Legislative Update 3/25/13

Ohio Alliance for Arts Education

Arts on Line Education Update

Joan Platz

March 25, 2013

 

•130th Ohio General Assembly:  The Ohio House and Senate will be on Spring recess until April 9, 2013. 

 

•Transportation Budget Approved:  Last week the Ohio House and Senate agreed to changes in the combined Transportation Budget and Ohio Turnpike bonding plan (HB51 McGregor/Patmon) sending the bill to Governor Kasich to sign into law.  The $7.6 billion funding plan includes $1.5 billion in Ohio Turnpike bonds to fund highway projects.  Some lawmakers and constituents in northern Ohio object to the transportation plan, because funding from the sale of the Ohio Turnpike Bonds to fund construction projects will not be used exclusively for highway projects to assist  northern Ohio residents, who bear most of the cost of using the Turnpike.

 

•Update on HB59:  Proposed amendments to HB59 (Amstutz) Biennial Budget were due last Friday.  Representative Ron Amstutz, chair of the House Finance and Appropriations Committee, has indicated that changes will be made in HB59 as introduced when the House returns from Spring recess.  Although Republicans support Governor Kasich’s plan to cut income taxes, the increases in the state sales tax and oil/gas severance taxes needed to offset the income tax cuts are not popular and are expected to change.  There have also been conversations about removing some of the provisions of the bill, such as the proposed changes for medicaid and educational service centers, and considering them in separate legislation.  The Finance and Appropriations Committee is expected to consider a substitute bill when it returns from Spring recess in April.  The Ohio House is expected to vote on HB59 by April 18, 2013.

 

•Governor Signs SB47:  The controversial election reform bill, SB47 (Seitz), was approved by the Ohio House on March 20, 2013 by a vote of 56 to 37. The bill was quickly signed into law by Governor Kasich on March 22, 2013.  The bill makes a variety of technical changes in election law, but also changes how Ohio voters can change laws and amend the Constitution through the initiative and referendum petition process. The new law prohibits additional signature collection between the date that an initiative or referendum petition is initially submitted to the Secretary of State and the date that the Secretary of State notifies petitioners that there are an insufficient number of valid signatures for the petitions to qualify for the ballot.  The sponsors of the petition can collect additional signatures to qualify for the ballot only during the extra 10-day collection period, and must use a separate petition form. Opponents of this provision believe that it will hamper public efforts to use the initiative and reference process to change laws, thus violating the rights of Ohioans as stated in the Ohio Constitution.

 

•House Committee to Resolve Contested Election Meets:  The House Select Committee for the 98th House District, chaired by Representative Huffman, met on March 20, 2013.  The nine-member committee was formed to review the results of the 98th House District election between Representative Al Landis (R-Dover) and former Representative Joshua O’Farrell (D-New Philadelphia). Representative Landis won the election in November by 8 votes, but the election was immediately contested by Josh O’Farrell, who filed a lawsuit in the Ohio Supreme Court.  Ohio Supreme Court Chief Justice Maureen O’Connor reviewed the evidence gathered in response to the lawsuit, and directed the case to be settled by the House of Representatives.  The complaint alleges that there were irregularities in how some ballots were counted.  Once the House committee examines the evidence, it will present its recommendations to the full Ohio House for a final decision about the election.

 

 

•FY13 Appropriations Approved:  The U.S. Senate and House approved HR933, the Consolidated and Further Continuing Appropriations Act, 2013, on March 21, 2013, paving the way for President Obama to sign the bill into law. The bill finalizes debate about FY13 appropriations, which should have been approved last October 2012.  The government has been operating on continuing resolutions since last October.

 

Although the bill continues sequestration, the automatic spending cuts of $85 billion enacted on March 1, 2013, the bill includes additional appropriations for certain federal agencies and programs to compensate them for the automatic cuts.  Concern was growing about the cuts being made to essential services, such as air traffic controllers, meat inspections, and the military. 

 

But, the bill does not change sequestration for the U.S, Department of Education.  Most federal education programs, such as Title 1, will experience a five percent cut in the 2013-14 school year, and school districts are now preparing for the cuts.

 

In addition to resolving FY13 appropriations, Congress has also been working on FY14 budget resolutions and FY14 appropriations.  

 

The U.S. House approved last week a non-binding FY14 budget resolution sponsored by Representative Paul Ryan (House Concurrent Resolution 25: vote 221 to 207), while the U.S. Senate approved on March 23, 2013 a non-binding FY14 budget resolution sponsored by Senator Patty Murray (Senate Concurrent Resolution 8). Both measures take different paths to balancing the national budget in the future.  The Republican budget plan maintains funding for the military while decreasing funding for domestic programs, including education.  It also includes a provision that would allow parents to use Title 1 funding for private schools. The Democrat’s plan increases taxes while also reducing spending, and ends sequestration cuts for education.  The plan would increase funding for Title 1 and special education, and calls for more investment in early learning programs. 

 

Congress must also approve FY14 appropriations, which need to be adopted by September 30, 2013. 

 

  1.   Superintendents, treasurers, and representatives from education organizations again addressed the House Finance and Appropriations Committee, chaired by Representative Amstutz, about Governor Kasich’s proposed K-12 education budget included in HB59. Similar themes emerged from the testimonies, as most witnesses stated that the per pupil funding level in the formula is too low and causes more school districts to be on theThe only way most school districts can increase their budgets now is through increases in local property taxes, which many school districts try to avoid, because of the economic distress in their communities.  In addition, witnesses asked that transportation funding (and supplemental transportation funding) be included in the formula; state subsidies for educational services centers (ESCs) be restored; changes in the governance structure of ESCs be removed from the bill; and reliance on the guarantees and local property taxes be decreased.

 

The per pupil amount included in HB59 works-out to be $5000 per student, $732 dollars less than in 2009, which was the last time a base cost amount for school districts was included in the biennial budget. Under questioning from members of the House Finance and Appropriations Committee, several superintendents confirmed that the base cost per pupil should be increased to between $6,200-6,400.  It was also suggested that the per pupil amount could be phased-in and a cap be added to recapture state aid increases in excess of a certain amount.   Witnesses also requested that the base cost increase each year to compensate for inflation and the cost of mandated programs, such as the Third Grade Reading Guarantee and online assessments for the Common Core State Standards.

 

One superintendent also requested that school districts receive a portion of the severance tax on gas/oil drilling.  He noted that schools in Pennsylvania have been affected by the fracking industry in a number of ways, including an increased cost for serving children of migrant workers.  He said that Ohio’s schools will also need some extra support to serve students as the drilling increases statewide, and that the severance tax should be distributed locally. 

 

4) Education Organizations Propose Changes for HB59: Barbara Shaner, representing the Ohio Association for School Business Officials, Michele Francis from the Ohio School Boards Association, and Tom Ash from the Buckeye Association of School Administrators presented testimony on March 21, 2013 before the House Finance and Appropriations Committee, chaired by Representative Amstutz, regarding HB59 (Amstutz) Biennial Budget.  The testimony included an analysis of Governor Kasich’s proposed school funding plan compared to past school funding formulas.  

 

According to the testimony high and low wealth districts receive just about the same amount of money as a percentage of the state total, and on a per pupil basis, as they have in the past, countering the assertion by the governor’s education consultants that the new school funding system is more equitable.  

 

The witnesses also noted that the difference between this funding plan and past funding plans, however, is the level of the base cost.  In this formula the base cost, set at $5000, is lower than in the immediate past, and as a result, many school districts end-up on the guarantee. The reduction in the charge-off from 22 or 23 mill to 20 mills also helps the higher wealth districts more. Declining student enrollment has been the explanation given by the governor’s school funding consultants for the number of low wealth school districts on the guarantee, but the testimony points out that there has been little shift in student enrollment from FY13 to 14. In FY13 there are 316 districts on the guarantee costing $68.5 million, while the new school funding plan would increase the number of school districts on the guarantee to 398 at a cost of $464 million.

 

The testimony includes the following recommendations:

 

-Direct the ODE to conduct a study to determine an appropriate base amount of funding for future budgets. The panel explained that school districts are delivering educational services differently than in the past, and that the cost per pupil should reflect the increased use of technology and professional development to meet more rigorous expectations.  For example, to implement the Common Core State Standards schools will need more computer devises and the infrastructure to support online assessments.  

-Direct more state funds to districts through the formula rather than through the guarantee.

-Address disparities in educational opportunities among school districts.

-Adjust the formula for special education.  The proposed categorical amounts for special education are too low, and the proposed plan reduces the total amount of state funding for special education students by 15 percent to provide funds for the new catastrophic cost fund.  Since low wealth school districts receive a higher share of state funding for special education students, their contribution to the new fund would be proportionately higher.

-Adjust the proposal for educational service centers.  The reductions in funding for ESC will cost districts more.

-Eliminate the changes in the governance structure of educational service centers.  The proposal will dilute public accountability and the educational focus of the ESCs.

-Eliminate the proposal that requires school districts to divert funding to other entities to serve student subgroups who are not making “consistent progress”.  This proposal included in HB59 is not clear, and in many cases will not be funded by the state, because so many school districts are on the guarantee. 

-Eliminate the expanded voucher programs.

-Eliminate the provision regarding the Parent Trigger.

 

•Recommendations from the Education Tax Policy Institute:  Dr. Howard Fleeter, a consultant for the Education Tax Policy Institute (ETPI), also presented to the committee an analysis of the different components of the Governor’s proposed new school funding plan, including the guarantee, the equal yield approach, the mechanics of the Core Opportunity formula, targeted resources, and some recommendations for modifying the formula.

 

In an examination of the guarantee, Dr. Fleeter found that the millage equivalent is more severe for low-wealth districts. The millage equivalent is the number of mills each district would need to adopt in order to replace the amount of money received through the guarantee. This analysis found that lower wealth districts would need to pass from 5-7 mills in order to replace the guarantee, while wealthier school districts would need to pass as little as one mill. 

 

The testimony states that the proposed school funding plan diverts from past plans, because it does not attempt to determine adequate cost.  Following the DeRolph school funding decisions in the mid 1990s, school funding experts converged upon Ohio and devised base cost amounts based on student outcomes (John Augenblick and Senator Jeff Jacobson), building blocks (Governor Taft), and evidence-based (Governor Strickland) models. The equal yield approach selected by Governor Kasich’s school funding consultants to drive the school funding formula in HB59 raises several issues: 

 

-The equal yield formula is mathematically equivalent to a foundation formula where the foundation level is $5,000 per pupil and the charge off is 20 mills.  However, the last time a base cost was computed was in 2009 when it was $5732 per pupil, some $732 more than the current proposal. As a result, lower wealth districts received more state aid ($522 per pupil) in 2009 than they would receive through the new formula in 2013-14.

