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Saturday, January 18, 2014

ISTA wins lawsuit on teacher wages

January 17, 2014

An ISTA lawsuit on behalf of the Nettle Creek Classroom Teachers Association has resulted in the overturning of a decision by the Indiana Education Employment Relations Board (IEERB) on teacher wages.

Marion County Superior Court Judge Thomas Carroll ruled that “school corporations and teacher associations can bargain additional wages for hours worked over the number of hours contained in a regular teacher's contract.”

The lawsuit may result in Associations being able to bargain with school corporations for hours required to be worked outside a teacher’s regular teacher’s contract.

In his decision, the Judge specifically held that a bargaining proposal made by the Nettle Creek TA was bargainable under Indiana law. The proposal stated that teachers would work an additional 15 hours per semester for $0/hour and then be paid $34/hour for any additional required hours.

Judge Carroll also cited a previous ISTA court victory regarding the “regular teacher’s contract” proposed by Tony Bennett in 2011 that would have allowed schools to make teachers work unlimited hours.
Judge Carroll supported his decision with a ruling in that case where the Judge had held that “the regular teacher’s contract drafted by Bennett is unconscionable in that it gives school corporations the authority to unilaterally modify the number of days and hours that a teacher must work, but it does not require the school corporation to pay for the additional labor or any other additional consideration.”

Nettle Creek was the first school to go to Fact Finding under the new laws that went into effect in 2011. ISTA filed a lawsuit in April of 2012 challenging the Indiana Education Employment Relations Board’s decision in Nettle Creek.

This victory is a definite setback for the IEERB which continues to include in its Fact Finding decisions that teachers can be required to work unlimited hours without additional pay so long as the work relates to a teacher’s teaching duties.

ISTA will continue to fight these unjust decisions and protect teachers’ rights against being made to work an unlimited number of hours per day with no additional compensation.

Keep up to date on education ISTA Blog: www.ista-in.org

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Saturday, January 11, 2014

ISTA Action Alert!

