project now, so kids who want to sing and learn music will have the chance to do it well! Thank you!   Music in the House! Kids' Choir's Link Music in the House is a partnership of the Ohio Alliance for Arts Education (OAAE), Columbus Children's Choir, and TRANSIT ARTS, a program of Central Community House. Students receive professional choir instruction after school, in settlement houses located right in the neighborhoods where they and their families live." WHAT IS POWER2GIVE.ORG?   power2give.org is an online cultural marketplace designed to connect donors and projects. Hosted by the Greater Columbus Arts Council, serving Franklin County power2give.org allows non-profit organizations to post and promote arts and culture projects in need of funding and invites donors to contribute directly to projects that are intriguing to them.   Power2give.org is devoted to supporting non-profit organizations and encouraging people to help the organizations they love turn their needs into a reality. Click here to learn more about Music in the House and to Donate online. Connect With US on Facebook! Join The Ohio Alliance for Arts Education on Facebook. Click to "like" us but don't stop there - post your support for the OAAE and arts education on your profile, and ask your friends and colleagues to 'like' us too. As a follower of the OAAE, you can find out what's happening around the state with school arts programs and arts education decisions made by local school boards and the State Legislature, and share other relevant arts education related news. It's a quick and easy way to stay connected to us and to share what's happening with arts education in your community and throughout Ohio. This update is written weekly by Joan Platz, Research and Knowledge Director for the Ohio Alliance for Arts Education.  The purpose of the update is to keep arts education advocates informed about issues dealing with the arts, education, policy, research, and opportunities.  The distribution of this information is made possible through the generous support of the Ohio Music Education Association (www.omea-ohio.org), Ohio Art Education Association (www.oaea.org), Ohio Educational Theatre Association (www.Ohioedta.org); OhioDance (www.ohiodance.org), and the Ohio Alliance for Arts Education (www.OAAE.net). Donna S. Collins Executive Director 77 South High Street, 2nd floor Columbus, Ohio 43215-6108 614.224.1060

 

 

 

FROM: Ann Brennan

FYI: Important update on the education MBR bill (HB 483) and a report from the Columbus Dispatch about the Constitution Modernization Commission deliberations. The education subcommittee's draft removes some provisions regarding Ohioʻs system of public schools from the Ohio Constitution, but adds language to prohibit discrimination. OSPA's legislative platform would oppose this change, the removal from the constitution of the "thorough and efficient" clause. 

Ohio Alliance for Arts Education

Arts on Line Education Update

April 14, 2014

Joan Platz

1)  Ohio News

•130th Ohio General Assembly:  The Ohio House and Senate have recessed for spring break, which extends until April 25, 2014.  Before leaving Columbus lawmakers cleared their calendars last week by passing a number of bills, which now will be sent to the governor to sign. 

•State Board Down to Two Vacancies:  Governor Kasich recently announced the appointment of Brad Lamb of Westlake to the State Board of Education, representing the 5th State Board District.  Mr. Lamb replaces Bryan Williams, who resigned from the board in December 2013 when conflict of interest charges were raised, because of his work as a lobbyist for the Associated Builders and Contractors of Ohio, which does work for school districts.  Mr. Lamb is a bailiff for the Cuyahoga County Common Pleas Court and former president of the Fairview Park Board of Education. Mr. Lamb must run in the November 2014 election to serve the remainder of the term, which expires at the end of 2016.

•State Board to Meet:  The State Board of Education, Debe Terhar President, will meet on April 14 and 15, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH.

This month the board will conduct a Chapter 119 Hearing for proposed Ohio Administrative Code Rules 

-3301-24-10, Alternative Educator License

-3301-46-01, Innovative Education Pilot Program

-3301-51-01 to -11, Operating Standards for Children with Disabilities 

The Accountability Committee, chaired by Tom Gunlock, will receive an update about the work of the Gifted Indicator Work Group; the district narrative on the 2013-14 Report Card; weights and simulations for component grades; and the Prepared for Success measure.

The Achievement Committee, chaired by C. Todd Jones, will discuss the model curricula for the Fine Arts and World Languages and career connections.