-Higher wealth school districts benefit from the proposed new formula, because of the reduction in the charge-off from 23 to 20 mills.

-There is no adjustment in the $250,000 per pupil valuation threshold in FY15 for increases in property valuation, which means that more of the share of $5000 per pupil base will be borne by local districts and less by the state. And, in Ohio, as property valuation increases, the tax rate is adjusted, and so school districts will look wealthier, but will not receive additional tax revenue (except on new construction and inside mills).  This is known as phantom revenue.

***The unusual changes in property values in recent times raises questions about the efficacy of using the equal yield funding model in Ohio.

***The equal yield approach creates a school funding system in which the key parameter is driven by conditions in the housing market rather than by conditions related directly to education.

 

The testimony includes the following recommendations to provide additional funding through the proposed formula for lower wealth schools and eliminate the guarantee.

 

-Raise the property wealth threshold or raise the foundation level, which is essentially the same.  The suggested amount is $6,363 per pupil, which is the per pupil amount in FY09 adjusted for inflation.

-Enhance funding for targeted resources so that more funding is directed to lower wealth districts.

-Increase funding for poverty aid. The new formula increases funding for poverty based assistance by 3.2 percent over FY09 levels while poverty has increased at a much greater rate.

-Adjust the gain caps.

 

 

•SB93 (Jones) Open Meetings Act:  Requires that further information be stated in motions to hold executive sessions under the Open Meetings Act, to expand the fees and expenses that may be recovered for violations of the Act, and makes other changes to the Act.

 

FYI ARTS

 

  1.   The NAMM Foundation announced on March 18, 2013 the school districts being recognized asnation’s Best Communities for Music Education and schools earning Support Music Merit Awards. Schools and districts receive the recognition after completing an annual Best Communities for Music Education Survey. The survey acknowledges schools and districts across the U.S. for their commitment to, and support of, music education. This is the 14th year for the annual survey and recognition program.  Over 2000 school districts completed the survey this year, and 373 communities were selected for the recognition, including 307 school districts and 66 schools.

 

Participants in the survey answer detailed questions about funding, graduation requirements, music class participation, instruction time, facilities, support for the music program, and other relevant factors in the community’s music education program. The responses are verified with district officials, and advisory organizations review the data. 

 

Among the school districts in Ohio being recognized this year are Archbold Area Schools; Aurora City School District; Bay Village City School District; Beachwood City Schools; Berea City School District; Boardman Local Schools; Cuyahoga Heights Schools; Firelands Local Schools; Jackson City School District; Kettering City Schools; Nordonia Hills City School District; Oberlin City Schools; Olmsted Falls City School District; Perrysburg Schools; Plain Local Schools; Princeton City Schools; Riverside Local Schools; Shaker Heights City School District; Stow Munroe Falls City Schools; Sycamore Community Schools; and Upper Sandusky Exempted Village Schools.

 

Ohio schools receiving the Support Music Merit Award include Athens Middle School, Athens, OH and Centennial High School, Columbus, OH.  

 

Upper Sandusky has been recognized as a Best Community for Music Education for the past three years. According to a release by Jason Morris, Director of Instrumental Music, Upper Sandusky EVS, “This distinction is a moment for our community and for our education leaders to pause and reflect on the importance of our public education system that includes all aspects of a well-rounded curriculum.”

 

Congratulations to the Ohio school districts, schools, and the communities that have been recognized by the NAMM Foundation.

Information about NAMM is available at  

http://www.nammfoundation.org/research/best-communities-music-education-0.

 

2) ARTSblog Features Arts Education for Young Children:  In honor of March being Youth Arts Month, Kristen Engebretsen at Americans for the Arts posted on the ARTSblog last week several articles and examples of arts education programs and activities for young children. The blog presented the views of eighteen leaders in early childhood arts education, and examined questions, such as, “What can parents do to encourage exploration and learning by discovery?”,  “What specific activities or experiments will cultivate creativity and a lifelong love for the arts?”, “What benefits do young children gain from engagement in the arts?”, “What is developmentally appropriate for our youngest learners (ages 0–5)?”, “How is this different than arts education in elementary school?”, and “How do we ensure that our programs are developmentally appropriate for our youngest learners?”

 

A list of the blog posts is included below.  The blog posts have also been archived at http://bit.ly/earlyartsed.  To find more information about research in arts education for young children, or other topics, please visit the Arts Education Partnership website, ArtsEdSearch at http://www.artsedsearch.org/, which is an online clearinghouse that collects and summarizes high quality arts education research studies and analyzes their implications for educational policy and practice. 

 

ARTSblog Posts:  Early Childhood Education and the Arts

 

-Celebrating Early Arts Education by Kristen Engebretsen

http://blog.artsusa.org/2013/03/18/celebrating-early-arts-education/ 

 

-Universal Preschool: The Science (and Magic) in Preschool for All by Kaya Chwals

http://blog.artsusa.org/2013/03/18/universal-preschool-the-science-and-magic-in-preschool-for-all/

 

-Old Songs, New Opportunities by Erin Gough

http://blog.artsusa.org/2013/03/18/old-songs-new-opportunities/

 

-The Arts: Promoting Language & Literacy of Young Children by Louise Corwin

http://blog.artsusa.org/2013/03/18/the-arts-promoting-language-literacy-of-young-children/

 

-Wolf Trap Early STEM Learning Through the Arts Propels Science Learning by Akua Kouyate

http://blog.artsusa.org/2013/03/19/wolf-trap-early-stem-learning-through-the-arts-propels-science-learning/

 

-Filled with Wonder: 5 Attributes of Quality Theatre for the Very Young by Lynne Kingsley

http://blog.artsusa.org/2013/03/19/filled-with-wonder-5-attributes-of-quality-theatre-for-the-very-young/

 

-Adding Arts to the Equation by Susan Harris MacKay

http://blog.artsusa.org/2013/03/19/adding-arts-to-the-equation/

 

-Process Over Product: Building Creative Thinkers with Art by Rachelle Doorley

http://blog.artsusa.org/2013/03/19/process-over-product-building-creative-thinkers-with-art/

 

-Quickly Making a Difference in Early Childhood Arts Education by Ron Jones

http://blog.artsusa.org/2013/03/20/quickly-making-a-difference-in-early-childhood-arts-education/ 

 

-Concept-based Creative Dance for Babies & Toddlers by Rachael Carnes

http://blog.artsusa.org/2013/03/20/concept-based-creative-dance-for-babies-toddlers/

 

Getting Parents On Board With Creative Development by Bridget Matros

http://blog.artsusa.org/2013/03/20/getting-parents-on-board-with-creative-development/

 

-Lizard Brains & Other Learnings from the Preschool Classroom by Korbi Adams

http://blog.artsusa.org/2013/03/20/lizard-brains-other-learnings-from-the-preschool-classroom/

 

-Singing & Moving into Kindergarten with ArtsBridge & Reading in Motion by Kerri Hopkins

http://blog.artsusa.org/2013/03/22/singing-moving-into-kindergarten-with-artsbridge-reading-in-motion/

 

-Research & Red Flags in Child Development by Kristy Callaway

http://blog.artsusa.org/2013/03/22/research-red-flags-in-child-development/

 

-Shiny Happy Kids: The End of Our Early Arts Ed Blog Salon by Kristen Engebretsen

http://blog.artsusa.org/2013/03/22/shiny-happy-kids-the-end-of-our-early-arts-ed-blog-salon/

Legislative Update 3/18/13

Expression of Sympathy

The Ohio Alliance for Arts Education extends its sympathy to the family of State Board of Education member Jeff Hardin, who passed away on March 13, 2013.  Mr. Hardin was dedicated to improving K-12 education and advocated for the neediest of students.  He was also an adamant supporter of arts education, and assisted the OAAE during the development of the state standards for the arts. He will be missed.

 

Ohio News

New Superintendent Selected: The State Board of Education selected on March 12, 2013 Dr. Richard Ross to fill the position of Superintendent of Public Instruction. Dr. Ross is currently the Executive Director of the Governor's Office of 21st Century Education. He is a former superintendent, college instructor, and teacher. He is expected to start at the Ohio Department of Education on March 25, 2013.

Acting Superintendent Michael Sawyers, who was also a candidate for the superintendent's job, announced on March 15, 2013 that he will be leaving the ODE to accept a position with the New Albany/Plain Local School District. Mr. Sawyers' is credited with leading the ODE and Ohio's districts and schools during one of the most intensive periods of education reform, starting with the federal Race to the Top Grant and changes required as a result of new laws, SB316 (Lehner) and HB555 (Stableton) approved last year.

Lawmakers Seek Suggestions for Tax Reform: In an unusual move, Ohio House Speaker William Batchelder and Senate President Keith Faber released a statement on March 15, 2013 outlining goals for Ohio's tax system, and encouraging "all affected parties, particularly job creators and those in the business community who would be most affected by these proposals, to share their views with members of the legislature quickly."

The goals for tax reform include protecting working families and job creators by lowering their income tax burden; simplifying the state's cumbersome tax code; and maintaining a commitment to continuing a longer-term process of major tax reform.

Lawmakers are considering removing the tax reform provisions from HB59 (Amstutz) Biennial Budget and incorporating them in a separate bill to provide more time to vet various tax reform options.

Constitution Modernization Commission: The Constitutional Modernization Commission, co-chaired by Speaker Bill Batchelder and Representative Vernon Sykes, announced last week that its website is now accepting public comments about ways to revise the Ohio Constitution. The 32-member commission is charged with recommending updates to the Ohio Constitution, and has formed the following committees to organize its work: Bill of Rights & Voting Rights; Legislative Branch; Education, Public Institutions & Miscellaneous; Executive Branch; Judicial Branch; Local Government; Finance, Taxation & Economic Development; and Constitutional Revisions.

The website is available. 

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This Week at the Statehouse

The Ohio House and Senate will hold hearings and sessions this week as lawmakers continue to work on several legislative measures and the state's operating budget, HB59 (Amstutz) Biennial Budget.

Tuesday, March 19, 2013

Senate Ways and Means Committee
The Senate Ways and Means Committee, chaired by Senator Schaffer, will meet on Tuesday, March 19, 2013 at 10:00 AM in the South Hearing Room. The committee will receive testimony on SB42 (Manning/Gardner) Property Taxes-School Security, which would authorize school districts to levy a property tax exclusively for school safety and security purposes.