Testimony Needed for impending teacher licensure rule changes -- aka REPA III

The following is from ISTA.
~~~

Educator testimony is needed immediately for the upcoming teacher licensure rule changes known as REPA III.

Background
Former Superintendent Tony Bennett forced REPA II through the State Board of Education in his last days in office (January 2013). The new rules were hurried through the approval process before then Superintendent-elect Glenda Ritz could take office.

REPA II was a major step in de-professionalizing teaching by “ed reformers”.

REPA III
REPA III is basically the final version of REPA II that was adopted by the State Board of Education in January 2013. Some technical revisions have been made at the request of the Attorney General and Legislative Services Agency. But, the starting version of REPA III is to a significant degree the end version of REPA II.

So….REPA III is essentially REPA II.

The full REPA III proposal can be read here: http://www.in.gov/legislative/iac/20131218-IR-511130399PRA.xml.pdf

Offering your testimony
When preparing your testimony, consider at least these points:
  • REPA II was forced on teachers and serves to de-professionalize teaching—teacher input in some fundamental areas has not been incorporated in REPA III:
  • ARTICLE 16: ADJUNCT TEACHER PERMIT (511 IAC 16-4-6): REPA III enables a person with a BA who passes a content exam to become fully-licensed on a five-year cycle to teach in Hoosier classrooms. In essence, it enables a person to become a teacher without demonstrating an understanding of teaching. Understanding methods, manners of student learning, and strategies for special needs should be minimal qualifications. REPA III provides an avenue into the classroom based solely on a BA and content knowledge testing. Passing a content examination certainly does not guarantee quality of instructional ability nor demonstrate the art and science of teaching. Pedagogical ability is left out of the equation.
  • Special education students could end up having teachers who lack the appropriate training.
  • REPA 2 sets the bar too low to enter the profession.
  • There has been a complete lack of evidence to merit these major changes.
  • ARTICLE 13: ACCREDITATION OF TEACHER PREPARATION PROGRAMS (511 IAC 13-1-1): REPA III refers to an accredited teacher preparation program as being “an organization recognized by the state board of education to prepare educators to meet requirements for licensure.” This doesn’t offer any real or meaningful definition and is far too open-ended. An accredited teacher preparation program is not “an organization” but is a university-based, rigorous course of study—as is the case with any other profession.
  • Article 15: SCHOOL SETTINGS AND LICENSE CONTENT AREAS (511 IAC 15): Please review your individual licensure school setting and content area and make appropriate comments thereon.
Submitting your testimony
Educators have two options for submitting feedback and testimony.

In person
Educators have the opportunity to testify in person at three hearings being held around the state. While it would have been nice if those hearings concerning teachers and teaching could have been convened in the evenings when teachers might be able to attend, it is our understanding that the hearing dates and times were set by the non-partisan Legislative Services Agency. At any rate, members can attend in person and personally present testimony likely limited to five minutes. The hearings will be held at the following locations and times:
January 13, 2014 at 10:00 a.m.
St. Joseph County Public Library, Main Branch, Colfax Auditorium
304 South Main Street
South Bend

January 14, 2014 at 9:00 a.m.
Indiana Government Center South
402 West Washington Street, Conference Center Room A
Indianapolis

January 16, 2014 at 9:30 a.m.
Evansville Public Library, McCullough Branch Meeting Room
5115 Washington Avenue
Evansville
Written
Written testimony should be submitted to the State Board of Education here: http://www.in.gov/sboe/REPAIIIcomment.htm

If submitting written testimony, we ask that you please copy and paste your testimony into an email to each State Board of Education member. This will ensure that they receive your full and complete testimony rather than risk having it be summarized by CECI staff (the Governor’s Education Agency).The State Board members are:

Supt. Glenda Ritz - gritz@doe.in.gov
Tony Walker - tony@walkerlawgroup.biz
Dr. David Freitas - drdavidfreitas@comcast.net
Cari Whicker - cwhicker@hccsc.k12.in.us
Sarah O’Brien - sobrien4cd@yahoo.com
Andrea Neal - aneal@inpolicy.org
Dr. Brad Oliver - brad4education@gmail.com
Daniel Elsener - delsener@marian.edu
B.J. Watts - bj.watts@evsc.k12.in.us
Troy Albert - talbert@wclark.k12.in.us
Gordon Hendry - education@gordonhendry.com

If you are a public school educator or support professional, please email the board members from home and on your own personal time.

Wednesday, January 8, 2014

Vic’s Statehouse Notes #164 – January 8, 2014

Dear Friends,

Governor Pence and his education staff have pushed forward new rules to lower standards for getting teacher and administrator licenses. Advocates for maintaining high standards to qualify for licenses need to make their objections known in hearings to be held next week—Jan. 13th in South Bend, Jan. 14th in Indianapolis, and Jan. 16th in Evansville. The Governor has picked the worst time of winter to hold these hearings, but it is vital that a strong showing of opposition to reviving Dr. Bennett’s plan to lower standards be registered at the hearings.

Details on the Hearings

In papers filed on December 18th by the Governor’s Center for Education and Career Innovation, the three hearings will be as follows:

Jan. 13, 2014 – 10:00am - South Bend - St. Joseph County Public Library, Main Branch, Colfax Auditorium, 304 South Main Street, South Bend, Indiana

Jan. 14, 2014 – 9:00am – Indianapolis – Indiana Government Center South, 402 West Washington St., Conference Center Room A, Indianapolis, IN

Jan. 16, 2014 – 9:30am – Evansville – Evansville Public Library System, McCullough Branch, Meeting Room, 5115 Washington Avenue, Evansville, IN

For those who can’t attend a hearing but want to be heard on this issue, written comments may be submitted at: www.in.gov/sboe/REPAIIIcomment.htm

To get a full copy of REPA 3, go to the IDOE website to the Office of Educator Licensing and Development and look for the box announcing the hearings and the availability of the 82-page REPA 3 document.

The box contents is below:
Here is the link to the notice of the public hearings in the Indiana Register:
http://www.in.gov/legislative/iac/20131218-IR-511130399PHA.xml.pdf.

The document containing the proposed rule changes is found here:
http://www.in.gov/legislative/iac/20131218-IR-511130399PRA.xml.html

An online public comment site is open now at the following link:
http://www.in.gov/sboe/REPAIIIcomment.htm
Background to REPA 3

In 2010, after several controversial meetings on “Rules for Educator Preparation and Accountability” (REPA), Dr. Bennett got his first set of licensing changes passed by the State Board. That didn’t satisfy him, and he brought a second set of licensing changes to lower standards in 2012, which became known as REPA 2.

He allowed only one public hearing on REPA 2 on June 21, 2012. The Riley Room at IDOE was full that day and every speaker was opposed to the rule, 30 in all. Teacher education leaders from all over Indiana dubbed the proposals unnecessary and harmful to the effort to put well-trained teachers in every classroom. One of the speakers opposing REPA 2 that day was Dr. Brad Oliver, teacher educator at Indiana Wesleyan, who is now a member of the State Board.

After the June hearing, Dr. Bennett let State Board action on REPA 2 sit until December, 2012, the first meeting after his reelection defeat. I have always assumed that he didn’t want a controversial debate over lowering standards for teachers to be a prominent issue during the election campaign. As soon as the election was over, he brought the issue back during his lame duck authority. During the December 2012 board meeting, there was so much debate about the final wording among the State Board members that it had to be reworked and brought back to the January 2, 2013 meeting, just days before the end of his term and the inauguration of State Superintendent Ritz. A confusing passage about pedagogical training for the otherwise untrained adjunct teacher licensee was approved.

When the Attorney General’s office reviewed what the State Board had changed in the published rules, they halted implementation of the rules based on procedural problems in the rule-making process. The Attorney General’s ruling meant clarifications had to be drafted and additional public hearings had to be scheduled. State Board member Tony Walker, apparently eager to implement REPA 2, expressed great frustration about the delay during one State Board meeting. Teacher educators, in contrast, were pleased by the Attorney General’s ruling and hoped it would mean the end of REPA 2.

Now, a year later, the Governor’s Center for Education and Career Innovation Attorney Michelle McKeown resubmitted the rules in the Indiana Register on December 18th and scheduled three public hearings for January. This version is now being called REPA 3.

Every Hoosier knows that January is the best month to get the public to come out for public hearings, especially during a winter of record setting bad weather.

What Problems in REPA 3 Should Concern Public School Advocates?

There are many problems in the 82 pages of REPA 3, and I will leave many technical problems to teacher education leaders. I will focus on four proposals that I am convinced will lower standards and hurt public education.

Problem #1 – Lower standards for a teaching license

Graduates with a only a bachelor’s degree can already get temporary licenses for shortage areas, but now REPA 3 proposes to let any graduate with a bachelor’s degree get a five year renewable license if they have passed the content area licensure assessment for their teaching area. The proposed rule (16-4-6) would give an adjunct teacher permit to anyone who “has a bachelor’s degree with at least a 3.0 GPA on a 4.0 scale in a content area related to that which the applicant intends to teach.”

Does that wording mean an overall 3.0 or does it mean a 3.0 only in the content area courses related to the teaching assignment? That is only one of many questions that need clarification.

This proposal defames the term “adjunct”, a university term which currently means “part-time” or “paid by the course”, but does not mean undertrained or without credentials. Indeed, adjunct professors at the university level often have outstanding credentials.

The bigger problem is the assumption that pedagogical training is a trivial part of becoming a teacher. Why would anyone bother to look into a School of Education teacher training program, especially a rigorous one, if they know they can teach with any bachelor’s degree after passing a content area test? Has the Governor concluded that to know something is to be able to teach it to students? We know better.

The Indiana University School of Education was founded in 1908 and Ball State University began as a teachers college in 1918. We now have 100 years of experience in Indiana in training effective teachers, and the Governor is proposing rules that would throw all of that out and let anyone teach who has a bachelor’s degree. That doesn’t make sense.

Even Dr. Bennett’s State Board couldn’t go along with that radical departure from best practice in the December 2012 meeting referred to above. State Board member Neil Pickett made a motion to add a pedagogical component to the adjunct teacher permit. Some later called it “pedagogical light.” That led to the confusion that delayed the proposal, but now it is back with new wording.

The new wording in 511 IAC 16-4-6 (c) is as follows:
     (c) The adjunct teacher permit is renewable after five (5) years upon completion of all of the following:
(1) The applicant was employed in the P-12 schools for at least three (3) of the five (5) years the permit was valid.
(2) The applicant received a rating of effective or highly effective in three (3) of the five (5) years of the validity of the permit based on an evaluation that meets the components outline in IC 20-28-11.5.
(3) The applicant completed the pedagogy component under subsection (d) during the validity of the first five (5) year permit.
Please note that adjunct permit teachers can teach for five full years even if they are not rated effective or highly effective. While other parts of REPA require 10 weeks of student teaching instead of 9, the “Adjunct Teacher Permit” allows teachers to teach for five years who have had no student teaching. This is a bad idea which negates all that we have learned about preparing teachers in the past century.

Problem #2 – No provision is made for state approval of the providers of the pedagogical component.

The rule suggests that in the delivery of the pedagogical component for untrained teachers, anything goes. After a year of work, the pedagogical component now reads as follows, in 511 IAC 16-4-6:
     (d) An adjunct teacher pedagogy component must be completed and must address all of the following areas:
(1) Literacy for adolescents in content areas and across the curriculum based on scientifically-based reading research.
(2) Differentiation of instruction and instructional methods, including methods for students with exceptional needs.
(3) Classroom and behavioral management, including legal rights and responsibilities of teacher and student.
(4) Curriculum development, lesson planning, assessment strategies, and using data to inform instruction.
(5) Psychology of child development, including the development of exceptional needs students.
(6) Competence in multicultural awareness and technology as an aid to education.

     (e) The adjunct teacher pedagogy component may be delivered through school-based professional development, college or university based course work or professional development, an entity that is not an institution of higher education, or a professional education organization. Completion of the pedagogy component must be verified by the provider.
While the six areas are a worthy list, the providers for the pedagogy component named in (e) above are not supervised or approved by IDOE or by the State Board. For-profit groups could qualify as providers with no supervision by anyone to monitor quality. This paragraph would swing the door open to private for-profit pedagogical training of uncertified quality, a result that stands in stark contrast to university programs that must meet high standards of accreditation. This pedagogical component must be made accountable to someone. The fact that it is not accountable is more reason to deep-six the whole flawed concept of adjunct licenses.

Problem #3 – Lower standards for a principal license

REPA 3 removes the requirement that candidates earn a Master’s Degree to get a principal license. This degrades the licensing of all current principals who found the commitment to earn a Master’s degree, and guarantees that the next generation of school principals will have less training than the current generation.

Also, a new provision allows the appointment of “Temporary Building Level Administrators” at the request of a local school board. Under great pressure from Governor Daniels, a license for a “Temporary Superintendent” was allowed in rules passed in 2010 (REPA 1). That plan did not go so far as allowing for temporary principals on the same basis, but REPA 3 does go that far. This concept reverses the reforms of the early 20th century when cronyism and nepotism influenced the appointment of administrators in many local communities. The reform of that era was to have administrative candidates show that they were qualified in the eyes of impartial licensing agents, the university administrator programs. This provision throws the door open again to local cronyism. This is the kind of local control that no one is asking for. This provision cheapens the credentials of all administrators who have worked hard to pass the existing credential requirements and are now told they weren’t really necessary.

Problem #4 - Lower standards for a superintendent license

Governor Pence has shown no respect to superintendents. He signed a bill in 2013 saying superintendents did not need a teacher license or a superintendent license. He failed to appoint a superintendent to the State Board of Education, the first time since the State Board was established in 1984 that a superintendent has not been a member. Now, REPA 3 says that to get a superintendent license, an Educational Specialist (Ed.S.) degree is no longer required. This degrades the credentials of all current superintendents who earned an Ed.S. and contributes to the notion supported by the Governor’s actions that anyone can be a superintendent without specific training. This will clearly lower the standards for the next generation of superintendents.

What Can You Do About This?

In summary, the REPA 3 rules lower standards for teaching licenses, for principal licenses and for superintendent licenses in ways that have not been supported in previous public hearings. How long can the State Board keep moving in directions opposed by the majority of Indiana education stakeholders?

Here are your options if you would like to speak up on this issue:
1. Attend one of the public hearings next week and sign up to speak. Anyone who signs in before the start time has the right to speak for at least 3 minutes. Sometimes they allow 5 minutes. Say what is on your mind, asking for changes in these or other sections of REPA 3. It is important that the State Board members hear from parents, community leaders and educators representing many geographic areas of Indiana.

2. Emails or call members of the State Board of Education to express your opposition. A majority of the State Board (6 of 11) are new since Dr. Bennett pushed REPA 2 through in January 2013. One new member, Dr. Oliver, opposed REPA 2 in public hearings. It’s not at all clear that all the State Board members are with Governor Pence in pushing the lower standards of REPA 3. Let them know how you feel.

3. Complain loudly to your State Senators and State Representative about what the Governor and the State Board have proposed in REPA 3. They can’t control the State Board on this vote, but when the State Board asks for the budget to pay for additional staff, members of the General Assembly will have been informed by you of the problems in this proposal and the overreach of authority by the State Board.

4. Inform the public through the media where possible. Let the public know that the new direction that voters asked for in the 2012 election is being ignored by the Governor and that standards for teachers and principals in Indiana classrooms are being lowered.
It is an open question whether grassroots citizens, parents and educators have any passion left to speak out on the issue of lowering standards for teachers and administrators.

I hope so.

Thank you for your advocacy for highly trained teachers and for public education!

Best wishes,

Vic Smith


ICPE has worked since 2011 to promote public education in the Statehouse and oppose the privatization of schools. The 2014 session of the General Assembly has begun. Joel Hand will again serve as ICPE lobbyist for the session. We need your membership to help support his work. Many have renewed their memberships this fall, and we thank you! If you have not done so since July 1, the start of our new membership year, we urge you to renew by going to our website.