The Operating Standards Committee, chaired by Ron Rudduck, will discuss Ohio Administrative Code Rule 3301-35-05 Staff Focus and Rule 3301-35-06 Educational Program and Supports.

The Legislative and Budget Committee, chaired by Kathleen McGervey, will receive updates about the Mid Biennial Review bills regarding education, HB483 (Amstutz) General Operations and HB487 (Brenner) K-12 education.

The Capacity and Urban Education Committees will also meet.

The voting agenda for this month includes personnel items and a resolution of intent to consider the proposed transfer of school district territory from the Cincinnati Public School District, Hamilton County, to the Madeira City School District, Hamilton County, pursuant to Section 3311.24 of the Ohio Revised Code.

See http://education.ohio.gov/State-Board/State-Board-Meetings/State-Board-Meetings-for-2013-1

•Community School Conference Held in Cincinnati:  The Coalition for Community Schools held its 2014 Community Schools National Forum in Cincinnati on April 9-11, 2014 in partnership with the Cincinnati Public Schools and the Cincinnati Community Learning Centers Institute. 

In Ohio the term “community school” means a publicly funded, but privately operated charter school, but the definition of “community school” is different at the national level. “Community school” can also mean neighborhood public schools that are the centers of the community; are open to the public all day, evenings, and weekends; and work with partners in the community to integrate resources to support the whole child and families.  The resources include academics; health and mental health services; social services; career and job development; and community engagement.

The theme of this yearʻs community school conference was “Community Schools: The Engine of Opportunity”. The speakers included Chris Edley, Co-chair of the Commission on Equity and Education; Mary Ronan, Superintendent, Cincinnati Public Schools; Randi Weingarten, President, American Federation of Teachers; David Johns, Executive Director, White House Initiative on Educational Excellence for African Americans; Kent McGuire, President and CEO, Southern Education Foundation; and more. 

According to an article in Cincinnati.com, the community school concept was implemented in Cincinnati starting in 1999. Cincinnatiʻs Community Learning Center Institute partners with non profits and the Cincinnati Public Schools to make schools the hubs of communities, and the centers for integrating resources and services in communities. The Cincinnati program has become a model that other cities, states, and nations are using to integrate community resources through schools.

See “CPS Success May Become National Model” by Jessica Brown, Cincinnati.com, April 12, 2014 at

http://www.cincinnati.com/story/news/education/2014/04/11/us-experts-see-cps-success/7627417/

See http://www.communityschools.org/save_the_date__2014_national_forum_.aspx

•Campaign to Support Public Education:  The Ohio School Boards Association (OSBA) announced last week a statewide campaign called “Stand up for Public Schools” to raise awareness about the achievements of public schools in Ohio and raise support for public education and locally elected boards of education.

According to the campaign “Public schools are a critical component of an informed, democratic society and the American way of life. They provide the educational foundation that each and every child needs to go on to college and careers — and succeed in life.”

The campaignʻs web site includes information about the outstanding programs in Ohioʻs public schools; student achievement; and information about how parents and the public can become more involved in the support of public education. 

The campaign is aligned with the National School Boards Associationʻs nationwide campaign to support public schools. 

See Stand Up for Public Schools at

http://www.standupforohiopublicschools.org/

2)  National News

•House Approves Federal Budget:  The U.S. House of Representatives approved a federal budget for FY15 entitled the Pathway to Prosperity Act along party lines on April 10, 2014.  The budget was introduced by Congressman Paul Ryan (R-Wisconsin), chairman of the House Budget Committee, and includes tax reforms, repeals the Affordable Care Act, changes Medicaid funding, and cuts federal spending by $5.1 trillion over the next ten years. The budget is basically symbolic, because Congress and the President agreed in December 2013 on federal spending levels for FY14 and FY15 through the Bipartisan Budget Act. The U.S. Senate is not expected to take any action on the bill.

•Two Education Bills Pass the House Committee:  The U.S. House, Education, and the Workforce Committee, chaired by Representative John Kline (R-MN), approved on April 8, 2014 two bills that have bipartisan support, the Success and Opportunity through Quality Charter Schools Act (H.R. 10) and the Strengthening Education through Research Act (H.R. 4366). 

