The mission of the Ohio Fair Schools Campaign is to organize and advocate for high quality public education opportunities for all Ohio children wherever they live, whatever their race and whatever their family background.
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To:     LWVO
From:   Joan Platz
Education Update for January 22, 2007

1)  110th Congress Committee Assignments: 
Last week it was announced that Representative Dale Kildee (MI) would become chair of the House Elementary and Secondary Education Subcommittee.  He is expected to take the lead on the reauthorization of the No Child Left Behind Act, and hold hearings on NCLB in the future.  According to reports, he is interested in the testing provisions of the act.  Representative George Miller is chair of the U.S. House Education Committee.

2) Constitutional Amendment on School Funding Made Public: 
A consortium of Ohio education organizations held a news conference in Columbus on January 17, 2007 to unveil a  roposed constitutional amendment on school funding.  Jim Betts, Executive Director for the Alliance for Adequate School Funding, served as spokesperson for the consortium as they introduced their campaign called "Getting it Right for Ohio's Future".  The members of the consortium include the Alliance for Adequate School Funding, the Buckeye Association of School Administrators, the Coalition of Rural & Appalachian Schools, the Ohio Fair Schools Campaign, the Ohio Association of School Business Officials, the Ohio Association of Public School Employees, the Ohio Coalition for Equity & Adequacy of School Funding, the Ohio Education Association, the Ohio Educational Service Center Association, the Ohio Federation of Teachers, the Ohio Congress of Parents and Teachers Association, and the Ohio School Boards Association.

The consortium had on hand 5,170 signatures in support of the proposed constitutional amendment to deliver to Ohio Attorney General Marc Dann after the news conference.  Backers had to collect 1000 signatures in order to present the proposed amendment to the attorney general, who must agree that the summary of the amendment on the petition accurately reflects the proposed constitutional amendment. Once approved by the attorney general the proposed amendment moves to the Ballot Board, which writes the official ballot language.  Once the ballot language is approved by the attorney general, the proposed amendment can be filed with the secretary of state's office. Proponents can then circulate petitions that include the proposed amendment and collect the 402,276 signatures needed to put the proposed constitutional amendment on the November 6, 2007 ballot. The proposed constitutional amendment, if approved by voters, would make education a fundamental right for pupils eligible to attend public schools, and create a new system to fund public school districts in Ohio.  The amendment requires educational components to be identified, costed out, and funded by the state; requires public school districts to contribute 20 mills or less (as etermined by the General Assembly) to the education costs; outlines new responsibilities for the Ohio General Assembly, the Governor, and the State Board of Education; creates the Education Accountability Commission and the Education Advisory Commission; and activates the School Trust Fund, which is already in the constitution.  If approved by voters on November 6, 2007 the new constitutional provisions would go into effect on July 1, 2011.  Temporary provisions are included to increase the annual per pupil funding level for public school districts by five percent plus the rate of inflation during the transition to the new school funding system in FY2009-2010. The amendment also addresses phantom revenue, property tax relief for the elderly and disabled, and continuing support for higher education and the local government fund, joint vocational schools, and the Ohio School Facilities Commission's program to rebuild and renovate schools in Ohio.

The education consortium backing the proposal will be holding regional meetings to provide information about the proposed constitutional amendment sometime in February 2007.  For a copy of the proposed constitutional amendment and more information please visit http://rightforohio.org/future.php

3)  More Details About the Constitutional Amendment: 
The following is a summary of the proposed constitutional amendment.  The full amendment is available at http://rightforohio.org/future.php.

*Adds to Article VI of the Ohio Constitution Section 2a.  This new section states "The People of the State of Ohio adopt this Amendment for the purpose of defining and implementing the right of the children of our State to a thorough and efficient system of common schools as provided in Section 2 Article VI of this Constitution." Parts (A) through (K) provide for the following:

*Section (A) Definitions
Defines the terms Actual Cost, Educational Components, High Quality Public Education, Local Revenue Contribution, Public School Pupil, and Public School District.

*Section (B) Fundamental Right to a Public Education
Declares that each Public School Pupil has a fundamental right to the opportunity for a High Quality Public Education which is defined earlier as those "...educational components, programs and services necessary to prepare each Public School Pupil to carry out the duties of citizenship and to function at the highest level of his or her abilities in post-high school education programs or gainful employment."

*Section (C) Education Accountability Commission
Creates a nine member Education Accountability Commission to monitor and annually report to the Governor, the General Assembly, the State Board of Education and the public the "...extent to which the resources necessary to provide the components of a high quality public education are being delivered in a cost efficient and effective manner and the degree to which they are successful in improving pupil performance".