As the session begins, ICPE has about half of what we will need to fund our lobbying efforts, a vast improvement over previous sessions in 2011, 2012 and 2013 when we started from zero each session. With your membership support, we have raised the money each session, and we must do so again. We need additional members and additional donations. We need your help and the help of your colleagues who support public education! Please pass the word!

Go to www.icpe2011.com for membership and renewal information and for full information on ICPE efforts on behalf of public education. Thanks!

Some readers have asked about my background in Indiana public schools. Thanks for asking! Here is a brief bio:

I am a lifelong Hoosier and began teaching in 1969. I served as a social studies teacher, curriculum developer, state research and evaluation consultant, state social studies consultant, district social studies supervisor, assistant principal, principal, educational association staff member, and adjunct university professor. I worked for Garrett-Keyser-Butler Schools, the Indiana University Social Studies Development Center, the Indiana Department of Education, the Indianapolis Public Schools, IUPUI, and the Indiana Urban Schools Association, from which I retired as Associate Director in 2009. I hold three degrees: B.A. in Ed., Ball State University, 1969; M.S. in Ed., Indiana University, 1972; and Ed.D., Indiana University, 1977, along with a Teacher’s Life License and a Superintendent’s License, 1998.

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Sunday, January 5, 2014

January 9th Meeting

The ISTA-Retired Allen County Chapter will meet Thursday, January 9, 2014 at 12 o'clock noon at Atz's Ice Cream at 211 E. Tillman Road, Fort Wayne, IN. Karen Francisco, Editorial Page Editor for the Journal Gazette will be our speaker. Her topic is "How to write and publish a letter to the editor." We will also have updates on what is happening with FWCS and the legislature.

Just a reminder: please bring books to give to Southwick Elementary School. We are starting to collect books now so that hopefully we will have enough to give to the Kindergartners this year. They have over 100 children.

We hope to see you all at Atz's. Please come and bring your spouse and/or a friend.

Please RSVP by January 6, 2014 to Dorthy Epple at dmepple@aol.com or call FWEA at 1-800-638-7649. Thanks.

Happy New Year,

Monday, December 23, 2013

Vic’s Statehouse Notes #163 – December 23, 2013

Dear Friends,

After opening with unanimous approval of a revised agreement on meeting procedures that had been negotiated earlier in the week, Superintendent Ritz and the State Board of Education efficiently completed a substantive meeting, adjourning at 1:30 compared to the 4:00pm adjournment of recent meetings.

School letter grades using Dr. Bennett’s old formula were approved by the Board by a vote of 9-1, with the dissent of Board Member Andrea Neal.

The State Board’s Executive Director on the Governor’s Center for Education and Career Innovation (CECI) staff announced that the state hearings on REPA 2/REPA 3 rule changes are scheduled for January 13, 14 and 16 in South Bend, Indianapolis and Evansville, respectively. All teachers and teacher educators should know that the effort to lower standards for teachers and administrators now known as REPA 3 are back and that the January hearings offer the public’s best opportunity to convince the State Board that these rule changes should be rejected. Details are below.

School Letter Grades


Using Dr. Bennett’s old system, school letter grades on the whole went up. More A’s and B’s and fewer C’s, D’s and F’s were recorded statewide than in 2012. There were many schools that experienced wild swings in grades which was attributed to the weaknesses in the growth section of the system. Much was said in the meeting about the new A-F system to come, which it was said will be used two years from now for the 2014-2015 student data.

It can’t be soon enough.

REPA 2/REPA 3

I was unaware until the Dec. 20th meeting that REPA 2 is back and the public hearings are scheduled for three weeks from now. That is your unwelcome December surprise.

REPA 2 was Dr. Bennett’s parting shot to try to lower standards for getting teacher and administrator licenses. He asked the State Board to pass the revised rules in December of 2012 after his election defeat. They were passed but with so many amendments that the Attorney General ruled that the rules could not be finalized until they were clarified and given another round of public hearings.

The CECI has now picked up the ball and is calling them REPA 3. They contain at least four really bad ideas:
1) Individuals with any four year degree can get a 5-year “Adjunct” teaching license.

2) Training required to get a principal’s license would be reduced.

3) Training required to get a superintendent’s license would be reduced.

4) Administrative certification can be offered by non-higher education organizations. Whether for-profit private organizations can become training sites for administrators and adjunct teachers is not clear but remains a possibility that should be clarified before the hearings.
The hearings are in South Bend, Indianapolis and Evansville as announced in the Indiana Register:
Notice is hereby given that on January 13, 2014, at 10:00 a.m., at the St. Joseph County
Public Library, Main Branch, Colfax Auditorium, 304 South Main Street, South Bend, Indiana;
AND
on January 14, 2014, at 9:00 a.m., at the Indiana Government Center South, 402 West Washington Street, Conference
Center Room A, Indianapolis, Indiana;
AND
on January 16, 2014, at 9:30 a.m., at the Evansville Public Library System, McCullough Branch, Meeting Room, 5115 Washington Avenue, Evansville, Indiana,
the Indiana StateBoard of Education will hold public hearings on proposed changes to Title 511 of the Indiana Administrative Code
Since Dr. Bennett had the REPA 2 passed in January of 2013, there are six new members of the State Board, so it is time to contact them about correcting this proposal. One new member, Brad Oliver, testified against REPA 2 in its only hearing in June of 2012.

Thank you for your advocacy for highly trained teachers and for public education!


Best wishes,

Vic Smith


ICPE is working to promote public education and oppose the privatization of schools in the Statehouse. We are preparing for the next session of the General Assembly beginning January 6th. Joel Hand will again serve as ICPE lobbyist for the session. We need your membership to help support his work. Many have renewed their memberships this fall, and we thank you! If you have not done so since July 1, the start of our new membership year, we urge you to renew by going to our website.