The Success and Opportunity through Quality Charter Schools Act was introduced by Chairman Kline and Ranking Member George Miller (D-CA).  It will consolidate the Charter School Program and the Charter School Credit Enhancement Program, and will allow states to use federal grants to replicate and expand successful charter schools. According to a summary, the bill authorizes the Charter School Program at $300 million for fiscal years 2015 through 2020; clarifies that charter schools may conduct state-determined weighted lotteries; and allows students to continue in the school program of their choice by clarifying students in affiliated charter schools can attend the next immediate grade in that network’s school. 

See the “Bill Summary” prepared by the U.S. House, Education, and Workforce Committee at http://edworkforce.house.gov/uploadedfiles/bill_summary_-_the_success_and_opportunity_through_quality_charter_schools_act.pdf 

H.R. 4366, the Strengthening Education through Research Act, was introduced by Representatives Todd Rokita (R-IN) and Carolyn McCarthy (D-NY). It will reauthorize the Education Sciences Reform Act (ESRA), which governs the U.S. Department of Education’s research division called the Institute of Education Sciences. The bill reinforces current law prohibiting the involvement of the federal government in local decisions about curriculum by stating that federal funds cannot be used to “mandate, direct, control, or coerce the curriculum or academic standards or assessments of a state or local educational agency.”

See the “Bill Summary” prepared by the U.S. House, Education and Workforce Committee at 

http://edworkforce.house.gov/uploadedfiles/bill_summary_-_the_strengthening_education_through_research_act.pdf

•Secretary Duncan Testifies Before the House Appropriations Subcommittee:  U.S. Secretary of Education Arne Duncan testified on April 8, 2014 before the House Committee on Appropriations, Subcommmittee on Labor-HHS-Education regarding President Obamaʻs proposed education budget for FY15. He told the panel, chaired by Representative Jack Kingston, that discretionary funding for education remains below 2010 levels and, as a result, students in the U.S. are falling further behind other countries. The proposed budget invests in preschool, in equity of opportunity, in teachers and school leaders, and in strategies to keep college costs down. 

In response to a question from Representative Kingston regarding the Common Core State Standards, Secretary Duncan said, “And just to be very clear with this group, I am just a big proponent of high standards, and whether they are common or not is sort of secondary.  We just want students to be college and career ready once they graduate from high school.”  He added later, “We advocate for high standards, but never said that they have to be common.”

See “Testimony of U.S. Education Secretary Arne Duncan: The U.S. Department of Education Fiscal Year 2015 Budget Request, House Appropriations Committee at

http://www.ed.gov/news/speeches/testimony-us-education-secretary-arne-duncan-us-department-education-fiscal-year-2015-

Secretary Duncanʻs statements about the Common Core State Standards are made at 1:09:58 on the video of the U.S. House Appropriations Hearing on April 8, 2014 at http://appropriations.house.gov/calendar/eventsingle.aspx?EventID=374542

3)  Ohio Legislative Update

The Ohio House approved last week 11 bills, including the following Mid Biennial Review bills:

-HB369 (Sprague) Medicaid Opioid Addictions 

-HB483 (Amstutz) General Operations for the Biennium 

-HB484 (Rosenberger/Brown) Higher Education 

-HB485 (Smith/Johnson) Office of Human Services Innovation 

-HB486 (Baker/Stebelton) Workforce and Economic Development Programs 

-HB487 (Brenner) Education Programs 

-HB488 (Dovilla/Landis) Higher Education-Military Veterans 

-HB492 (Scherer) Taxation

-HB493 (Sears/Henne) Ohio Workersʻ Compensation Law 

The House also concurred with Senate amendments to HB296 (Johnson/Duffey) Schools-Epinephrine Auto-injectors, which would permit public schools to purchase epinephrine auto-injectors in accordance with prescribed procedures, and exempts schools from licensing requirements related to the possession of epinephrine auto-injectors. 