House Finance and Appropriations Committee
The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet on Tuesday, March 19, 2013 at 2:00 PM in hearing room 313. The committee will receive testimony on HB59 (Amstutz) Biennial Budget. Testimony will focus on tax issues.

Wednesday, March 20, 2013

House Finance and Appropriations Committee
The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet on Wednesday, March 20, 2013 at 9:00 AM in hearing room 313. The committee will receive testimony on HB59 (Amstutz) Biennial Budget. Testimony will focus on primary and secondary education.

House Education Committee
The House Education Committee, chaired by Representative Stebelton, will meet on Wednesday, March 20, 2013 at 4:00 PM, in hearing room 121. The committee will receive a presentation from Tina Thomas-Manning of the Ohio Department of Education regarding the 2012-2013 report card.

The committee will also receive sponsor testimony on SB21 (Lehner) Third-Grade Reading Guarantee, which would revise the requirements for reading teachers under the Third-Grade Reading Guarantee, and make other changes.

Thursday, March 21, 2013

House Finance and Appropriations Committee
The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet on Thursday, March 21, 2013 at 9:00 AM in hearing room 313. The committee will receive testimony on HB59 (Amstutz) Biennial Budget. Testimony will focus on health and human services.  

 

State Board of Education

The State Board of Education met on March 11 and 12, 2013 at the Ohio Department of Education and Board of Regents Building, 25 South Front Street, Columbus, Ohio 43215.

The State Board's Superintendent Search Committee presented on March 12, 2012 two candidates to the Board to consider for the position of superintendent of public instruction: Michael Sawyers, Acting Superintendent, and Dr. Richard Ross, Executive Director of the Governor's Office of 21st Century Education. The State Board voted 10 to 6 to select Richard Ross as superintendent.

Achievement Committee
The Achievement Committee, chaired by C. Todd Jones, approved a Resolution of Intent to Adopt Proposed Amendments to Rule 3301-52-01, Appropriate Uses of Early Child Education Screening and Assessment Information, and received a presentation on career technical education.

Capacity Committee
The Capacity Committee, chaired by Tom Gunlock, approved Rule 3301-102-08, Standards for Measuring Sponsor Compliance with Applicable Laws and Rules; discussed Rules 3301-83-09, -10, -16, -17, -21, -22 and 3301-51-10 Pupil Transportation Rules; received an update on ORC 3319.228 List of States with Inadequate Licensure Standards; discussed Teacher Evaluation Framework for State Agencies; and received an update on New Licensure Assessments by the Evaluation Systems Group of Pearson.

Urban Education Committee
The Urban Education Committee, chaired by Angela Bennett, discussed recommendations for a comprehensive statewide plan to intervene directly in, and improve the performance of, persistently poor performing schools and school districts relative to 129-HB555 (Stebelton). Nine hundred and fifty-six school buildings in Ohio are defined as persistently poor performing schools.

Legislative and Budget Committee
The Legislative and Budget Committee, chaired by Bryan Williams, received an update about SB21 (Lehner) and information about the Medicaid to Schools Program.

Kelly Weir, Executive Director of Legislative Services and Budgetary Planning for the Ohio Department of Education, explained the changes included in SB21 (Lehner) that affect the Third Grade Reading Guarantee. SB21 recently passed the Ohio Senate, and is being considered by the House Education Committee.

According to the presentation, SB21 changes the qualifications for teachers who are monitoring students who have reading improvement plans under the Third Grade Reading Guarantee Program. It allows teachers who meet certain requirements to supervise the reading improvement monitoring plans, and removes the three-year active reading teaching requirement. The bill also exempts students with severe cognitive disabilities from the screening requirement; removes the requirement that the school district approve the reading plans in the first year; and requires the Ohio Department of Education to develop a list of programs that teachers could complete to qualify to provide reading instruction under the bill.

The committee also received information about the Medicaid to Schools Program. Mr. Williams explained that he has received information from school districts that Ohio's schools could be receiving more federal reimbursements for certain services that they are providing students through the Medicaid to Schools Program. Mark Smith from the Ohio Department of Education provided a history of Ohio's involvement in the program. Four hundred and twenty-two school districts/schools are now participating in the program, which is administered jointly by the Ohio Department of Jobs and Family Services and the Ohio Department of Education, and is overseen by the U.S. Office of Inspector General. The current program, created in 2009, replaced the CAFS program, which was closed down in 2005, because not all reimbursed services were being provided by licensed therapists.

Chris Meroff, executive director of Texas-based MSB Connections, also spoke to the committee. He has been administering the Medicaid to Schools Program in 15 states. According to Mr. Meroff Ohio has a solid accountability infrastructure to expand the program and seek reimbursement for up to $200 million in services to children. The program could be expanded to reimburse school districts for personal services (one on one aides); specialized transportation; and delegated nursing (under the supervision of a nurse).

Jeff McQuen from Worthington City Schools also presented about the Medicaid to Schools Program, and believes that if the program could expand, Worthington would be able to provide more services to students.

Accountability Committee
The Accountability Committee, chaired by Tom Gunlock, presented an update on the new report card for schools and districts, pursuant to 129-HB555 signed into law in December 2012. The Accountability Committee expects to present this information to the House Education Committee on March 20, 2013. The Board will consider an intent to adopt in April 2013, and approve the new report card and rules for the report card in June 2013.

The new report card will eventually incorporate 18 different measures in six component areas, which will receive grades. For the 2012-13 school year there will be 9 measures; for the 2013-14 school year there will be 16 measures; and for the 2014-15 school year 17 measures. An overall grade will be calculated for schools and districts for the 2015 report card.

The six overall components that will be graded are graduation rates; K-3 Literacy; prepared for success; achievement; progress; and gap closing.

The committee has been working on several drafts of the report card and has been seeking input from schools and the public. The new report card will be accessible online. Each district will have a "home page" that will allow a user to access additional information for each of the components.

During the presentation a Resolution was adopted about the proposed Safe Harbor Provision developed by the committee.

Dropout Recovery Report Card
The committee also presented information about a dropout recovery report card, which is a separate report card for the 83 schools in Ohio that meet the criteria of dropout recovery and prevention schools. 129-HB555 (Stebelton) requires the State Board of Education to enact rules for performance levels and benchmarks. Some indicators were already included in law. Eventually dropout prevention and recovery schools will be rated as "Exceeding Standards, Meets Standards, and Does not Meet Standards".

According to the presentation, Ohio is the only state that has high stakes consequences for its accountability system for dropout prevention and recovery schools. The report cards will result in the closure of some schools in the future, and so the committee was careful about its recommendations.

The report card will provide information about the following components:

  • Graduation rates for four year, five year, six year, seven year, and eighth cohorts using the federal calculation
  • High school assessment passage rates
  • Annual measurable objectives for students grouped in categories.

The Board will be asked to adopt the proposed report card in June 2013. The first report card will be released in August of 2013, but there will be no overall ratings. Schools will receive an overall rating for the first time in 2015. Schools will be identified for closure in 2015-16.

The committee will review the benchmarks after more data is available in 2015.

Chapter 119 Hearing
The State Board conducted a Chapter 119 hearing on March 12, 2013 on Rules 3301-24-08, Professional or Associate License Renewal; Rules 3301-24-19 to -22, Alternative Resident Educator License Rules; and Rules 3301-35-15, Restraint & Seclusion.

Several witnesses presented testimony about the proposed rule changes regarding 3301-35-15 Restraint and Seclusion Rules and policy. Overall the witnesses asked that the rules be amended in the following ways:

  • Include community schools in the rules. Even though 33 community schools serve students with disabilities, community schools are currently exempt from the new rules.
  • Include compliance with the State Board's Diversity Strategies for Successful Schools Policy to ensure that students with discipline problems are not pushed-out of schools. 
  • Train all staff in cultural competencies.
  • Train teachers and staff in the best research about how to serve children with disabilities and behavior disorders. 
  • Ensure that all definitions align with those in the Individuals with Disabilities Education Act, including the U.S. Department of Education determination that seclusion and restraint be limited to situations in which serious physical harm is imminent. 

Public Participation on Non Agenda Items
Two individuals presented to the Board regarding an ODE investigation of the Columbus City Schools regarding the restraint and seclusion of students.

Susan Tobin, an attorney with Disability Rights Ohio, addressed the State Board regarding the oversight responsibilities of the Ohio Department of Education under the federal Individuals with Disabilities Education Act. According to the testimony, as part of a partial settlement of a lawsuit Dover v. State of Ohio, the ODE had agreed that it had the responsibility to determine whether or not a school district was affording students a free and appropriate education, and not just meeting procedural compliance. A recent investigation by the Ohio Department of Education, however, contradicts the agreement. In the investigation of the complaint filed against the Columbus City Schools in November 2012 by parents and Disability Rights Ohio, the ODE found that the district had provided the students with a free and appropriate education and complied with the law. According to Ms. Tobin, the ODE has apparently retreated from the agreement and has determined that it will not look beyond the "paper compliance" of school districts with the Individuals with Disabilities Education Act. Ms. Tobin recommended that the ODE reconsider its decision about its role in determining compliance with the law.

Aimee Gilman, a parent of a child with autism and an attorney working with parents with students with disabilities, also recommended that the State Board of Education take a greater role in the oversight of school districts regarding compliance with the Individuals with Disabilities Education Act. She explained that Disability Rights Ohio had filed a complaint in November 2012 with the ODE regarding an ODE investigation of the Columbus City School Districts use of restraint and seclusion to discipline students. She challenged ODE's findings, that the district had met the requirement to provide the students in the complaint a "free and appropriate education". According to the testimony, the ODE investigation of students who were repeatedly restrained and secluded did not include interviews with parents or a determination that the students were making progress. Without the determination that the students were making progress, the ODE had no business to say that students were receiving a free and appropriate education. According to Ms. Gilman, the ODE Office of Exceptional Children and the State Board of Education should be doing a better job overseeing school districts. The parents who filed the complaint are now considering taking legal action against school districts and the state.

State Board Action on the Report of the Acting Superintendent of Public Instruction, March 12, 2013.

#1 Approved a Resolution of Intent to Amend Rule 3301-52-01 of the Ohio Administrative Code Entitled Appropriate Uses of Early Childhood Education Screening and Assessment Information.

#2 Approved a Resolution of Intent to Amend Rule 3301-102-01 TO 3301-102-07 of the Ohio Administrative Code regarding community schools.

#3 Approved a Resolution of Intent to Amend Rule 3301-102-08 of the Ohio Administrative Code entitled Standards for Measuring Sponsor Compliance with Applicable Laws and Rules.