We need additional memberships to pay for our lobbying efforts which begin in January and to carry on our advocacy for public education. We need additional members and additional donations. We need your help!

Go to www.icpe2011.com for membership and renewal information and for full information on ICPE efforts on behalf of public education. Thanks!


Some readers have asked about my background in Indiana public schools. Thanks for asking! Here is a brief bio:

I am a lifelong Hoosier and began teaching in 1969. I served as a social studies teacher, curriculum developer, state research and evaluation consultant, state social studies consultant, district social studies supervisor, assistant principal, principal, educational association staff member, and adjunct university professor. I worked for Garrett-Keyser-Butler Schools, the Indiana University Social Studies Development Center, the Indiana Department of Education, the Indianapolis Public Schools, IUPUI, and the Indiana Urban Schools Association, from which I retired as Associate Director in 2009. I hold three degrees: B.A. in Ed., Ball State University, 1969; M.S. in Ed., Indiana University, 1972; and Ed.D., Indiana University, 1977, along with a Teacher’s Life License and a Superintendent’s License, 1998.

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Thursday, December 19, 2013

Vic’s Statehouse Notes #162 – December 19, 2013

Vic Smith is on the board of the Indiana Coalition for Public Education. He and his organization work hard for public education. He attends every Indiana State Board of Education meeting and often speaks in support of public education. He regularly publishes his "Statehouse Notes" with information of importance to all public school advocates. Here is his latest.
Dear Friends,

Letter grades for Indiana schools are scheduled to be issued this Friday, December 20th, using Dr. Bennett’s flawed formula that the General Assembly rejected and thought that they had voided. HEA 1427 passed last April says, “Not later than November 15, 2013, the state board shall establish new categories or designations of school performance under the requirements of this chapter to replace 511 IAC 6.2-6. “

It didn’t happen.

The new letter grades to be announced Friday for 2012-13 will be based on the old failed formula. To speed up the change, the State Board would have needed to pass emergency rules which they showed no interest in doing. In the October State Board meeting, Board Secretary Dan Elsener praised the current A-F system and called for the employment of the consultant who helped Dr. Bennett with the formula. The Governor’s State Board staff attorney stated in the same October meeting that the old formula should be used two more times for 2013-14 data and 2014-15 data before ending it. That remains the current plan.

Meanwhile the battle for control of education policy rages on. Indiana taxpayers are now funding three different systems of schools, and Governor Pence’s 2014 legislative agenda does nothing to relieve the funding agonies of the biggest and largest of the three, Indiana’s community public schools.

School Letter Grades

The flaws of the current A-F system have been ignored in the news about State Board members trying to speed up letter grade announcements. In their controversial October 16th email action, now the subject of a lawsuit in Marion County filed by Bill Groth saying that State Board members violated the Open Door law, ten members asked legislative leaders to have the Legislative Services Agency calculate the letter grades without notifying their chair, Superintendent Ritz. The fact that this is all about a flawed and discredited formula has been ignored in the media.

No one should forget that the members of the General Assembly heard so many complaints about the unfair A-F system unveiled in 2012 that they voided it, or at least thought they did. The inadequacies of the system are fourfold:

Flaw #1: It is based primarily on the percent passing, rather than on improvement as PL221 called for.

Flaw #2: The bonuses for growth are anemic compared to the weight given to percent passing.

Flaw #3: The growth model used for bonus points is based on peer comparison statistics. This leads to capricious and unpredictable results about low-growth and high-growth students.

Flaw #4: In the final analysis, the current A-F system was badly miscalibrated. Many good schools received low grades, damaging the economic development efforts of communities all over Indiana as they try to explain to prospective businesses why their strong local schools ended up with a low grade using a flawed grading system. The current system is not fair to Indiana’s schools.

I presented details on these four points in public comments to the State Board meeting on November 8th. My comments on that day are attached for those who want a one-pager on the problems of our current system and the reasons the General Assembly lost confidence in it. Yet the members of the State Board apparently want to use it this year and for two additional years to grade our schools.

That makes no sense and challenges the rule of law. I wonder if any members of the General Assembly have noticed that the members of the State Board have somehow found a way to deny their legislative intent in HEA 1427.

Legislators heard your outrage about this letter grade system in 2012. I hope they will do so again this year.

I would hope that all public announcements about school letter grades by state or local officials will include a reminder to the public that this current system has been voided by action of the General Assembly and is in the process of being replaced with one that could deserve public confidence.

Three Different and Competing School Systems

In August, Governor Pence created the Center for Education and Career Innovation, a $5 million duplicative education bureaucracy, to divert control of Indiana education policy from Superintendent Ritz to his office. He was willing to do this, risking his national reputation for efficiency and small government, because of deep differences on educational policy.

As a result of seismic changes in the 2011 General Assembly, Indiana taxpayers are now funding three school systems which compete in a marketplace of schools:
1) Community Public Schools, established in Indiana’s 1851 Constitution, serving 291 communities or geographic areas, open to all students, tuition free, governed by a school board which is in most cases elected, non-sectarian and non-partisan, unionized under Governor Bowen’s collective bargaining law passed in 1973 which was revised in 2011, serving over 1 million students in over 1800 schools.