The House approved most of the MBR bills with bipartisan support.  However, controversial amendments added last week to HB483 (Amstutz) MBR General Operations, led to a heated debate on the floor of the House between Republicans and Democrats.  And, provisions expanding the voucher program in the Cleveland Metropolitan School District led to a 61-28 vote for HB487 (Brenner) MBR-K-12 Education, with all Democrats voting against the bill. Democrats were also frustrated that amendments to make charter schools more transparent and accountable were not included in the HB487.  

The controversy over amendments added to HB483 (Amstutz) MBR General Operations led to a House vote of 57 to 33, even though one of the most troublesome amendments about unsolicited ballot applications was removed before the bill was reported out of committee. 

Here is some background:  The Finance and Appropriations Committee, chaired by Representative Amstutz, added an amendment to HB483 on April 7, 2014, that would have cut 10 percent of Local Government Fund distributions if a county mailed unsolicited absentee ballot applications to voters in violation of SB205 (Coley).  The amendment was included in HB483 in response to the anticipated vote of the Cuyahoga County Commission on April 8, 2014 to assert the countyʻs right, based on home-rule and federal law, to mail unsolicited absentee ballot applications to voters in the county.  SB205 was signed into law in February 2014, and requires the Secretary of State, rather than the county boards of election, to make the decision about whether or not to mail absentee ballot applications to voters, and only if the General Assembly allocates funding. 

The ballot amendment was removed on April 8, 2014 by the Finance and Appropriations Committee, but only after Governor Kasich weighed-in on the bill, and requested that the amendment be removed.

However, two other controversial amendments were retained, which led to Democratic opposition of the bill. One amendment would repeal a rule implemented by former Secretary of State Jennifer Brunner that requires the disclosure of campaign spending of unions and businesses, and the other states that college athletes are not employees of their universities. This last amendment attempts to prevent action by college athletes to unionize as a result of a recent ruling by the National Labor Relations Board.

HB484 (Rosenberger/Brown) MBR Higher Education was approved by a vote of 90-0.  The bill would implement the performance-based funding formula developed by community colleges; bases the funding formula for Ohio technical education centers on student outcomes; requires the Board of Regents to evaluate the performance-based funding practices for all public sectors of higher education; requires public universities to report to the Board of Regents by the end of the year on their faculty workload policy and procedures rather than create plans to increase workload by 10 percent by 2017, which was included in the bill as introduced; creates a Higher Education Student Financial Aid Workgroup that would make recommendations on the Ohio College Opportunity Grant and other programs; and allows two-year colleges to create tuition guarantee programs subject to approval by the BOR chancellor.

4)  More on HB483 (Amstutz) MBR-General Operations:  When HB483 (Amstutz) was first introduced it included some changes regarding appropriations in budget line items and some policy changes for K-12 education.  However, the House Finance and Appropriations Committee later amended the bill and increased the number of provisions that affect the Ohio Department of Education and the Ohio Board of Regents. The following is a summary of some of the changes included in the bill:  

•Adds art museums to the list of entities allowed to receive payments from school districts, educational service centers, and the city and/or county in which the museum is located.

•Adds $200,000 to STEM Initiatives in FY15 to build and equip a building to house the Lake County Incubator Project located on or near Lakeland Community College.  The project works with high school students in STEM fields and provides dual enrollment opportunities.

•Permits foundation funds to be used to reimburse the Department of Youth Services and the Department of Rehabilitation and Correction for individuals in these facilities who have taken the GED for the first time. 

•Makes adjustments in foundation funding for school districts participating in the establishment of a joint vocational school district.

•Adds $10 million in FY15 for Career Advising and Mentoring.  The State Superintendent of Public Instruction is directed to create the Career Advising and Mentoring Grant Program, which will award competitive matching grants to provide funding for local networks of volunteers and organizations to sponsor career advising and mentoring for students in eligible school districts. Each grant award will match up to three times the funds allocated to the project by the local network. Eligible school districts are those with a high percentage of students in poverty, a high number of students not graduating on time, and other criteria as determined by the State Superintendent. Eligible school districts are required to partner with members of the business community, civic organizations, or the faith-based community to provide sustainable career advising and mentoring services.