*Section (D) Components of High Quality Public Education
(1) Education Advisory Commission
Creates an eighteen member Education Advisory Commission to work in concert with the State Board of Education to conduct objective,
reliable, and validated studies to define the Educational Components of a High Quality Public Education each biennium.

(2)  Determination of Educational Components
Requires the Education Accountability Commission to evaluate the recommendations for a High Quality Public Education, and states that,
"The Educational components as so identified shall, when fully funded, constitute a thorough and efficient system of common schools as required by Section 2 of Article VI of this Constitution."

(3)  Determination of Educational Costs
Requires the State Board of Education to determine the Actual Cost of the recommended Educational Components and all other requirements imposed by law, and certify those costs to the General Assembly, the Governor, and the Treasurer of State.  Actual Costs shall also include appropriations for educational service centers and joint vocational schools or successor organizations providing similar services.

(4) Public School Facilities
Requires the General Assembly to ensure safe, educationally adequate, and code compliant school facilities effective January 1, 2012. Funding for such facilities shall be included in the Capital Improvements Programs (Article VIII, Section 2e).  The General Assembly may require school districts to levy up to five mills for new or renovated school facilities.

*Section (E) State Funding of High Quality Education
(1) Deposit to the School Trust Fund
Directs the General Assembly to deposit into the School Trust Fund (which is already in the Constitution) sufficient funds to ensure the
availability of a High Quality Public Education to each Public School Pupil.  The amount deposited, together with the School District Local
Revenue Contributions, "shall equal or exceed the statewide Actual Cost as certified by the State Board of Education."  The deposits
will include the revenue collected from the state lotteries and other state taxes, and will be distributed to each School District.  "No
School District or joint vocational school district shall receive any greater amount from the School Trust Fund than that which, when
combined with the district's required School District Local Revenue contribution, exceeds the amount necessary to ensure the opportunity
for a High Quality Education for each of the Public School Pupils of the Public School District for any year."

(2) Local Contribution
States that the maximum required Local Revenue Contribution shall not exceed the proceeds of twenty mills of equivalent millage taxes; property taxes for the Local Revenue Contribution shall be exempt from the rate reduction factors authorized by Article XII, Section 2a (HB920 tax reduction factor); the tax rate reduction factors will continue to apply to property taxes in excess of twenty mills; the taxable value of real property and improvements shall not exceed thirty-five percent of true value; the Local Revenue Component for joint vocational school districts shall not exceed one-half mill of property taxation, and up to two mills shall be exempt from the rate reduction factors; and the General Assembly may reduce or increase the Local Contribution, but the rate shall not exceed twenty mills.

(3) Legislative Override
States that the General Assembly may, by three-fifths majority vote of each house, determine alternative costs providing that the Educational Components remain the same.  "Any plan of alternate educational costs shall be subject to direct judicial review by the Ohio Supreme Court to determine if such plan complies with the mandate to provide a thorough and efficient system of common schools..."

*Section (F) Judicial Review and Enforcement
Allows enforcement of these provisions by a writ of mandamus in the Ohio Supreme Court.

*Section (G) Public Higher Education
States that total state funding for Ohio's post high school public education programs shall not be less than that provided for fiscal year 2007, and shall be increased by not less than the same percentage by which the state's personal income has increased.

*Section (H)  Local Funding for Additional Opportunities
Allows Public School Districts to continue to levy taxes to provide "educational opportunities in addition to the Educational Components as determined by the State Board of Education."

*Section (I)  Local Government Trust Fund
Directs the General Assembly to create and maintain a Local Government Trust Fund and appropriate an amount that is not less than the amount distributed to such local government entities for fiscal year 2006, increased annually by the same percentage by which the state's personal income has increased.

*Section (J) Property Tax Value Exemption
Reduces the rate of public school district and joint vocational school district Local Revenue Contribution taxes levied to reflect an exemption on the first forty thousand dollars of market value on owner-occupied residences owned by persons sixty-five years of age or older, or by individuals who are totally and permanently disabled.

*Section (K) Temporary Provisions
Establishes a timeline for implementation, an increase in the annual per pupil state funding level guarantee in 2009-2010, and temporary guarantees.   Phases-in the School District Local Revenue Contribution over six years (reduced in six equal increments) for Public School Districts with more than twenty equivalent mills and up to 34 equivalent mills, and prevents Public School Districts or joint vocational school districts to reduce any rate of taxation for current operating expenses below that required for the School District Local Revenue Contribution during the first nine years following approval of the Amendment.