#4 Approved a Resolution of Intent to Amend Rule 3301-102-10 of the Ohio Administrative Code regarding the Academic Performance Rating and Report Card System for Community Schools that Serve Students Enrolled in Dropout Prevention and Recovery Programs.

#5 The Resolution was amended to approve, rather than deny, the Transfer of School District Territory from the Buckeye Central Local School District Seneca County to the Mohawk Local School District Seneca County, Pursuant to Section 3311.24 of the Ohio Revised Code.

#6 Approved a Resolution to Confirm and Approve the Recommendation of the Hearing Officer and to Approve the Transfer of School District Territory from the Fairborn City School District, Green County to the Huber Heights City School District, Montgomery County, Pursuant to Section 3311.24 of the Ohio Revised Code.

#7 The Resolution was amended to approve, rather than deny, the Transfer of School District Territory from the Medina City School District Medina County to the Highland Local School District Medina County, Pursuant to Section 3311.24 of the Ohio Revised Code.

#14 Approved a Resolution to Amend Rule 3301-04-01 of the Ohio Administrative Code entitled Notice of Meetings.

#15 Approved a Resolution to Amend Rule 3301-23-44 of the Ohio Administrative Code Entitled Temporary and Substitute Licenses.

#16 Approved a Resolution to Amend Rule 3301-24-09 of the Ohio Administrative Code Entitled Performance-Based Licensure for Administrators.

#18 Approved a Resolution to Appoint Richard Ross Superintendent of Public Instruction.

 

Court Orders White Hat to Open Books

The 10th District Court of Appeals for Franklin County affirmed on March 12, 2013 a lower court's ruling requiring White Hat Management to disclose how it has spent public money in its role as a charter school management company. (Hope Academy Broadway Campus et. al v. White Hat Management)

White Hat Management, LLC was founded by David Brennan, an Akron, Ohio businessman and early proponent of vouchers and charter schools in Ohio. The case stems from a lawsuit filed on May 17, 2010 by the governing boards of Hope Academies of Cleveland and Akron and Life Skills Centers of Cleveland and Akron in the Franklin County Court of Common Pleas against White Hat Management, LLC, its affiliates, and the Department of Education.

The plaintiffs alleged that White Hat Management was not accountable to the governing boards of the schools that it managed; refused to provide governing boards with complete information about how it had spent public dollars; and had not negotiated the renewal of charter school contracts in good faith. White Hat argued that as a private company it is not required to disclose how public money is spent.

The lawsuit has become entangled in several court maneuvers over the years, so there have been several opinions issued. Judge John Bender of the Franklin County Court of Common Pleas found on February 6, 2012 that the money that private management companies receive from the state is public money, and how it is spent must be thoroughly accountable to the public. The Judge ordered White Hat to disclose information about building leases; document the footnotes in its financial reports to the state; release information about its purchasing agreements; and release tax returns.

White Hat appealed the decision, which was affirmed by Judge Julia Dorrian of the three-judge appellate court in this the latest decision. White Hat can now appeal the decision to the Ohio Supreme Court.

The opinion is available. 

 

Educators Request Changes for HB59

The House Primary and Secondary Subcommittee, chaired by Representative Hayes, completed hearings last week on the education components of HB59 (Amstutz) Biennial Budget. This week the full House Finance and Appropriations Committee, chaired by Representative Amstutz, will receive public testimony. Primary and secondary education will be the focus of testimony on March 20, 2013.

Last week the subcommittee received testimony from over sixty school district superintendents, treasurers, and other individuals representing education interests. Although some of the testimony was supportive of Governor Kasich's school funding plan and especially the Straight A Fund, many witnesses expressed opposition to the plan, and spent time explaining the steps that their school districts have made to reduce costs over the past years. As a result they believe that the quality of educational opportunities available for students in Ohio has suffered.

For example, Cindy Rhonemus, treasurer and chief fiscal officer of the Trimble Local School District in Athens County, gave an impassioned account of the economic plight of her school district and how students are missing educational opportunities because of the lack of resources. The district doesn't have any music program in high school, no librarians, no family and consumer science courses, only one foreign language offered, and no one to teach Advanced Placement courses. The district has cut 32 teaching positions since 2001.

Thomas Tucker, Superintendent of Lorain City Schools, provided similar details of budget cuts, which included a 30 percent reduction of staff; closing schools; the elimination of full day kindergarten, elementary music and art, and librarians, and increases in class size.

The witnessed generally requested that the subcommittee change HB59 in the following areas:

Construct a state school funding system based on the cost of the components of a quality education: Some witnesses stressed that basing the school funding formula on valuation per pupil is not rational. Felicia Drummey, treasurer of Big Walnut Schools, said in her testimony that using property valuation per pupil is an unreliable measure that creates instability.

Tom Perkins, superintendent of the Northern Local School District and also representing the Coalition of Rural Appalachian Schools, told the subcommittee that using valuation to drive the funding formula discriminates against rural school districts, because it assumes that rural districts have property wealth that can generate revenue.

He and other superintendents also noted the number of rural school districts suddenly on the guarantee. To make-up the amount of the guarantee Superintendent Perkins told the subcommittee that Northern Local would either have to increase student population by 1,400 students; decrease valuation by $300 million, or pass a 17 mill levy.

Chris Pfister, Superintendent of the Waynesfield-Goshen (W-G) Local School District, explained to the subcommittee that W-G has never been on the guarantee and has had a steady enrollment. However, according to simulations of HB59, W-G will receive $575,000 in FY14 and $578,000 in FY15 in guaranteed funds. With no growth in state funds the district will be in deficit spending the next two years, and even worse off if the guarantees are eliminated.

Cindy Rhonemus from the Trimble Local School District noted that her district had not been on the guarantee since 2009, but based on the Executive Budget proposal, the district will not receive any new money, and will be on the guarantee for $385,000. To make-up locally the amount of the guarantee would take 10 mills.

The witnesses proposed that the state should determine the components of a quality education and the costs, and base a school funding system on distributing state funds in an equitable way so that all students have access to quality education programs. The proposed formula doesn't work if so many school districts are on the guarantee.

Expansion of school choice: Superintendents and treasurers also explained to the committee the impact of expanding the EdChoice voucher program and the impact of community schools on school district budgets and programs.

Robert Hancock, treasurer for the Hamilton City School District, said that if just 5 percent of students who qualify for the voucher in Hamilton City use the EdChoice voucher for students whose family income is at or below 200 percent of the federal poverty level, the school district would lose $1.6 million annually. The result of the loss of funds would mean increased class sizes, elimination of educational programs, and the loss of teaching positions. The students who remain in the school district would experience an education program of less quality.

Brent May, superintendent of the Plain Local School District in Stark County, told the subcommittee that the "choice provisions" included in HB59 continue to erode the local control of public school districts. Over the past eight years his district has lost $8.4 million to community schools, even though his district has been rated excellent with distinction and has high value added ratings. Almost one million dollars of the $1.5 million that will be deducted for community schools this year comes from local tax revenue, passed by voters to enhance educational opportunities in the school district. He also opposes the expansion of the EdChoice voucher program, which will direct more public funds to private schools, when those funds could be used to support public schools.

Requiring school districts to out-source educational services for subgroups of students not making consistent progress. HB59 requires school districts that don't make "consistent progress" for certain subgroups of students, according to the local report card, to outsource educational services for those students. The subgroups are gifted education, economically disadvantaged students, English language learners, and students with disabilities. According to the testimony of Robert Hancock, Hamilton City Schools could lose $12 million if this provision stays in the bill.

Catastrophic Special Education Fund. School district treasurers and superintendents also oppose the way in which the Catastrophic Special Education Fund will be funded. HB59 creates the fund by deducting 15 percent of state aid for special education from all school districts. Qualified schools/districts can then apply to the fund to offset very high special education costs.

Cindy Rhonemus from Trimble Local School District noted that her district would lose $141,000 from special education state aid to support the catastrophic special education fund, with no way to replace those funds.

Robert Hancock from Hamilton City Schools, recommended that the state fund the Catastrophic Special Education Fund as a separate line item with state funds. According to the testimony, funding the catastrophic cost reimbursement with special education state aid diminishes the ability of Hamilton City to serve those students with special needs. Hamilton City School District will pay out $632,000 more than it would receive in the catastrophic aid reimbursements.

Restore funding for educational service centers (ESCs): Almost all of the individuals who testified mentioned how educational service centers support their school districts by providing professional training; special education services; gifted education services; preschool; and pooling resources to save costs for energy, health care, insurance, etc. ESCs have also assisted the ODE implement a number of new initiatives, such as Race to the Top, the Common Core, the Ohio Teacher and Principal Evaluation System, Student Growth Measures, Student Learning Objectives, the Third Grade Reading Guarantee, and more.

HB59 changes the definition of an educational service center to a "regional public entity that provides services to public and non public schools and local governments with whom they enter into an agreement to provide those services."

The elected ESC board would be eliminated as the terms of elected members expire. The ESC governance structure would be determined by a majority of its clients, who would also develop a governing plan and determine the membership of the ESC governing board. Since an ESC would serve non public schools and local governments in addition to public schools, the mission and services provided by an ESCs could change depending on the profile and needs of the clients.

The bill appropriates for ESCs 77.5 percent of each ESC's prior year's state funding in FY14, and 72.3 of each ESC's prior year's state funding in FY15. Other payments made to ESCs are eliminated, including the per pupil amount from each district; the per pupil amount for each school district served; supervisory units; and special education preschool funds. School districts would need to negotiate and pay for services from an ESC based on a contract.

Terry Graves-Striver, Director of Operations & School Improvement, Greene County Educational Service Center, requested that the subcommittee consider the consequences of the changes being proposed for educational service centers. According to the testimony, school districts can't find in their state aid simulations for HB59 funding that has been redirected from ESCs, and so there is concern that school districts will be required to find additional resources to pay for ESC services. The reduction in the State ESC Operating Subsidy means that ESC will probably have to charge clients more. And, the elimination of an elected ESC board of education to be replaced by an appointed board of client representatives appears to set-up a conflict of interest, since the appointed board will have to vote on contracts and other financial transactions that are of a personal interest to them and their school/district. The publicly-elected board, reflective of the client districts, should be maintained to ensure accountability to tax payers.

Greg Ring, superintendent of the Educational Service Center of Lorain County, also presented testimony about the loss of funding for ESCs, and explained how his ESC uses their state subsidy to pay part of a salary of a curriculum director for Keystone Local Schools District. Without the state subsidy, the Lorain County ESC cannot support the curriculum director. Keystone Local Schools is one of the 60 percent of school districts that will not receive any additional funds through HB59, and so it is unlikely that the district will have the funds to support the position.

