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Education Update for January  21, 2008



1) 127th Ohio General Assembly:  The Ohio House and Senate will hold
sessions and committee hearings this week.

*Last week Mark Wagoner was sworn in as State Senator representing
the 2nd Senate District, replacing Randy Gardner who is now the State
Representative of the 6th House District.  Senator Tom Niehaus was
sworn in as majority floor leader.  The Ohio Senate officially
elected Senator Ray Miller as minority leader; Senator Shirley Smith
as assistant minority leader; Senator Lance Mason as minority whip;
and Senator Capri Cafaro as assistant minority whip.

*The Ohio House selected Barbara Sears to complete the term of
Representative Wagoner for the 46th House District.

*Members of the House Education Committee, chaired by Representative
Setzer, heard testimony on the following legislation on January 15,
2008:
-HB341 (Dodd D) Nutritional/Agricultural Education.  Representative
Dodd explained how this legislation, the Healthy Farms, Healthy
Schools Act, supports nutrition and agriculture education programs
through a grant program for schools.  A similar program is operating
in Pennsylvania.

-HB406 (Peterson and Brian Williams) Eliminate Corporal Punishment:
Representatives Peterson and B. Williams presented joint sponsor
testimony on this legislation, which would ban the use of corporal
punishment in Ohio's public schools.  According to their testimony,
17 school districts still use corporal punishment and reported 500
incidents to the Ohio Department of Education last year.  29 states
have already banned corporal punishment in schools.  There is no
research that shows that using corporal punishment improves student
behavior, but there is research that shows how a number of strategies
can be used to positively influence student behavior and discipline
in schools.

-HB428 (Setzer) School Employee Misconduct:  Representative Setzer
presented sponsor testimony.  The following summary is prepared from
the Legislative Service Commission analysis of the bill:
-Requires the State Board of Education to automatically revoke an
educator license for conviction of certain convictions.
-Includes several provisions pertaining to intervention in lieu of
conviction and pre-trial diversion program.
-Permits the State Board and the Department of Education to question
a licensee or license applicant about an offense committed or alleged
to have been committed by that person, the record of which has been
sealed or expunged, without demonstrating that the question bears a
"direct or substantial relationship" to the person's license or
position, as otherwise required under current law.
-Requires the Department of Education to participate in receiving
notifications through BCII's Retained Applicant Fingerprint Database
of the arrest or conviction of licensed educators.
-Requires the Attorney General to grant access to the Ohio Law
Enforcement Gateway (OLEG) to persons employed in the Department of
Education's Office of Professional Conduct.
-Designates persons responsible under continuing law for reporting to
the Department of Education specified misconduct by licensed
educators employed by school districts, educational service centers
(ESCs), chartered nonpublic schools, county MR/DD boards, community
schools, and Science, Technology, Engineering, and Math (STEM)
schools.
-Requires the chief administrator of a community school to report
specified misconduct by a licensed educator employed by the school's
operator and working in the school.
-Grants immunity from civil liability to persons who make good-faith
reports about misconduct by licensed educators.
-Specifies that if an employee of a school district, ESC, community
school or its operator, STEM school, or chartered nonpublic school is
arrested or indicted for certain offenses, the employee must be
suspended from all duties involving the care, custody, or control of
a child during the criminal action.

-HB423 (Setzer) Teacher Compensation:  Representative Setzer
explained that this bill adds additional requirements for National
Board certified (NBC) teachers to receive stipends.  If the bill
passes, after July 1, 2008 NBC teachers would qualify for the
stipends if they were employed full time in a school building under
academic watch or emergency, or taught math, science, engineering, or
technology in grades 9-12.   NBC teachers currently receiving
stipends would continue to receive the stipends, but not receive any
increases in those stipends, unless they met the new criteria.  The
bill also permits school districts, educational service centers, and
county MR/DD boards to pay different rates above the regular salary
schedules to teachers who teach in certain areas designated by the
school's board of education.  Certain decisions regarding teacher
wage differentials, the length of the school's instructional year,
and the length of the school's instructional day are also removed
from teacher contract negotiations.

-HB347 (Setzer) Educator Licenses Requirements:  HB347 would make
several changes to Ohio's requirements for granting teacher licenses.
In her written testimony Jayne Burger, a member of the Educator
Standards Board and a National Board Certified Teacher, testified in
opposition to the bill.   Ms. Burger said that the current process,
which uses the nationally developed Praxis III exam, is
research-based and effective, while the locally developed methods
proposed in the bill would not be consistent or objective.  The
current process has led to an alignment of teacher preparation
programs with the criteria used to grant a license.  Judy Green, a
retired teacher and Praxis assessor, also testified against the bill.