4) Background About the Proposed Constitutional Amendment: 
The constitutional amendment proposed by the consortium of education organizations is the result of a decades old controversy over the best way to fund Ohio's primary and secondary schools.  State funding for primary and secondary education accounts for 39 percent ($16.8 billion) of the General Revenue Fund Budget in FY06-07, but it is also important to remember that local taxes, including property and income taxes for schools, contribute another $17 billion to school funding over the biennium.  The state must also provide funds in the
state's biennial budget for other services including higher education ($5 billion); Human Services ($12 billion); Corrections ($3.5 billion), and more.  Controversy over school funding is not unique to the state of Ohio.  According to the National ACCESS Network, legal challenges to state school funding systems have been brought in 45 out of 50 states.  (Please visit http://www.schoolfunding.info/litigation/litigation.php3 for more information.)  There is also a national debate about the lack of federal dollars to adequately support federal mandates for special education and the No Child Left Behind Act.

The Ohio Supreme Court issued four decisions declaring Ohio's system of funding schools unconstitutional between 1997-2002.  Since that
time the General Assembly, school funding advocates, and stakeholders, including the business community, have been
unsuccessful in their efforts to fix the school funding system.  The most recent effort, the Governor's Blue Ribbon Task Force on
Financing Student Success, was established by Governor Bob Taft in 2003.  The Commission released its recommendations in February 2005,
and some of those recommendations were included in the FY06-07 state budget (126-HB66).  However, recommendations to eliminate over
reliance on property taxes to fund schools and address phantom revenue were not implemented, and education advocates believe that
the per pupil level in the state's biennial budget does not reflect the actual cost per pupil of a high quality education.
The new proposed constitutional amendment reflects the work of education organizations and the Mayors' Roundtable since the
beginning of 2006.  Preliminary work on a proposed constitutional amendment started even before the Blue Ribbon Taskforce meetings,
when the Ohio School Boards Association brought together education organizations in 2002 to outline a new school funding plan either
through legislation or a constitutional amendment.  Several education organizations also backed the proposed constitutional amendment
called Educate Ohio, which failed to get enough signatures in 2006 to qualify for the ballot.

All of these efforts paved the way for the current proposal, which represents a delicate compromise among many stakeholders, who
represent diverse school districts, communities, and education organizations with different needs.  In fact the Mayors' Roundtable
backed away from supporting the proposed constitutional amendment a day before the consortium held its press conference on January 17,
2007, citing the proposal's lack of specifics regarding total costs and revenue sources.  Governor Strickland has also withheld his
support, proposing instead that stakeholders come together and recommend legislative changes to fix school funding, and use the
constitutional pathway only if the legislative path fails.  In addition, the State Board of Education accepted two weeks ago a
document entitled "A New Direction for Ohio's School Funding: Designing a System that Relates Resources to Results" which includes
a set of principles that will help the Board make future decisions about proposals to improve Ohio's system of funding schools.  (See
http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEPrimary.aspx?Page=2&TopicID=1367&TopicRelationID=1369)

5)  What are Proponents and Opponents Saying About the Proposed Constitutional Amendment So Far?:
According to proponents, Getting it Right for Ohio's Future, the proposed constitutional amendment will do the following:

        *Amends the Ohio Constitution to establish that a high-quality education is a fundamental right for every Ohio child

        *Determines levels of funding based on student need for all types of students, including special education, vocational education, gifted or economically disadvantaged

        *Eliminates "phantom revenue" of untaxed property value calculations by the state, thereby reducing the need for local tax levies

        *Exempts Ohio seniors and disabled citizens from property taxes on the first $40,000 of the market value of their homes

        *Creates an independent commission appointed by Ohio's top elected leaders - the governor, speaker of the House and Senate president - that monitors districts to ensure that high-quality educational opportunities are available to students in a cost-effective manner

        *Directs the independent commission to report annually to the governor, General Assembly, State Board of Education and the public

        *Creates and maintains a permanent local government fund to support police and fire departments, libraries and other local government services that support Ohio schools, our citizens and Ohio's ability to compete for jobs

        *Establishes a system that ensures total state funding for Ohio's public institutions of higher education receive no less than the
amount provided in 2007 and increases annually based on the state's personal income percentage."

According to opponents, the proposed constitutional amendment will do the following:
        *Fails to include the total cost, or identify a source for new revenue, which may compromise the budgets of other state priorities.

        *Imposes a massive tax increase -- at least a 38% increase in state income tax, or a 43% increase in the state sales tax to just fund schools in FY2007. (See Senator Kevin Coughlin's press release.)