•Allows Straight A grant funds to be used for grant-related expenses incurred outside of the fiscal year in which the grant is awarded, and remain open for twelve months after the close of the fiscal year.

•Amends Section 3313.617 General Educational Development:  The bill makes changes in this section to remove the requirement that the superintendent of a studentʻs district of residence give permission for the student, who is more than 16 but less than 18 years of age, to take the GED exam. 

•Enacts NEW Section 3313.902 Adult Career Opportunity Pilot Program:  The bill creates the Adult Career Opportunity Pilot Program to permit an eligible institution to obtain approval from the state board of education and the chancellor to develop and offer a program of study that allows an eligible student to obtain a high school diploma. A proposed program must include the following:

-allows an eligible student to complete the requirements for obtaining a high school diploma while completing requirements for an approved industry credential or certificate 

-includes career advising and outreach 

-includes opportunities for students to receive a competency-based education. 

The bill states that the superintendent of public instruction, in consultation with the chancellor, will adopt rules for the implementation of the adult career opportunity pilot program, including the requirements for applying for program approval. 

The bill includes $2.5 million in FY15 for the Adult Career Opportunity Pilot Program, and requires the superintendent of public instruction to award and administer planning grants for the program.  The superintendent may award grants of up to $500,000 to not more than five eligible institutions. The grants can be used by selected eligible institutions to build the capacity to implement the program beginning in the 2015-2016 academic year.

The superintendent of public instruction and the chancellor, or their designees, will develop an application process to award these grants to eligible institutions geographically dispersed across the state. Any remaining appropriation after providing grants to eligible institutions can be used to provide technical assistance to eligible institutions receiving the grant.

The superintendent, in consultation with the chancellor, the Governor’s Office of Workforce Transformation, the Ohio Association of Community Colleges, Ohio Technical Centers, Adult Basic and Literacy Education programs, and other interested parties as deemed necessary, or their designees, will develop recommendations for the method of funding and other associated requirements for the Adult Career Opportunity Pilot Program. The superintendent will provide a report of the recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2014.

•Amends Section 3314.08 State Funding for Charter Schools and Section 3317.02 School Funding:  The bill makes changes in how payments are calculated for charter school students in career technical education programs. 

•Enacts NEW Section 3314.38 Dropout Prevention and Recovery Programs/Charter School; New Sections 3317.23 Dropout Prevention and Recovery Programs/School Districts; NEW Section 3317.24 Dropout Prevention and Recovery/Joint Vocational School Districts; and New Section 3345.86 Dropout Prevention and Recovery/Community Colleges. 

The bill creates a new program for individuals who are at least 22 but younger than 30 to earn a diploma from a dropout prevention and recovery program operated by a charter school, school district, vocational school district, or community college. The diploma can be earned by successfully completing a competency-based instructional program that complies with standards adopted by the chancellor of the Ohio board of regents. 

The bill includes $5 million for Alternative Education Programs in FY15 to make payments under sections 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised Code for dropout prevention programs.

•Amends Sections 3317.01, and 3317.217 School Funding:  Amends these sections to align with new sections in law, and to adjust for payments of students attending STEM schools.

•Enacts New Section 3317.036 Enrollment of Students between 22-30 Years of Age.  This provision requires the superintendent of each city, local, and exempted village school district to report to the state board of education the enrollment of individuals who are at least twenty-two but less than thirty years of age. It also requires the superintendent of each joint vocational school district to report and certify to the superintendent of public instruction the enrollment of individuals receiving services from the district on a full-time equivalency basis.

•Amends Section 3318.36 School Facilities:  This provision addresses the impact of the phase-out of the tangible personal property on ranking for school facilities projects.

•Amends Section 3333.04 Chancellorʻs Duties:  This provision requires the chancellor of the board of regents in consultation with the state board of education to adopt rules for individuals between the ages of 22-30 to earn high school diplomas.

•Enacts New Section 3345.56 Student Athletes Not Employees:  This section states that a student attending a state university is not an employee of the state university based upon the student’s participation in an athletic program offered by the state university.