2) Charter Public Schools, established by the General Assembly in 2001, not linked to a geographic area and open to any student in the state, tuition free, governed by an authorizer and an appointed school board, non-sectarian, non-unionized, serving about 30,000 students in about 80 schools.

3) Voucher Private Schools, established by the General Assembly in 2011, not linked to a geographic area, open to students whose application is accepted by the private school, tuition paid or subsidized by taxpayer funded vouchers and by taxpayer subsidized scholarships from Scholarship Granting Organizations, governed by appointed school boards, primarily sectarian religious schools (98%), non-unionized, serving about 100,000 students with about 20,000 receiving vouchers.
In the deep controversy between Governor Pence and State Superintendent Ritz which has now reverberated to the pages of the New York Times, each official is identified with different elements of this tripartite system.

Superintendent Ritz was elected as an advocate for community public schools, the largest of the three systems. She has said she supports community-based charter schools but not the efforts to bring to Indiana large scale for-profit charter school networks. She has in the past opposed the use of public dollars to subsidize tuition with vouchers for private schools, although after her election she resolutely pledged to enforce all voucher laws enacted by the General Assembly in 2011 and 2013.

Governor Pence was elected as an advocate for voucher schools and for charter schools. He put his power behind a major expansion of vouchers in the 2013 General Assembly which raised the voucher count to 20,000 this past fall. In his 2014 legislative agenda, his “Roadmap”, he has singled out charter schools for help, such as a plank to strengthen the state’s hand in taking underutilized buildings from local school boards for use by charter schools. Another plank would give state money to pay the differential to excellent public school teachers who want to transfer to low-performing charter schools that now pay teachers on average $12,000 less. Needless to say, this is not a hit with public school leaders who would lose excellent teachers from their schools due to this state incentive. Even an internal memo from his new education agency, the CECI, says that “the program has the appearance, rightly or wrongly, of showing favoritism towards charter schools.”

There is the word: favoritism. Since his election, the Governor has favored voucher schools and charter schools over community public schools. His new 2014 agenda contains nothing to help community public schools. His first budget gave a 2% increase for public school funding in the current year 2013-14 and only a 1% increase in 2014-15, the lowest non-recession funding increases since I started watching the General Assembly in 1997. Low funding levels have led to community-shaking agonies in Muncie, Carmel, Fortville (Mt. Vernon Schools) and others. Several districts face the loss of bus transportation funding due to property tax caps. The Indianapolis Public Schools, facing a $30 million deficit, has seen layoffs for three years in a row threaten the stability of remarkably improved programs such as the Harshman Magnet Middle School, recently highlighted in the Indianapolis Star.

In the intense conflict among these three competing school systems, the Governor is taking every legal edge to take policy control away from Superintendent Ritz and to maintain the growth of the two new systems at the expense of community public schools.

Governor Pence vs. State Superintendent Ritz

The Governor has all the power in this dispute with the State Superintendent. He has appointed State Board members who vigorously pursue his positions and join in his steady campaign to reduce the influence of the State Superintendent. If any vote is held, he will win. It is not surprising that a CECI memo discussed a plan to seek legislative changes to remove the State Superintendent as chair of the State Board. It is also not surprising that Superintendent Ritz reacted strongly to the CECI spending state-funded time outlining options for her demise as chair.

These are high stakes battles. The outcomes will shape the future of education in Indiana. The Governor has taken the lead in supporting charter schools and voucher schools while diminishing the funding for community public schools, just the opposite of the positions taken by Superintendent Ritz on this tripartite school mixture.

In the long run, however, the power is in the hands of the people. It is not yet clear that the people of Indiana want to let community public schools slowly disintegrate due to poor funding and high class sizes, leaving them to students of poverty and disability, while parents flee to voucher schools and charter schools.

The Future of Community Public Schools

Public schools have served Indiana well for over a hundred years. They are non-partisan and non-sectarian forums that bring whole communities together in ways that a fragmented system of private and charter schools could never do. Voting citizens are just waking up to the depth of this issue for our democracy and for the future of our communities. The final analysis in a democracy will be made by the voters, a very slow process.

Actually, the process began in 2012 when the voters chose Glenda Ritz over Tony Bennett. Without the voters, there would be no “Governor vs. State Superintendent” controversy, and Indiana would be rolling faster down the road to more vouchers and weaker community public schools in the vision of Governor Pence.

The people are deciding now which of the three school systems they want to support. Instead of taking politics out of education, as the Governor has said he wants to do, he has put it on the front burner. For advocates for public education, it needs to be on front burner to reverse the hard times that continue for too many of our community public schools.

The fact is that Indiana doesn’t have enough money to appropriately fund three different school systems. As one system is given preference, another system is diminished.

The voters will soon have a turn in 2014, this time in the form of legislative races for the Indiana House and the Indiana Senate. What priority will candidates give to the three different systems in Indiana? Will they back community public schools, charter public schools or voucher private schools? Will they support Governor Pence or Superintendent Ritz on education policy? The stakes in Indiana have never been higher.