Continue to provide supplemental transportation funding: According to testimony from Kimberly Moyer, treasurer for the West Muskingum Local School District, Tom Gibbs, superintendent of the Fort Frye and Warren Local School Districts in Washington County, and others, there is some confusion about funding for transportation in HB59. Some low wealth and low density school districts have been receiving supplemental transportation funding since the 2010-11 school year. This funding is needed to help rural school districts meet the transportation needs of their districts, and should continue. But, since transportation funding is not included in the school funding formula, and therefore is not guaranteed, some school districts will not receive the level of funding that they have in the past. For example, the Warren Local School District will lose $300,000 for transportation for a district that covers 200 square miles, and has already reduced transportation for high school students.

Ohio School Psychologists Association: Ann Brennan, Executive Director of the Ohio School Psychologists Association, and school psychologists from several school districts, asked the subcommittee to reinstate the school psychologist minimum standard ratio in ORC 3317.15(F) (1 to 2500) and continue to provide support for the school psychology internship program. According to the testimonies, the average staffing ratio in Ohio is 1 school psychologist to 1100 students. School psychologists are uniquely qualified to provide students with a number of indispensable services as part of a team of professionals in the schools. Some of the responsibilities that school psychologists provide include student assessment data analysis; behavioral interventions; identification of gifted students; preparation of Individual Education Plans; instructional improvement decisions; mental health services and supports; and more. Eliminating the ratio could lead to an increase in the number of students needed to be served, and not only compromise the effectiveness of the school psychologist, but the safety and well-being of students. The testimony also included a request that state funding for Educational Service Centers be restored and that funding for gifted education be used to provide services for gifted students.

The testimonies are available. 

 

Bills Introduced

SB69 (Beagle) Course and Program Sharing Network: Establishes the higher education Course and Program Sharing Network and makes an appropriation.

SB71 (Tavares) School Zone Speeding Violations: Doubles the fine for a speeding violation that occurs in a school zone during restricted hours.

SB72 (Tavares) Trio Programs: Makes an appropriation for the provision of state matching funds for federal TRIO programs at Ohio institutions of higher education for FY14 and FY15.

SB74 (Tavares) Agency Standards-Children Facilities: Requires that any privately run non-Ohio agency, home, school, camp, institution, or other entity or residential facility to which Ohio abused, neglected, dependent, unruly, or delinquent children are committed comply with the same standards that are applicable to in-state agencies, homes, schools, camps, institutions, or other entities or residential facilities. 

 

FYI Arts

Deadline Extended for Award: The Arts Education Leadership Awards, presented each year in conjunction with Americans for the Arts Annual Convention, is given annually to honor transformational leadership in arts education. The award brings visibility and national recognition to arts leaders and the organizations and communities they serve.

The Arts Education Leadership Award is presented to an individual who works with arts education in either an in-school or out-of-school capacity, and can demonstrate the following: 

  • recognizes a need or opportunity for arts education in the community;
  • creates a shared vision for arts education in the community and enlists partners to achieve it;
  • transfers the vision into planning, implementation, and evaluation with high and measurable expectations; and
  • plans for adaptability and leadership transition within the task, project, program, or organization.

The deadline to nominate a candidate for this award has been extended to 5:00 PM EDT on March 22, 2013.

Please consider nominating an Ohio leader for this award!!!

Nominate a leader.

Arts Grants for Elementary Schools: Americans for the Arts and American Girl are sponsoring the Elevate the Arts grants contest. The contest will provide $45,000 in grants (up to $10,000 per school) to elementary school art programs. Teachers can enter to win one of the grants by submitting a digital image of a hot air balloon-themed art project and a short statement on why the arts matter. Entries must be received by May 31, 2013. Grant awards will be announced in October 2013.

Additional information is available.

U.S. DOE Arts in Education Grants Applications Available: Applications for the U.S. Department of Education, Arts in Education - Model Development and Dissemination Grants Program are now available. The notice of intent to apply is March 22, 2013. Applicants should notify the U.S. Department of Education of their intent to submit an application for funding through email to artsdemo@ed.gov. The deadline to submit an application is April 22, 2013.

The U.S. DOE Arts in Education grant program supports the enhancement, expansion, documentation, evaluation, and dissemination of innovative, cohesive models that demonstrate effectiveness in integrating into and strengthening arts in the core elementary and middle school curricula; strengthening arts instruction in those grades; and improving students' academic performance, including their skills in creating, performing, and responding to the arts.

Funds must be used to further the development of programs designed to improve or expand the integration of arts education in elementary or middle school curricula; develop materials designed to help replicate or adapt arts programs; document and assess the results and benefits of arts programs; and develop products and services that can be used to replicate arts programs in other settings.

Applicants must describe an existing set of strategies for integrating the arts into the regular elementary and middle school curricula, which could then successfully be implemented, expanded, documented, evaluated, and disseminated.

Local education agencies and nonprofit organizations can apply.

Information is available. 

 

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

Legislative Update 2/25/13

 

February 25, 2013

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Budget Documents Posted: The Legislative Services Commission (LSC) has posted on its website several documents that provide more detail and analysis of HB59 (Amstutz) Biennial Budget for FY14-15.

The Comparison Document outlines the various policy changes in the bill as it is amended and approved through the legislative process. 

The Bill Analysis provides definitions, an explanation of the history of current law, and an analysis of the changes in law proposed through the legislation.

The Red Book for Education is not posted yet, but will be available next week when the testimony begins on the K-12 education budget. The Red Book provides additional information about the proposed changes in law for education.

The Budget In Detail includes a spreadsheet of all the line items and totals for the General Revenue Fund and All Funds for each state agency and department.

Candidates for State Superintendent Announced: Last week the State Board of Education released a list of 30 candidates who have applied for the position of Superintendent of Public Instruction. Included on the list are Acting Superintendent of Public Instruction Michael Sawyers and Dick Ross, Director of the Governor's Office of 21st Century Education. According to a press release, the State Board's search committee will meet this week to review applications and select those to be interviewed. Candidates will be invited for interviews on March 4, 2013 and March 11, 2013. The State Board's next meeting is March 11-12, 2013, and so a decision could be made by then.

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More Ohio News

State of the State Address: Governor Kasich appeared before a joint session of the Ohio House and Senate in Lima, Ohio, on February 19, 2013 to present the annual State of the State Address. The governor noted in his speech the accomplishments that his administration has made in 2011-12 to balance the state's budget, rebuild the rainy day fund to $1.9 billion, and stabilize Ohio's economy. He urged lawmakers to pass the Executive Budget and the Transportation Budget (HB35-McGregor), which includes the needed tax reforms, bonding authority for the Ohio Turnpike, and medicaid expansion to address Ohio's needs, and keep Ohio's economic recovery going.

Regarding K-12 education the governor emphasized the need to better connect Ohio's K-12 education system with the skills needed for the jobs of the future in order to keep Ohio's youth competitive for those jobs. He said that the proposed new school funding system "...provides a total of $1.2 billion in new funds over the next two years. That means that by the end of the next budget cycle, Ohio will actually be providing our K-12 system more in state aid than they received at the height of the one-time federal stimulus money in 2011."

In support of vocational and technical education, the governor said that there must be a better alignment between the business community, K-12 education, and two and four-year colleges "....to redesign the curriculum and help give people a view of what it means to work in different entities". The proposed budget increases by 16 percent funding for vocational education.

The 2013 State of the State Address is available.

Senate Education Committee: The Senate Education Committee, chaired by Senator Lehner, met on February 20, 2013 and received sponsor testimony on SB21 (Lehner). The bill would remove a provision in the law (included in 129-HB555 - Stebelton) that requires qualified reading teachers to "be actively engaged in the reading instruction of students for the previous three years" under the Third Grade Reading Guarantee. School administrators have complained that this provision makes it difficult to hire new teachers who are otherwise qualified to teach reading, but don't have the three years experience. 

Ohio Arts Council Presents Budget: Julie Henahan, executive director of the Ohio Arts Council (OAC), presented testimony on February 21, 2013 regarding state funding levels for the OAC included in HB59 (Amstutz) Biennial Budget FY14-15. The testimony was received by the House Finance and Appropriations Committee, Subcommittee on Higher Education, chaired by Representative Rosenberger. 

Director Henahan opened her testimony by saying that public investment in the Ohio Arts Council "...pays big returns for the state while advancing the Governor's priorities of creating a climate of economic competitiveness, encouraging job growth and retention, practicing fiscal constraint, and improving services for our constituents and the citizens of Ohio." 

The OAC was created in 1965 by Governor James A. Rhodes to encourage and foster the development of the arts in communities throughout Ohio so that "....all citizens have equitable access to the arts whether they live in a rural area, small town, or big city."

The Executive Budget increases funding for the OAC to $19.1 million for the biennium, an increase of 11.5 percent over the current biennium. The governor's budget recommends that the appropriation for subsidies (grants to arts organizations throughout Ohio) be increased by $2 million. In the current biennium (FY12-13) that category totaled $14 million for the two years. In the Executive Budget recommendation, the total for subsidies is $16 million for the two years beginning July 1, 2013.

Current state per capita spending on the arts is $0.83 per year, making Ohio 18th among states in funding for the arts. OAC grants also require a 1:1 match, which means that grant recipients leverage new sources of income to match every state dollar spent on the arts.

The OAC awarded $6.7 million in state and federal funds to 531 organizations, schools, and individuals in FY12, and $7.9 million has already been awarded to 506 recipients in FY13. These awards have contributed to an economic Renaissance in Ohio, says Director Henahan, especially in Ohio's cities, and have supported public/private partnerships that have been formed to support the arts and improve the quality of life of Ohioans.

According to the testimony Ohio's creative industries, including for profit and non profit organizations, employ 198,000 individuals; contribute $24 billion to Ohio's economy; and generate nearly $2.4 billion in federal, state, and local tax revenues annually. OAC grants and private dollars together are supporting arts-driven initiatives throughout Ohio, including those in Toledo, Nelsonville, and the Gordon Square Arts District in Cleveland. And, these arts initiatives in turn support local businesses, restaurants, and neighborhood revitalization.

The arts are also vital in efforts to improve education and workforce training so that students have the skills and knowledge for the jobs of the future. According to Director Henahan, "A strong background in the arts helps students develop the necessary skills for becoming the innovators, problem solvers and collaborators the world needs. And research continues to show that involvement in the arts elevates academic performance, deters delinquency and increases college-readiness." 