5) OCMC Committee Debates “Thorough and Efficient” Clause:  Darrel Rowland of the Columbus Dispatch reports that the Ohio Constitutional Modernization Commissionʻs (OCMC) Education, Public Institutions and Miscellaneous and Local Government Committee, met last week and discussed a draft rewrite of Article VI Sections 1 to 3 of the Ohio Constitution. The draft was prepared by committee chair Chad Readler, but no action was taken on the draft.  

The committee is one of several committees examining the Ohio Constitution and making recommendations for revisions. The commission was created in 2011 (129th-HB188) to update the state constitution, and is required to file reports every two years and present its recommendations to the Ohio General Assembly.  Any changes in the constitution, however, would also need to be approved by the voters. The commission is co-chaired by House Speaker William Batchelder and Senator Charleta Tavares.  

The members of the Education, Public Institutions and Miscellaneous and Local Government Committee include Chad Readler, Chair; Edward L. Gilbert, Vice Chair; former Governor Bob Taft; Senator William Coley; Representatives Kathleen Clyde, Vern Sykes, and Matt Huffman; Franklin County Commissioner Paula Brooks, Roger Beckett, Larry Macon, and Pierrette Talley. 

Article VI of the Ohio Constitution includes provisions about public education; using taxes to fund schools; boards of education; the state board of education; higher education loans; and the stateʻs tuition credits program.  The first three sections in Article VI of the constitution currently state the following:

Article VI

•§6.01 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. (1851, am. 1968) 

•§6,02 School 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. (1851) 

•§6.03 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. 

The following proposed draft creates two new sections by combining language; eliminates some language; and adds language.

Proposed Revision by Chad Readler:

•§6.01 Public School System:  “The General Assembly shall provide for the organization, administration and control of the public school system of the state supported by public funds, without discrimination as to race, color, national origin, sex or religion.  No religious or other sect, or sects, shall ever have any exclusive right to, or control or, any part of the school funds of this state.”

•§6.02 Boards of education:  “Where established by the General Assembly, 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.”

The draft removes some provisions regarding Ohioʻs system of public schools from the Ohio Constitution, but adds language to prohibit discrimination. 

The proposed draft removes language removes references to the “school trust fund”; removes the requirement that the General Assembly “secure a thorough and efficient” system; and that there be a “common system” of schools throughout the state. 

The requirement that the General Assembly “secure a thorough and efficient system of common schools” is at the core of the Ohio Supreme Court decisions in the DeRolph school funding lawsuit, which found Ohioʻs system of funding schools unconstitutional starting with the first DeRolph decision in 1997 and in three subsequent rulings.

According to Columbus Dispatch reporter Darrel Rowland, the author of the proposed amendment, Chad A. Readler, was the defense attorney in a lawsuit filed in the Ohio Supreme Court regarding the constitutionality of Ohioʻs charter schools.  The Dispatch writer quotes him as saying during the OCMC committee meeting, “In terms of the particulars of how we’re going to operate, control and fund schools — in my view, those are decisions that should be left to the governor and General Assembly, rather than the courts.”

Darrel Rowland then writes, “A proposal from Readler would require the General Assembly only to ʻprovide for the organization, administration and control of the public-school system of the state supported by public funds.ʻ If Ohioans don’t like the school-funding setup, they can always elect new lawmakers and a different governor, he said.”

According to State Constitution Education Clause Language by Molly A. Hunter, Education Law Center, Newark, New Jersey, many state constitutions have adopted similar language to support a system of public schools in their states.

Eleven states include the “thorough and efficient” clause in their state constitutions to describe the standard of quality for public education. The states are Colorado, Idaho, Illinois, Kentucky, Maryland, Minnesota, New Jersey, Ohio, Pennsylvania, Texas, and West Virginia. 

The term “general and uniform” is used in Arizona, Idaho, Indiana, Minnesota, North Carolina, Oregon, South Dakota, and Washington to describe the quality of the required education program. 

The clause to “secure the people the advantages and opportunities of education” is used in Arizona, Massachusetts, Montana, New Hampshire, North Carolina, Rhode Island, South Dakota, and Wyoming to describe the purpose of the public education system. 