I urge you to keep your legislators informed about the problems with school letter grades and the obvious policies of favoritism that are undermining and diminishing community public schools. Your participation in this generational battle on behalf of community public schools is greatly appreciated!


Best wishes,

Vic Smith


ICPE is working to promote public education and oppose the privatization of schools in the Statehouse. We are preparing for the next session of the General Assembly beginning January 6th. Joel Hand will again serve as ICPE lobbyist for the session. We need your membership to help support his work. Many have renewed their memberships this fall, and we thank you! If you have not done so since July 1, the start of our new membership year, we urge you to renew by going to our website.

We need additional memberships to pay for our lobbying efforts which begin in January and to carry on our advocacy for public education. We need additional members and additional donations. We need your help!

Go to www.icpe2011.com for membership and renewal information and for full information on ICPE efforts on behalf of public education. Thanks!


Some readers have asked about my background in Indiana public schools. Thanks for asking! Here is a brief bio:

I am a lifelong Hoosier and began teaching in 1969. I served as a social studies teacher, curriculum developer, state research and evaluation consultant, state social studies consultant, district social studies supervisor, assistant principal, principal, educational association staff member, and adjunct university professor. I worked for Garrett-Keyser-Butler Schools, the Indiana University Social Studies Development Center, the Indiana Department of Education, the Indianapolis Public Schools, IUPUI, and the Indiana Urban Schools Association, from which I retired as Associate Director in 2009. I hold three degrees: B.A. in Ed., Ball State University, 1969; M.S. in Ed., Indiana University, 1972; and Ed.D., Indiana University, 1977, along with a Teacher’s Life License and a Superintendent’s License, 1998.

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Friday, December 6, 2013

CECI Plans to Remove Superintendent Ritz as chair of State Board of Education

The job of the Indiana Superintendent of Public Instruction is being threatened!

The Indiana Department of Education posted information about how the Center for Education and Career Information (CECI) is making political plans to remove Superintendent Ritz as chair of the State Board of Education. The post referred to CECI documents describing the plan.

Here's an excellent synopsis of the CECI document from Jenny Robinson:
[The CECI document] includes recommendations on a number of things, including redefining the role of the state superintendent so that a governor-appointed state board member would chair the policy-making state board of education...but also on liquidating "unused" or "underutilized" public school buildings, seizing the associated local property tax funds, and potentially channeling those assets into the private sector. Direct quote: "...removing the requirement of maintenance of buildings from school corporations allows school corporations to focus on educating children rather than on facilities maintenance." Has CECI posted this document anywhere publicly? Thanks to Ritz's DOE for posting it and shedding some light on this shadowy agency.

Also, under "Pre-Kindergarten": "It is critical that any pre-K program have strong accountability based on outcome data that measures whether or not providers are preparing students to be ready for Kindergarten. Work has already been done to develop pre-K standards and assessment, but we must connect pre-K to K-3 policy, including a strong emphasis on literacy. Consistent with having high levels of accountability, providers who do not meet expectations for Kindergarten preparedness should face strong penalties including removal from the program.
We should let Governor Pence know that this is not the direction we would like for public education in Indiana. Contact the Governor by clicking on the following link:

http://www.in.gov/gov/2333.htm

Scroll down the center for the telephone number, postal mail address, or an email form.

Below is the press release which, Daniel Altman, press secretary for the Indiana Department of Education posted on the DOE web site on Wednesday:

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Indiana Department of Education Releases CECI Roadmap

Wednesday, December 4, 2013
Daniel Altman
Press Secretary
(317) 232-0550
daltman@doe.in.gov

INDIANAPOLIS – In response to a reporter’s question about attempts by the State Board of Education and Governor Pence’s Center for Education and Career Innovation (CECI) to remove her power, Indiana Superintendent of Public Instruction Glenda Ritz today reaffirmed her position that the CECI is seeking to have her removed as Chair of the State Board and lessen her authority.

Below is a document that was sent from a CECI attorney regarding the CECI’s plans to remove Superintendent Ritz as chair. Section five of the document details those plans. The document is CECI’s roadmap to:
-Remove the elected Superintendent as chair of the State Board;

-Continue the corporatization of public education to the detriment of public education in our state;

-Transfer and erode local control over school facilities; and

-Take away authority statutorily given to the Department of Education.
“Last year, I was elected to lead the Indiana Department of Education and chair the State Board of Education,” said Superintendent Ritz. “This document shows that the CECI is attempting to change a governing structure that has worked for over 100 years, under both Democrats and Republicans.”

Also below is a preliminary draft of a bill that was circulated at an interim summer study committee that would take away authority from the Department of Education over carefully protected student privacy data.

“As an educator and a parent, I know that the protection of student information is one of the key roles of the Department.

“I am committed to ensuring that the elected Office of the Superintendent continues to serve as chair of the State Board while preserving the authority of the Department to protect the voice of the voters and the integrity of public education in Indiana."

A copy of the documents can be found here.

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