The OAC's Arts Learning grants "...foster the creative talents and imaginations of young people while developing higher order thinking skills that Ohio's businesses need-such as the abilities to analyze, compare, synthesize and theorize." The OAC awarded just over $1 million in Arts Learning grants to Ohio schools and organizations that fund artist residencies, arts education programming, and the annual Poetry Out Loud competition. These events and activities provided more than 515,000 arts experiences to Ohioans of all ages, including nearly 329,000 young people.

The OAC has also been able to secure additional support for Ohio's arts organizations and programs from the National Endowment for the Arts. The testimony states, "Among its peers, the OAC is viewed as a leading state arts agency. During the OAC's most recent adjudications by the NEA review panel, the OAC was described as 'a national leader among state arts agencies' and an agency 'that works consistently at a high level and is known for its excellence.'"

Former Representative Tim Greenwood, immediate president of the Ohio Citizens for the Arts, also testified. He requested that lawmakers increase state General Revenue Funds for the OAC by $3.2 million to $22.4 million over the biennium.

 

This Week at the Statehouse

The Ohio House and Senate have scheduled sessions and committee hearings this week. The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet several times this week, focusing on the budgets for the Ohio Department of Transportation (HB35 - McGregor); Ohio Turnpike Commission (HB51 - McGregor); Industrial Commission (HB33-McGregor); and Bureau of Workers' Compensation (HB34-Hackett).

Tuesday, February 26, 2013
The House Primary and Secondary Education Subcommittee, chaired by Representative Hayes, will meet on Tuesday, February 26, 2013 at 5:00 PM in Hearing Room 017, or one hour after the Finance Committee ends. The subcommittee will receive testimony regarding HB59 (Amstutz) FY14-15 Biennial Budget, from the Governor's Office of 21st Century Education.

The Joint Senate School Safety Committee, co-chaired by Senator Lehner and Senator LaRose, will meet on Tuesday, February 26, 2013 at 7:00 PM in the Senate Finance Hearing Room, and receive testimony on prevention and mental health.

Wednesday, February 27, 2013
The Senate Education Committee, chaired by Senator Lehner, will meet on Wednesday, February 27, 2013 at 10:15 AM in the South Hearing Room. The committee will receive testimony on SB21 (Lehner) changes to the Third Grade Reading Guarantee.

Thursday, February 28, 2013
The House Primary and Secondary Education Subcommittee, chaired by Representative Hayes, will meet on Thursday, February 28, 2013 at 8:30 AM in Hearing Room 017. The subcommittee will receive testimony on HB59 (Amstutz) FY14-15 Biennial Budget, from the Ohio Department of Education, the Fordham Institute, StudentsFirst, the College Board, Policy Matters Ohio, and Philanthropy Ohio.

Friday, March 1, 2013
The House Primary and Secondary Education Subcommittee, chaired by Representative Hayes, will meet on Friday, March 1, 2013 at 9:00 PM in Hearing Room 017. The subcommittee will receive testimony on HB59 (Amstutz) FY14-15 Biennial Budget, from the following education organizations: Ohio Coalition for Equity and Adequacy of School Funding; Ohio School Boards Association; Buckeye Association of School Administrators; Ohio Association of School Business Officials; Ohio Alliance for High Quality Education; Ohio Education Association; Ohio Federation of Teachers; Ohio 8; KnowledgeWorks; Ohio PTA; and the Education Tax Policy Institute.

 

School Funding System Also Needs to be Adequate

An Editorial in the Akron Beacon Journal published on February 14, 2013 raises questions about the school funding changes proposed in Governor Kasich's Executive Budget (HB59) and how the governor's plan will meet the constitutional mandate for a thorough and efficient system of public schools. ("Question of Adequacy", Akron Beacon Journal, February 14, 2013)

According to the article, policy makers must achieve a balance between equity and adequacy when developing a school funding system, so that state support mitigates the wide disparities in money that different school districts can "direct toward education" and all students have access to a "competitive standard of education".

Governor Kasich is the fourth governor to tackle this issue, but, as the Editorial points out, the governor's school funding advisors admitted to legislators last week that they didn't even address the issue of "adequacy" when developing the new school funding plan, and many school district superintendents believe that "....the governor's plan reneges on his claim of fairer distribution, more for the poor schools and less for the rich" after viewing the printouts.

The governor's plan leaves unanswered the questions, what is a basic education? and what does it cost?" And, as a result, the Editorial opines, "If the Kasich team will not propose or even attempt to define what would provide the right amount of teaching, then the suggestion is, "adequate" is any amount that may be available."

The Editorial is available.

 

Report Confirms Need to Identify the Cost of Educational Opportunities

The Equity and Excellence Commission, chaired by Christopher Edley, Jr. and Mariano-Florentino Cuéllar, released on February 19, 2013 a report entitled For Each and Every Child: A Strategy for Education and Equity and Excellence. The report was submitted to the U.S. Secretary of Education, Arne Duncan.

The 27-member commission was chartered by Congress to provide advice about "....the disparities in meaningful educational opportunities that give rise to the achievement gap, with a focus on systems of finance, and to recommend ways in which federal policies could address such disparities."

The commission, which has been meeting for over two years, included a diverse group of education experts, economists, and civil-rights leaders ranging from Linda Darling-Hammond to Eric Hanushek.

The report summarizes ".... how America's K-12 education system, taken as a whole, fails our nation and too many of our children. Our system does not distribute opportunity equitably. Our leaders decry but tolerate disparities in student outcomes that are not only unfair, but socially and economically dangerous. Our nation's stated commitments to academic excellence are often eloquent but, without more, an insufficient response to challenges at home and globally. The data the commission reviewed make clear that officials, administrators and constituents at all levels of government must attack our education failings as a moral and economic imperative."

According to the report the education reform initiatives of the past sixty years, based on standards and test-based accountability, have made some progress, but not enough.

The report states, "The next stage of our journey will require coordinated reform efforts in all the states, and their 15,000 school districts, together with federal agencies-efforts focused on laying the foundations for far more widespread and equitable opportunities for students throughout the nation. Out of many efforts, one united effort can create the opportunity that should be the birthright of each and every American child."

The commission's report provides a five-part framework to guide policy making for education:  

  • Restructure the finance systems that underlie every decision about schools, focusing on equitable resources and their cost-effective use.
  • Examine the most critical resource of all: quality teachers and school leaders, and the supports they need to be effective with all learners and determine the ways to make sure all students have access to high-quality instructional opportunities.
  • Explain the importance of starting early and make the case for high-quality early learning for all children, especially for low-income children.
  • Provide the critical support that students in high-poverty communities need to start strong and stay on track, including increased parental engagement, access to health and social services, extended instructional time, and assistance for at-risk groups. 
  • Identify the changes in accountability and governance necessary "...to ensure that, a decade from now, there doesn't need to be yet another commission appointed to call public attention to the corrosive effects on the nation's children and our future of the failure to advance equity and excellence in America's public schools."

For each of the above recommendations the report provides information about the current status of the issue and the latest research.

For the first recommendation about school finance the report notes that many states still rely on local property taxes to support K-12 education. This leads to inequalities among schools in student access to quality education programs, which often reflect the capacity of a community to raise local revenue for schools. In 14 states, for example, property taxes and other local sources represent more than 50 percent of total school funding. But, there are also examples of states, such as New Mexico and Vermont, that have increased state support for schools to mitigate inequity, and are providing over 50 percent of funding for schools/districts from state funds.

The report recommends that states do the following to improve the financial capacity and efficient operations of schools:

"Identify and publicly report the teaching staff, programs and services needed to provide a meaningful educational opportunity to all students of every race and income level, including English-language learners and students with disabilities, based on evidence of effective education practices. They should also determine and report the actual costs of resources identified as needed to provide all students a meaningful educational opportunity based on the efficient and cost-effective use of resources."

Implement a school finance system that provides equitable and sufficient funding for all students to achieve state content and performance standards; provide stable and predictable sources of revenue; periodically review the school funding components and adjust them for inflation and other changes in costs; and develop systems to promote effective and efficient use of education funding.

Increase the federal role to ensure that all students have access to educational opportunities. Allow the federal government to "direct, with appropriate incentives" states to implement school finance systems that provide a meaningful educational opportunity for all students, and ensure effective and efficient use of funds to enable all students to achieve state content and performance standards.

Target new federal resources to schools with the largest achievement gaps; provide incentives for states to reduce the number of schools with high concentrations of poverty; examine ways for the federal government to enforce efforts to increase financial equity among state school funding systems; examine implementation of federal programs to ensure efficient and equitable use of resources; support better accounting practices and public reports about school expenditures; provide grants to states to develop methodologies to determine the cost of providing meaningful educational opportunities.

The report is available. 

 

Report Analyzes ESEA Waivers

The Alliance for Excellent Education, Bob Wise president, released on February 11, 2013 a report entitled The Effect of ESEA Waiver Plans on High School Graduation Rate Accountability.

The report examines the waivers that states have been granted by the U.S. Department of Education (U.S. DOE) from certain provisions of the Elementary and Secondary Education Act, also known as the No Child Left Behind Act.

The authors argue that the waivers are inconsistent with federal regulations adopted in 2008 about the high school graduation rate, and have allowed states to adopt policies that are less accountable to students and the public. The 2008 regulations require all public high schools to use the same graduation rate calculation and report a four-year graduation rate for both the entire student body, as well as for various subgroups of students. The report notes the following concerns:  

  • High school graduation rate calculations: Eleven states are using a measure of high school completion that is inconsistent with the requirements of the 2008 regulations.
  • Accountability for traditionally under served students: Some states are now not required to implement interventions in all high schools with a subgroup that consistently misses the graduation rate performance targets.
  • The Wrong Incentives: In 12 states graduation rates now account for less than 25 percent of the state's accountability system. The report says that the incentive to push-out low-performing students increases when the state measures based on test score results are not counterbalanced by state measures based on graduation rates.
  • Allowing late graduates and holding schools accountable. Ten states have lowered the goal for students to graduate high school in four years.

According to the report, "But whether students overall and also within each subgroup are graduating in a timely manner from high school must be one of the main determinants for instituting improvement actions. For many states, this vital element has been weakened under the waiver system."

The report recognizes the states of Delaware, Hawaii, Kentucky, New York, Virginia, and Washington that "are consistent with the letter and spirit of the 2008 regulations." Ohio is also fully implementing each key provision of the 2008 regulations and is explicitly targeting subgroup graduation rate gaps within its accountability system.