-See State Constitution Education Clause Language by Molly A. Hunter, Education Law Center, Newark, New Jersey, Updated 2011 at

http://pabarcrc.org/pdf/Molly%20Hunter%20Article.pdf

-See http://ocmc.ohio.gov/ocmc/committees/educ_pubinst_misc_localgovt

-See “Committee pushes to remove educational standard from Constitution” by Darrel Rowland, Columbus Dispatch, April 12, 2014 at

http://www.dispatch.com/content/stories/local/2014/04/10/committee-wants-to-remove-ohio-constitution-phrase.html

6)  ASA Releases Recommendations on Using VAMs: The American Statistical Association (ASA) released on April 8, 2014 a Position Statement that included a set of recommendations about using value-added models (VAMs), which are “....increasingly promoted or mandated as a component in high-stakes decisions such as determining compensation, evaluating and ranking teachers, hiring or dismissing teachers, awarding tenure, and closing schools.” 

VAMs are sophisticated statistical methods that create performance measures from student achievement data. According to the ASA, “VAMs attempt to predict the “value” a teacher would add to student achievement growth, as measured by standardized test scores, if each teacher taught comparable students under the same conditions. VAM results are often regarded as more objective or authoritative than other types of information because they are based on student outcomes, use quantitative complex models, and rely on standardized test scores and common procedures for all teachers or schools.” 

The Position Statement includes the following recommendations that apply to traditional value-added models and growth models:

•“The ASA endorses wise use of data, statistical models, and designed experiments for improving the quality of education.”

•“VAMs are complex statistical models, and high-level statistical expertise is needed to develop the models and interpret their results.”

•“Estimates from VAMs should always be accompanied by measures of precision and a discussion of the assumptions and possible limitations of the model. These limitations are particularly relevant if VAMs are used for high-stakes purposes.

-VAMs are generally based on standardized test scores, and do not directly measure potential teacher contributions toward other student outcomes.

-VAMs typically measure correlation, not causation: Effects – positive or negative – attributed to a teacher may actually be caused by other factors that are not captured in the model.

-Under some conditions, VAM scores and rankings can change substantially when a different model or test is used, and a thorough analysis should be undertaken to evaluate the sensitivity of estimates to different models.”

•“VAMs should be viewed within the context of quality improvement, which distinguishes aspects of quality that can be attributed to the system from those that can be attributed to individual teachers, teacher preparation programs, or schools. Most VAM studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions. Ranking teachers by their VAM scores can have unintended consequences that reduce quality.”

The ASA Position Statement also provides more details regarding the recommendations.  For example, the Position Statement says that VAMs are only “...as good as the data that is used to fed into them. Ideally, tests should fully measure student achievement with respect to the curriculum objectives and content standards adopted by the state, in both breadth and depth. In practice, no test meets this stringent standard, and it needs to be recognized that, at best, most VAMs predict only performance on the test and not necessarily long-range learning outcomes. Other student outcomes are predicted only to the extent that they are correlated with test scores. A teacher’s efforts to encourage students’ creativity or help colleagues improve their instruction, for example, are not explicitly recognized in VAMs.”

According to the Position Statement, classroom-level differences in VAM scores might be due to factors that are not included in the VAM model, such as class size, extracurricular tutoring, educational needs of the students, etc. “The validity of the VAM scores as a measure of teacher contributions depends on how well the particular regression model adopted adjusts for other factors that might systematically affect, or bias, a teacher’s VAM score.”

The ASA Position Statement also says that it is not clear how test-based indicators, such as those derived from VAMs, will affect “the actions and dispositions of teachers, principals and other educators” especially since, “The majority of the variation in test scores is attributable to factors outside of the teacher’s control such as student and family background, poverty, curriculum, and unmeasured influences.”

One of the conclusions of the Position Statement notes that “A VAM score may provide teachers and administrators with information on their students’ performance and identify areas where improvement is needed, but it does not provide information on how to improve the teaching.”  