*The Senate Education Committee, chaired by Senator Padgett, met on
January 15, 2008 and heard testimony on the following bills:
-SB264 (Carey) Teacher Strikes:  Senator Carey presented sponsor
testimony on this bill, which would prohibit classroom teachers from
striking, and require binding arbitration to settle unresolved
collective bargaining disputes.  According to the testimony, Ohio is
one of 13 states that allows teachers to strike.  There have been 70
teacher strikes in Ohio since 1984, and these strikes disrupt student
learning, schools, and communities.  This legislation would require
school employees to enter into the same kind of binding arbitration
process as police officers and fire fighters.

-SB270 (Cates) School Employee Misconduct:  Senator Cates explained
that the bill was in response to articles published in the Columbus
Dispatch regarding teacher misconduct.  This bill builds on the
provisions outlined in recently approved HB 190, and is a companion
bill of HB 428 (Setzer).  For more details please see HB428 above.

-SB141 (Padgett) Community School Accountability:  Paolo De Maria,
ODE Associate Superintendent for the Center for School Options and
Finance, presented sponsor testimony and summarized the current
status of community schools in Ohio.  According to his testimony
there are 65 sponsors who oversee 324 community schools educating
more than 80,000 students.  The Ohio Department of Education has
authority over those sponsors approved after April 3, 2003.  Among
other provisions, this legislation would make clear the ODE's
authority over all sponsors, and clarify other provisions in law
regarding community schools.

2)  Meetings and Hearings for January 22-25, 2008:
*The House Education Committee, chaired by Representative Setzer,
will meet on Tuesday, January 22, 2008 at 4:00 PM in hearing room
116.  The committee will hear testimony on the following bills:
-HB379 (Fessler) Historical Document - Requires the study of
specified historical documents in the high school American history
and government curriculum.
-HB428 (Setzer) School Employee Misconduct - Addresses school
employee misconduct, reporting, and discipline.
-HB347 (Setzer) Professional Educator License - Replaces Praxis III
assessment as a condition for a professional educator license.
-HB423 (Setzer) Teacher Compensation - Revises eligibility for state
stipends for National Board Certified Teachers; permits school
districts, educational service centers, and county MR/DD boards to
pay wage rate differentials above their regular salary for certain
teachers; removes certain decisions regarding teacher wage
differentials, the length of the school's instructional year, and the
length of the school's instructional day from teacher contract
negotiations.
-HB406 (Peterson) Corporal Punishment - Prohibits corporal punishment
in all public schools.

*The Senate Finance and Financial Institutions Committee, chaired by
Senator Carey, will hold hearings on January 23, 2008 at 2:30 PM in
the Finance Hearing Room.  The committee will hear testimony on SJR4
(Schuring) Lottery Profits, which requires all lottery profits and a
percentage of revenue from certain taxes to be devoted to funding
primary, secondary, and higher education.  This joint resolution was
scheduled to be heard last week, but was pulled from the agenda.

*The STEM Subcommittee of the Partnership for Continued Learning will
meet on January 24, 2008 at 3:00 PM in the Regents Main Conference
Room, Rhodes State Office Tower at 30 E. Broad Street, 36th Floor.
The subcommittee will review the request for qualifications submitted
for an Ohio-based nonprofit enterprise to coordinate public and
private STEM activities and resources, and hear an update on the
review process for STEM Schools and K-8 STEM Programs of Excellence.

3)  BOR Draft:  The Ohio Board of Regents (BOR), Eric Fingerhut
Chancellor, met on January 16, 2008 and reviewed a draft of a new
report called "The Condition of Higher Education in Ohio:  Meeting
the State's Future Needs."  The report is available online.  The BOR
is inviting the public to read the report and respond.  (Visit
http://regents.ohio.gov/board_meetings/report/index.php)

This new report, which is expected to be produced annually, includes
the conclusions of the BOR concerning the condition of higher
education in Ohio in the areas of Ohio's Economy and Its Relationship
to Education; Educational Attainment and Degree Production;
Participation; Preparation; Affordability; Institutional Context:
Breadth And Quality; Financial Condition and Productivity; and
Economic Development - Workforce Training, Research and Technology
Transfer.  According to the summary and next steps of the report, the
BOR will monitor the following ten challenges that Ohio faces:
-Projected declines in the State's youth and working age population.
-Enrolling and graduating more adults.
-Improving college-going rates directly from high school.
-Improving participation and graduation rates in educationally under
served counties.
-Improving college and university retention, graduation and two-year
to four-year transfer rates.
-Increasing the number of students taking more rigorous high school
courses, including Advanced Placement and Postsecondary Education
Opportunity courses.
-Making higher education more affordable
-Equitable financial access to 2-year colleges.
-Increasing state, federal and private investments for education and research.
-Increasing degree production while maintaining high quality.