The report recommends that the U.S. Department of Education work with states that have received waivers to address inaccurate and inconsistent measures of high school completion; re-consider the inclusion of students receiving GEDs in the graduation rate; and re-institute subgroup accountability.

The U.S. DOE should also require states "...to implement a stronger and more coherent system of graduation rate accountability that is completely aligned with the 2008 regulations and ensures that high schools with low overall or subgroup graduation rates are properly identified and receive targeted support. The most effective way to assure effective graduation rate policy is for Congress to reauthorize ESEA and incorporate the Every Student Counts Act, legislation that codifies into law the key elements of the 2008 regulations."

The report is available. 

 

Parent Trigger

The Los Angeles Times reported on February 13, 2013 that the Los Angeles Unified School District Board of Education voted unanimously on February 12, 2013 to approve a parent-driven petition to overhaul the 24th Street Elementary School in the West Adams neighborhood of the city. The overhaul is the result of action taken by parents through California's "parent-trigger" law. ("L.A. school board approves parent trigger at 24th St. Elementary" by Stephen Ceasar and Dalina Castellanos, L.A. Times, February 13, 2013.)

According to the article, previous attempts to take-over two other schools in Los Angeles using the parent trigger law led to legal challenges brought by opposing parent groups.

Parent trigger laws have been enacted in seven states, including Ohio, where it is a pilot program in the Columbus City School District. Governor Kasich is requesting in HB59 (Amstutz) the Biennial Budget, to expand the parent trigger provision to any low performing school in Ohio.

The article is available. 

 

Report Examines Charter School Screening Policies

A special report by Stephanie Simon at Reuters News Service, published on February 15, 2013, examines charter school policies that might discourage parents from enrolling students in a charter school. ("Special Report: Class Struggle - How charter schools get students they want" by Stephanie Simon, Reuters News Service, February 15, 2013).

The report is based on an investigation by Reuters of charter school screening policies and procedures.

Charter schools are publicly funded, but privately operated, schools, and have promoted themselves as an alternative school choice for students. However, the investigation found that "...across the United States, charters aggressively screen student applicants, assessing their academic records, parental support, disciplinary history, motivation, special needs and even their citizenship, sometimes in violation of state and federal law."

The following charter school policies and procedures were identified in the investigation: 

  • Applications that are made available just a few hours a year. (Northland Preparatory Academy in Flagstaff, Arizona)
  • Lengthy application forms, often printed only in English, that require student and parent essays, report cards, test scores, disciplinary records, teacher recommendations and medical records. 
  • Demands that students present Social Security cards and birth certificates for their applications to be considered, even though such documents cannot be required under federal law.
  • Mandatory family interviews.
  • Placement exams.
  • Academic prerequisites.
  • Require applicants to document any disabilities or special needs. "The U.S. Department of Education considers this practice illegal on the college level, but has not addressed the issue for K-12 schools."
  • Require parents to volunteer
  • Require parents to "invest" in the company that built the school. (Cambridge Lakes Charter School in Pingree Grove, Illinois)
  • Require parents to produce a character reference from a religious or community leader.
  • Grade point requirements.

In addition, because charter schools are not required to follow as many regulations as traditional public schools, some students are automatically discouraged from applying, because the charter school can't meet their needs. In the investigation Reuters found that some charter schools don't provide subsidized lunches or transportation, which discourages students from lower income families from attending, and some charter schools do not provide services for English language learners or students with special needs.

The number of charter schools has now increased to 6000 serving 2.3 million students nationwide. As charter schools expand some leaders in traditional public schools in urban areas believe that the enrollment policies followed by some charter schools might be "skimming" the most motivated, disciplined students from traditional public schools, and leaving the hardest-to-reach students behind.

According to the article, "That, in turn, can drive down test scores and enrollment at traditional public schools. In Washington, D.C., Philadelphia, Chicago and other cities, officials have cited just such trends as justification for closing scores of neighborhood schools to make way for still more charters."

The article highlights the experience of a parent who tried to enroll her son in The Intergenerational Charter School in Cleveland, Ohio. When a seat opened up in a third-grade classroom, the child, who was on a wait-list, was required to take exam before enrolling. Later the parent was told that the charter school staff had determined from the exam that the child was not ready for third-grade, but since there were no openings in the second grade, the child could not be placed. According to the Ohio Department of Education, the charter school should have admitted the student into the third grade regardless of the results of the exam.

The report notes that traditional public schools also limit admissions based on where the student lives, although some districts have adopted open enrollment policies and also provide parents more school choice through magnet schools and special programs.

The article is available. 

 

Bills Introduced

SB47 (Seitz) Election Law Revision: Revises the Election Law.

HB67 (Schuring/Ramos) PERS Eligibility Determinations: Delays determinations by the Public Employees Retirement System of eligibility for retirement system membership and declares an emergency.  

 

FYI Arts

 News from the Ohio Music Education Association: Nominate your favorite music teacher today!

Ohio and the nation are afforded a real opportunity to thank those teachers who played a critical role in their musical development. Maybe they introduced you to your first instrument or simply inspired you to have confidence to continue when you were ready to give up.

The GRAMMY's Music Educator Award will select 10 finalists including one overall winner each year to be recognized for their remarkable impact. The winner will be flown to Los Angeles to accept the Award and attend the GRAMMYs, plus pick up a $10,000 honorarium. All finalists will receive a $1,000 honorarium as well.

Current music teachers who teach in public or private schools, Kindergarten through College are eligible. Private studio teachers and teachers in after-school educational settings are not eligible. Nominations from music teachers, school administrators, students and parents will be accepted.

It's time to say thank you to all of those teachers who offered so much to make sure that all of us experience the joys of making music. Make your thanks real by nominating your music teacher today!

Applications and nominations are due by April 15, 2013. Follow the link for applications and additional information.

PTA Reflections Opens at the U.S. Department of Education: The 2013 PTA Reflections Exhibit entitled "Diversity Means" opened at the U.S. Department of Education on February 14, 2013.

For the past 44 years the PTA Reflections Program has provided students across the county with the opportunity to express their artistic abilities through dance, choreography, film production, music composition, literature, photography, and visual art.

This is the sixth year that the Reflections Exhibition has been hosted by the U.S. Department of Education. Attending the opening were student winners and their families including, Racquel Charles, who choreographed a dance entitled "True Colors" and Polly Moser, who composed "The Flow of Water."

According to the press release of the event, the Reflections Exhibit demonstrates "... not only high achievement in the arts and other core subjects, but also the qualities needed for success in school and in life-expertise in communication, collaboration, problem solving, decision making, divergent thinking, creativity, and innovation. They represent, clearly, the country's proud future."

Attending the event were Assistant Secretary of Elementary and Secondary Education Deborah Delisle, National PTA President Betsy Landers, PTA Reflections program Chair Cindy Dearing, and National Assembly of State Arts Agencies (NASAA) CEO Jonathan Katz.

Information about the event is available.

Smithsonian Quests: The Smithsonian Center for Education and Museum Studies has started an online program called Smithsonian Quests to encourage research and support project-based learning for students. The online resource awards digital badges to students upon completion of their activities. The projects are aimed at students at various grade levels, and can be done as part of classroom lessons or independently.

All quests engage students in exploring a topic of interest either as part of a formal standards-aligned school curriculum or as a student-driven after school activity.

According to the web site, "From the art world to the zoo, from underwater to outer space, from current problems to future solutions, your students will have the freedom to explore their interests and make connections across subjects. They'll develop skills and enhance their learning through discovery, while earning digital badges as credentials along the way."

Educators invite students to participate in the Quests. Educators are also eligible for badges to document their participation in Smithsonian online conferences, online professional development sessions, and the completion of class projects. All quests will be reviewed and badges awarded by a team of Smithsonian experts.

Badges can be achieved in the following areas: Arts Advocate, Culture Keeper, ECO Journalist, Enviro-Scientist, Tree Hugger, Time Traveler, Investigator, and H20 Hero.

Information about Smithsonian Quests is available.

Dancing Classrooms: John Wilson writes about "Dancing Classrooms" in the Education Week blog "Unleashed" on February 19, 2013. Dancing Classrooms is a program created by Pierre Dulaine and Yvonne Marceau (American Ballroom Theatre Company) "... to build social awareness, confidence, and self esteem in children through the practice of social dance."

The program provides 20 dance sessions over a ten-week period for 5th and 8th graders, and can be found in over 500 schools in a network of 24 American communities and five international sites.

According to the author who observed one of the final classes, "Our children deserve to have smiles on their faces. Standardized tests, practice tests, and scripted learning have sapped most of the joy out of learning and teaching. The arts can give back much of that joy and can provide a foundation for creativity, critical thinking, collaboration, and communication. We need more arts and less testing. The arts will strengthen literacy, math, and science more than any test. When given the choice, I hope you dance."

More information is available. 

 

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

 

Legislative Update 3/7/13

Ohio Alliance for Arts Education

 

March 7, 2013

 

Ohio Alliance for Arts Education

77 South High Street, Floor 2

Columbus, Ohio 43215-6108

614.224.1060   www.OAAE.net

 

 

The Ohio House Finance and Appropriations Committee, Subcommittee on Primary and Secondary Education, is continuing to hear testimony on the education components of House Bill 59 (Amstutz), Governor Kasich's state operating budget for FY14-15.

We urge you to contact legislators now and emphasize the need for changes in the HB59. Use this link to find your legislator's name and email. Click on your House members name and compose your email message. It's just that easy! 

 

Advocacy Message

School Funding System
*The state's school-funding system should include sufficient resources to ensure that all students have access to a complete curriculum that includes the arts - dance, drama/theatre, music, visual arts, and media arts. The base cost per pupil included in HB59 as introduced is not based on the actual cost of a complete education program. The state should conduct a study to determine a base cost that would support a complete curriculum, and fund that amount.

*Ohio's school-funding system should direct state resources for education through a formula that works rather than funding guarantees.

Expansion of the Sales Tax
*The OAAE opposes the expansion of the state's sales tax to services in the nonprofit sector.

Operating Standards
*The OAAE opposes changes in laws and rules that weaken the purpose of Operating Standards to ensure that all students have access to a "high quality education." (Section 3301.07 (D)(2)).

Educational Service Centers (ESC)
*The OAAE opposes the reduction in funding for educational service centers included in HB59.

Gifted Education
*Ohio's system for funding schools should provide sufficient funds and accountability measures so that school districts and community schools identify and serve students who are gifted. 