        *Allows school districts to pass additional levies over and above 20 mills.

        *Fails to provide property tax relief to all Ohioans.

        *Fails to reduce the disparity between the rich and poor school districts.

        *Ignores the improvements in school funding that have been made since the DeRolph case was filed, and ignores the increases in state
funding.

        *May provide a windfall for wealthy districts with high millage rates.

        *Alters the responsibilities of the General Assembly and the Governor regarding the budget.

For a written response to the proposed constitutional amendment please see Senator Kevin Coughlin's press release at http://www.kevincoughlin.com/news/release.aspx?id=96.

6)  127th General Assembly: 
Last week Senate President Bill Harris announced the membership of Senate Committees.  Ohio House and Senate leaders also released the membership of some jointly appointed committees.  Membership on the House committees have not been announced yet.  The following appointments were made last week:

*Senate Education:  Chair Senator Joy Padgett; Vice Chair Senator Cates; Ranking Minority Member Senator Roberts; Senators Carey, Gardner, Jacobson, R. Miller, Morano, and Mumper.

*Senate Finance and Financial Institutions:  Chair Senator Carey; Vice Chair Senator Stivers; Ranking Minority Member Senator D. Miller; Senators Amstutz, Austria, Cates, Clancy, Gardner, Kearney, R. Miller, Niehaus, Padgett, and Roberts.

*Senate Rules:  Chair Senator Harris; Vice Chair Senator Jacobson; Ranking Minority Member Senator Fedor; Senators Austria, Carey, Gardner, Mason, R. Miller, Roberts, Schuring, and Spada.

*Ways and Means and Economic Development:  Chair Senator Amstutz; Vice Chair Senator Spada; Ranking Minority Member Senator Zurz; Senators Cates, Coughlin, Goodman, Kearney, D. Miller, Roberts, Schaffer, Schuler, and Stivers.

*Controlling Board:  Senators Carey, Stivers, R. Miller, and Representatives DeWine, Flowers, and Sykes

*eTech Commission:  Representatives Setzer and Garrison

*Legislative Task Force on Redistricting, Reapportionment, and Demographic Research:  Representatives DeWine, Driehaus; and Ray DiRossi (public member)

7)  Board of Regents Releases Performance Report: 
The Ohio Board of Regents, Donna M Alvarado chair, met last week in Columbus and released on January 17, 2007 their seventh annual "Performance Report for Ohio's Colleges and Universities."  The report describes higher education in Ohio, including student preparation, progress, and licensure and employment outcomes; research and job-training activities; and basic financial information about costs, state support, and financial aid.  The report is published in two documents.  Section I includes a summary of statewide information and
Section II includes data for individual colleges and universities. Both sections are available at http://regents.ohio.gov/perfrpt/2006/index.php

The report also includes "Questions and Answers from the Performance Report for Ohio's Colleges and Universities, 2006" and refers to pages in the documents for more information.  This section is easy to read, and provides quick answers to questions about enrollment, opportunities, student preparation, remediation; affordability; efficiency compared to other institutions in the US, and more.

8)  News from the Ohio Department of Education:
*Update on the Rules for Gifted Education:  The ODE Office of Exceptional Children is seeking comments by February 19, 2007 regarding the five year review of the rules for gifted education (Ohio Administrative Code 3301-51-15).  The rules cover services, screening and identification, testing and assessment, written education plans, personnel, funding and accountability.  For more information please visit
http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?page=3&TopicRelationID=962&Content=15848

*The 2006-2007 Ohio Educational Directory is now available in a PDF on the ODE website at
http://www.ode.state.oh.us/GD/Templates/Pages/ODE/ODEDetail.aspx?page=3&TopicRelationID=376&ContentID=8244&Content=12845

9)  Just in Case You Missed Them.... 
Each year Gerald W. Bracey issues the Rotten Apples in Education Awards, which humorously captures some of the controversial education related research reports, news articles, books, and events of 2006.  This year the awards go to Secretary of Education Margaret Spellings (NCLB); Neil Bush and Barbara Bush (Ignite Learning); Tim Mooney, Patrick Byrne,
and George Will (65% Solution); Thomas Friedman (The World is Flat); Fortune Magazine and National Academies (fact-checking); New Commission on 21st Century Skills; Texas Education Agency; SRA/McGraw Hill; Jeb Bush and Liberty Partners; and ABC-TV's John Stossel.  To read more about The 2006 Rotten Apples in Education Awards please
visit http://www.america-tomorrow.com/bracey/EDDRA/
 
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