  

The ASA is the largest organization in the United States representing statisticians and related professionals, and issued the Position Statement to raise awareness about the strengths and limitations of results generated by VAMs,

See “ASA Statement on Using Value-Added Models for Educational Assessment” ASA, April 8, 2014 at

http://www.amstat.org/policy/pdfs/ASA_VAM_Statement.pdf

FYI ARTS

1)  NEH Chair Announced:  President Barack Obama announced on April 10, 2014 his intent to nominate William “Bro” Adams as chairman of the National Endowment for the Humanities. Dr. Adams is currently the president of Colby College and formerly the President of Bucknell University. If confirmed by the Senate, he will replace Chairman Jim Leach, who announced his resignation last April.

During his career Dr. Adams has served as Vice President and Secretary of Wesleyan University; was Program Coordinator of the Great Works in Western Culture program at Stanford University; and held various teaching positions at Stanford University, Santa Clara University, and the University of North Carolina. As a Fulbright Scholar he conducted research at the Ecole des Hautes Etudes and the Ecole Normale Superieure in Paris, France. He also was a First Lieutenant in the U.S. Army, and served in the Vietnam War.

See “President Obama Announces his Intent to Nominate Dr. William “Bro” Adams as Chairman of the National Endowment for the Humanities” at

http://www.whitehouse.gov/the-press-office/2014/04/10/president-obama-announces-his-intent-nominate-dr-william-bro-adams-chair

2) Sky High Exhibit at the Riffe Gallery:  The Ohio Arts Councilʻs Riffe Gallery in the Vern Riffe Center for Government and the Arts in Columbus will celebrate its 25th anniversary on May 1, 2014.  The gallery, which opened in 1989, showcases the historic and contemporary works of Ohio artists and curators and diverse collections made available through state, national, and international partnerships. A reception in celebration of the 25th anniversary will be held from 5:00-7:00 PM in the gallery on May 1, 2014, and will feature the centerʻs latest exhibition, Impressive Impressions: Selections from Ohio University’s Kennedy Museum of Art Print Collection.

The Council also announced last week an upcoming exhibition entitled “Sky High”, which will be presented from July 31-October 19, 2014 at the Riffe Gallery. This exhibition will feature the works of artists as they explore the vastness of the Earthʻs atmosphere through a variety of techniques.

Artists in the show include: Rosemarie Bloch (Okeana), Rod Bouc (Columbus), Judith Maureen Brandon (Cleveland), Edward M. Charney (New Carlisle), Robert Coates (Fairborn), Tess Corts (Dayton), Susan Danko (Parma), Julie Friedman (Medina), Diana Duncan Holmes (Cincinnati), David LaPalombara (Athens), Jessica Larva (Columbus), Danielle Rante (Columbus), Kate Shannon (Mansfield), Wendy Collin Sorin (Durham, NC), Diane Stemper (Oxford), Joel Whitaker (Dayton) and Sean Wilkinson (Dayton).

The Vern Riffe Center for Government and the Arts is located at 77 S. High St. across from the Ohio Statehouse.

See “The Ohio Arts Council’s Riffe Gallery Celebrates its 25th Anniversary by Malika Bryant, Ohio Arts Council, April 10, 2014 at 

http://www.oac.state.oh.us/News/NewsArticle.asp?intArticleId=730

3)  Schools Shift from STEM to STEAM:  Melissa Delaney writes for EdTech Focus on K-12 that technology is leading the way for integrating the arts in the STEM curriculum. The article describes the STEAM program at the DeSoto West Middle Schoolʻs ISTEAM3D Magnet Academy (DeSoto, Texas), which integrates all content areas in its project-based curriculum. The expanded use of 3D printers has enabled students to construct entire miniature communities, complete with water and working lights, but has also led students to consider the design and aesthetics of their projects. The students have also learned to code and create video games using MIT Media Labʻs Scratch programming language. Incorporating the arts has raised the level of expectations about the final product, including measures for creativity and design. 

See “Schools Shift from STEM to STEAM” by Melissa Delaney, EdTech, April 2, 2014 at http://www.edtechmagazine.com/k12/article/2014/04/schools-shift-stem-steam

###

Joan Platz

Director of Research