4) University System Master Plan Revised:  Chancellor Eric Fingerhut
presented another draft of Master Plan for the University System to
the Ohio Board of Regents on January 16, 2008.  This draft included
changes to the benchmarks and several action steps. These benchmarks
were released for public comment in October and November 2007.  The
Master Plan is scheduled to be presented to the Governor and General
Assembly in March 31, 2008.  The proposed benchmarks are listed
below.  The newest draft is available at
http://universitysystem.ohio.gov.
-Access: The University System of Ohio will be a flexible, integrated
higher education provider, making the widest range of educational
opportunities available to, and raising the educational aspirations
of, all Ohioans.
-Quality: The University System of Ohio will be known for the
excellence of the teaching and learning of its faculty and students
and the reputation of its institutions.
-Affordability and Efficiency: The University System of Ohio will
enable all Ohioans to afford the education and training they need to
succeed, and will compete for those students who are choosing between
Ohio and other states or nations for their post-secondary education.
-Economic Leadership: The University System of Ohio will provide the
intellectual and organizational infrastructure to measurably improve
the economic outlook for all Ohioans.

5) Reports on Ohio's Economy:  Several monthly reports are available
online to track Ohio's economy and state budget.  The Office of
Budget and Management, J. Pari Sabety Director, publishes a "Monthly
Financial Report" which is available in the middle of the month and
tracks monthly revenues and spending at the state level.   Dick
Sheridan at the Center for Community Solutions authors "State
Budgeting Matters", which features an informative analysis of state
policies, including the budget.  The Ohio Department of Job and
Family Services, Helen Jones-Kelley Director, also issues reports
about employment and Leading Indicators each month.  Policy Matters
Ohio (http://www.policymattersohio.org/) publishes a variety of
reports on economic policy, including recent studies on labor, Ohio's
economy, and economic policy.  The following are segments from these
reports:

-The latest OBM's Monthly Financial Report (January 10, 2008)
indicates that the total General Revenue Fund for the state of Ohio
is down $106.8 million (0.9 percent) for the first half of FY08 due
to lower tax collections than estimated for the corporate franchise
tax, personal income tax, and auto sales tax.  Revenue from the
non-auto sales tax and cigarette tax are above estimates.  State
spending is also $81 million below estimates for the first half of
the year.  Spending for Medicaid is over estimate by $27.7 million
(.5 percent), and caseloads are increasing.

-The latest issue of State Budgeting Matters by Dick Sheridan,
financial consultant for the Center for Community Solutions, is
called "State Budget Challenges in the New Year" (1/17/08).  This
issue provides information about the current status of the state and
national economies and Ohio's state budget, and recommends ways for
policy makers to address a potential budget shortfall for this
biennium.

According to this report, "All of the national and state economic
problems are translated into reduced retail sales because of reduced
consumer spending, and reduced individual and corporate income taxes
resulting from higher unemployment. Unfortunately, these three
revenue sources account for 85 percent of state GRF revenues. The
state's GRF is completely reactive to economic changes and has few
components, such as property taxes, licenses and fees, to serve as
economic insulators providing some stability during economic
downturns. It is largely because of the economic volatility of the
state's GRF that the Budget Stabilization Fund, or Rainy Day Fund,
was created. Its current $1 billion-plus balance may not be adequate
to deal with the anticipated future revenue as well as spending
problems."

The report then goes on to suggest some options to promote the
long-term fiscal health for Ohio through changes in the state's tax
structure, elimination of state rotary funds, and elimination of
spending when costs exceed their benefits.

The report is available at
http://www.communitysolutions.com/store/item.asp?ITEM_ID=1325&DEPARTMENT_ID=38

-ODJFS Reports:  The Ohio Department of Job and Family Services
(ODJFS) released a report on Ohio's Leading Indicators for November
2007.  The economic indicators are a composite of six measures of
economic activity, and, according to this report, remained steady
through November 2007 for the state. This report is available at
http://lmi.state.oh.us/PROJ/Indicators/LI.pdf

An ODJFS news release dated January 18, 2008 reported a slight
increase in unemployment and a decrease in new housing permits in
Ohio over the last month. Ohio's unemployment rate increased from 5.6
percent in November 2007 to 6 percent in December 2007. This report
is available at
http://jfs.ohio.gov/releases/unemp/200801/UnempPressRelease.asp

6)  News from the ODE:

-The Ohio Department of Education announced last week that Mitch
Chester, ODE Senior Associate Superintendent, and Todd Hanes,
Executive Director for the Office of Community Schools, would be
leaving the ODE.  Mitch Chester has been selected Education
Commissioner for the State of Massachusetts.   Todd Hanes has
accepted a position as assistant superintendent of external relations
for the Franklin County Educational Service Center.