 

 

Background Information

School Funding System
HB59 (Amstutz) the State's Operating Budget FY14-15, includes a new equal yield state aid funding formula (referred to as Core Opportunity) rather than the per pupil foundation formula used in the past. General Revenue Fund (GRF) and lottery fund allocations for K-12 education would be $7.7 billion in fiscal year 2014, an increase of 6.9 percent compared to FY13 levels, and $8.0 billion in FY 2015, an increase of 4.3 percent over FY14 levels.

The base cost amount is not determined by costing out the components and necessary resources to provide a high quality education for all students. Instead, the new formula guarantees all school districts the same amount of funds at 20 mills as generated by school districts with a $250,000 per pupil tax base. This translates to a state average of $5,000 per student in basic state aid, and is comparable to the level of state per pupil support in the FY04-05 budget.

The basic aid amount of $5000 per pupil in HB59 is less than the basic aid amount in past state biennial budgets, and so additional state aid for special education, disadvantaged students, and students learning English is also less than in the past.

To put the proposed budget in perspective, the total FY14-15 GRF and Lottery Profits allocation for K-12 education is comparable to the total GRF funding for K-12 education in FY08-09 of $15.8 billion.

*The state's school-funding system should include sufficient resources to ensure that all students have access to a complete curriculum that includes the arts - dance, drama/theatre, music, visual arts, and media arts. The base cost per pupil included in HB59 as introduced is not based on the actual cost of a complete education program. The state should conduct a study to determine a base cost that would support a complete curriculum, and fund that amount.

To help stabilize school district budgets HB59 (Amstutz) continues to fund the guarantees, so that over 398 school districts in FY14 and 382 school districts in FY15 do not receive less state formula aid than in FY13.

According to an analysis by Howard Fleeter of the Education Tax Policy Institute, over 80 percent of low wealth poor and rural school districts will not receive additional state aid through this new formula, while 52.2 percent of wealthy suburban school districts will receive increases in state aid in FY14.

The proposed state funding levels for education in HB59 fall short when so many low-wealth school districts are on the guarantee, which raises questions about how equity, adequacy, and stability will be achieved through this new formula?

If more school districts on the guarantee lose this state aid, the percent of school districts depending on local revenue will increase even more, which will make achieving a constitutional school funding system even more difficult. Currently the percent of total funding for school districts in FY11 from local taxes is 47.61 percent compared to 42.49 percent of funding from state sources and 9 percent from federal sources.

*Ohio's school-funding system should direct state resources for education through a formula that works rather than funding guarantees.

Expansion of the Sales Tax Base
HB59 (Amstutz) includes a variety of tax reforms. In order to cut the income tax, Governor Kasich is proposing to expand the sales tax base on formerly exempted items, such as admission to cultural events. Nonprofit organizations will be required to collect a 5 percent sales tax from consumers. The revenue from the tax will support the General Revenue Fund.

The nonprofit sector exists for the benefit of the public. The nonprofit sector is mission based and its purpose is not about making a profit, but rather making a positive difference. The new sales tax has the potential to negatively impact access to the arts, ticket sales, and cause administrative burdens on arts organizations, etc. which are already stretched to their limits.

*The OAAE opposes the expansion of the state's sales tax to services in the nonprofit sector.

Operating Standards
HB59 (Amstutz) eliminates parts of Section 3301.07 (D) (2) that could affect the quality of educational opportunities for students in Ohio. This section in law provides the legal basis for the State Board of Education to develop Operating Standards for Ohio's Schools, Ohio Administrative Code 3301-35-01 to 3301-35-07 and 3301-35-12 to 3301-35-14.

HB59 removes the following requirements for operating standards:

  • Teachers, administrators, and other professional personnel be assigned according to training and qualifications 
  • Schools provide efficient and effective instructional materials and equipment, including library facilities 
  • Schools prepare a statement of policies and objectives
  • School ensure that instructional materials and equipment be aligned with academic content standards
  • Districts and schools support collaborative professional learning communities, focus on personalized and individualized needs of students, and use positive behavior intervention supports 
  • Schools develop a school leadership team.

A new added section would require the State Board to develop standards to ensure that each school had a sufficient number of teachers to meet student needs. The provision does not require that the teachers be qualified. The assignment of teachers "based on qualifications and training" is removed in the section above.

"The state board shall base any standards governing the assignment of staff on ensuring each school has a sufficient number of teachers to ensure a student has an appropriate level of interaction to meet each student's personal learning goals."

*The OAAE opposes changes in laws and rules that weaken the purpose of Operating Standards to ensure that all students have access to a "high quality education." (Section 3301.07 (D)(2)).

Educational Service Centers (ESC)
HB59 (Amstutz) redefines educational service centers (ESCs), changes their governance structure, changes how they are financed, and changes the relationships between ESCs and school districts.

An educational service center is defined in the bill as a "regional public entity that provides services to public and nonpublic schools and local governments with whom they enter into an agreement to provide those services."

The ESC governance structure would be determined by a majority of its clients, who would also develop a governing plan and determine the membership of the ESC governing board. The elected ESC board would be eliminated as the terms of elected members expire. Since an ESC would serve its clients the mission and services provided by an ESCs could change depending on the profile and needs of the clients.

HB59 reduces the State operating subsidy for Educational Service Centers by 22.5 percent in FY14 ($7.9 million) and 27.27 percent in FY15 ($7.5 million) and additional funding from the local deduct; the supervisory unit deduct; special education preschool units for; and gifted units.

Although some of the funds formerly directed to ESCs will remain with school districts, since so many school districts are on the guarantee, many school districts will only receive the level of funds that they received last year, and no additional funds to provide these services, or additional funds to buy services from the ESCs.

The proposed changes could affect arts education programs and services for gifted students, depending on how, or if, arts education programs or gifted services are affected at the school district level. Currently ESCs provide some school districts with curriculum support, professional development, and supervision for arts education and gifted programs, and employ teachers for both programs.

*The OAAE opposes the reduction in funding for educational service centers.

Gifted Education
HB59 provides $50 per ADM to support gifted education ($85.2 million total), but does not include any accountability measures to ensure that gifted students are identified and served with those funds.

Traditional public school districts are required by law to identify students who are gifted in grades K-12 based on specific criteria in law (§3324.03 ORC), and report annually the number of students screened, assessed, and identified as gifted.

However, a survey conducted for the 2009-2010 school year found that only 42 percent of schools reported that they identified students gifted and talented in the arts. (Ohio Alliance for Arts Education, Status of Arts Education in Ohio's Schools, 2011.)

Ohio law does not require traditional public school districts to serve students who have been identified as gifted, and does not require community schools to even identify or serve students gifted in the arts. While the ODE reported that 19,771 students in 2009-2010 were identified as gifted in the visual and performing arts, only 1,048 of those students were served.

HB59 does not improve identification or services for gifted students in traditional public schools or community schools.

According to the Ohio Association for Gifted Children, HB59 decreases "...any motivation to districts to adequately identify gifted students. It also sends gifted funds to community schools and other institutions even if the student leaving the district is not identified as gifted. Over $5 million would flow to community schools that are not even required to identify gifted children much less serve them. In addition, $19 million in this plan would be allocated to districts that do not provide services to a single gifted child. Some of these districts are directly violating the gifted maintenance of effort requirement currently in effect."

Removing funding for ESCs could also affect gifted programs, which are provided to school districts through the ESCs. In some cases the ESCs employ teachers who provide direct instruction to students.

*Ohio's system for funding schools should provide sufficient funds and accountability measures so that school districts and community schools identify and serve students who are gifted.

 

OSPA LEGISLATIVE ALERT: SEND LETTERS TO STATE REPRESENTATIVES

FYI: The revised letter to legislators does fit into the e-mail word limitation on the House members website email contact space. PLEASE USE THIS SAMPLE LETTER AND SEND TO YOUR HOUSE MEMBER ASAP- THEY NEED TO HEAR FROM SCHOOL PSYCHOLOGISTS ON THIS IMPORTANT ISSUE IF WE ARE TO BE SUCCESSFUL  IN HAVING THE RATIO RESTORED. ALL HOUSE MEMBERS SHOULD BE CONTACTED!

FROM: Ann Brennan
LEGISLATIVE ALERT: SEND LETTERS ASKING FOR RESTORATION OF THE SCHOOL PSYCHOLOGY RATIO

Please use the following REVISED draft letter, and add your name and contact information, as well as any personal experiences, and mail or e-mail to your Representative.

 HB 59, is currently being considered in the House Finance Education Subcommittee, comprised of the following House members: Republicans: Representative Bill Hayes R- 72, Coshocton (Chair), Ron Magg R- 62, Lebanon and Gerald Stebleton R- 77, Lancaster. Democrats: Matt Lundy D-55, Elyria and  Debbie Phillips D-94, Albany. This subcommittee will recommend amendments to the bill, so it is essential for OSPA MEMBERS IN THESE DISTRICTS TO SEND LETTERS TO THESE HOUSE MEMBERS ASAP.

Please use this draft sample letter (also attached) and remember to add your name and contact information . GO TO www.ohiohouse.gov where you can click on your Representative's name and be directed to an e-mail or an address. If you do not know your Representative you can use the zip code prompt to locate.

THANK YOU

Dear Representative___________________:

I am a school psychologist serving in the ______________ School District and I am writing to ask your support of restoring the school psychologist ratio (0RC 3317.15 (F)) in HB 59.

School psychologists provide a variety of essential services to students and staff. Some of the most significant services provided by school psychologists include: assisting teachers in designing academic and behavioral interventions for students with disabilities and other students at risk for school failure; evaluating students to determine eligibility for special education and gifted education services; providing school based mental health services to students; and serving on school district academic improvement teams.

School psychologists also evaluate students who may attend community schools and chartered non-public schools. In order for students to obtain a Jon Peterson scholarship they must first be evaluated and identified as a student with a disability. The school psychologist in the public school district where the child resides is an essential evaluation team member, and frequently responsible for seeing that the evaluation is completed.

Keeping the ratio assures that enough students will continue to enter graduate programs to both keep the university programs stable and accessible and provide enough school psychologists to school districts to serve all students at risk for academic failure and for mental health problems. This will become even more important as more currently employed school psychologists approach retirement. 

At a time when our students are facing serious academic and mental health barriers to school success, school psychologists are needed more than ever.  Please consider restoring this minimum standard, which clearly impacts on the safety and well being of Ohio’s students.

Thank you for your consideration,

 

Name

Contact Information

  1. Legislative Update 2/18/13
  2. Legislative Update 2/11/13
  3. Legislative Update 1/28/13
  4. Legislative Update 1/21/13

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