-The Ohio Department of Education, Susan Zelman Superintendent of
Public Instruction, announced on January 16, 2008 this year's Ohio's
Schools of Distinction.  This is the third year that these awards
have been presented to qualifying schools, and this year 96 schools
were selected.  To be selected at least 75 percent of all students,
including students with disabilities, must score proficient or above
on achievement tests and the Ohio Graduation Test in reading and
mathematics. For information about the recipients of awards in 2008
please visit
http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?Page=3&TopicRelationID=519&Content=43423

-The January 2008 issue of the Ides of ODE, published by the ODE
Offices of Curriculum, Instruction and Assessment, Judy Feil and
Debbie Roshto directors, includes updates on the following:

Physical Education Writing Team Committee:  A writing team is being
assembled by the Ohio Department of Education to develop benchmarks
and indicators for the standards in Physical Education recently
adopted by the State Board of Education.  The benchmarks and
indicators are to be presented to the State Board of Education in
December 2008 for approval.  The application for the Physical
Education Writing Team will be posted on the ODE Web site February 4,
2008.  The deadline for submission is February 15.

The Big Read Grant Application:  The Big Read is an initiative of the
National Endowment for the Arts (NEA) designed to restore reading to
the center of American culture, by providing an opportunity for
citizens to read and discuss a single book within their communities.
Libraries, municipalities, and non-profit organizations are
encouraged to apply for one of approximately 300 grants that will be
awarded for programming occurring between September 2008 and June
2009.  The grant application instructions specify that community
organizations develop program plans with school leaders, such as
teachers, school librarians, English department chairs, principals,
superintendents or curriculum specialists.  The application deadline
is February 12, 2008.  Aside from a grant, communities will receive
many resources, including guides for readers and teachers, and audio
guides with commentary from artists, educators and public figures.
Communities also receive publicity materials.  The NEA presents The
Big Read in partnership with the Institute of Museum and Library
Services and in cooperation with Arts Midwest.  For more information,
visit http://www.neabigread.org/.

7)  Education Trust Releases New Study:  The Education Trust, Kati
Haycock president, released on January 17, 2008 a report called "The
Funding Gap" by Carmen Arroyo.  This is the seventh annual report by
the Education Trust on school funding equity.  The report examines
how state school funding systems support school districts with high
levels of students from low-income families, minority students, and
students who are learning English, based on an analysis of federal
education statistics and census data.

Overall the study found, "The seventh funding gap report from The
Education Trust documents continued injustice in state education
funding patterns and for the first time shows how school districts
serving high percentages of English Language Learners are
shortchanged."  Nation wide for 2005 high poverty school districts
spend $938 less per pupil than low-poverty districts, and
high-minority school districts spend $877 less per pupil than
low-minority school districts.  According to the report, "Illinois is
joined by Florida, Idaho, Kansas, Maine, Missouri, Nebraska, Nevada,
New Hampshire, North Carolina, South Dakota, Tennessee, Texas,
Vermont, Virginia and Wisconsin at the top of the list of states in
which the funding gap between high- and low-poverty districts grew
between 1999 and 2005."

"From 1999 to 2005, 10 states increased funding equity by decreasing
the gaps between their high- and low-poverty school districts.
Alaska, Arkansas, Connecticut, Maryland, Minnesota, New Jersey, New
Mexico, New York, Ohio and Wyoming each took important steps toward
greater funding equity. Maryland, Ohio and Wyoming not only closed
their low-income funding gaps, they reversed them and began providing
more funding to their highest-poverty districts."

The study found that in 1999 Ohio's high-poverty school districts
received $77 less per pupil than the state's wealthiest school
districts. In 2005 the state's high poverty school districts received
$833 more per pupil than wealthy districts.

The report is available at
http://www2.edtrust.org/EdTrust/Press+Room/fundinggap07.htm

8)  Bills Introduced:

SB273 (Niehaus) Classroom Facilities:  Calculates an alternate equity
list for fiscal year 2008 for purposes of determining school
districts' eligibility for assistance under the Classroom Facilities
Assistance Program and their local shares in fiscal year 2009.

HB433 (Zehringer) Retirement Benefit Exemptions:  Exempts from the
personal income tax up to $10,000 in state and federal government
retirement benefits for taxable years beginning in 2010 and
thereafter.

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