The legislative session is starting off with companion legislation in each
chamber to implement the recommendations from the Governor's Commission on
Student Success.  In reality it is an education reform package that parallels
the OBE monstrosity that was opposed by the public in 1993.  We NEED to
generate the involvement of citizens in every county to give input to
legislators -- starting with the members of the House and Senate Education
Committees.

Below is a short summary -- followed by a more detailed summary with
suggestions for action.  Senate Bill 1 is identical to House Bill 1.  The
three sponsors of SB 1 are Senators Robert Gardner, Randy Gardner, and Bill
Harris.  The sole sponsor of HB 1 is State Representative Jim Hoops.

*********************
SHORT  SUMMARY  OF  CONCERNS
(See the longer summary for the details.)

HB1/SB1:

· Expands statewide testing beyond basic academics.  PROTECTION against this
expansion in current statute ORC 3301.0715(C) is REPEALED.

· Reopens the door to previous Department of Education efforts to assess the
affective domain [attitudes and behaviors].  These assessments, possible
through the provisions for "diagnostic tests", would be  state developed and
mandated, not locally developed.

· Does not provide that state developed "diagnostic tests" are public
records, even though this provision is maintained for the new "achievement
tests."

· PROTECTION provided in statute ORC 3301.0716(B) that requires state health
curriculum model to have oversight by the Ohio General Assembly is REPEALED.

· Intervention services can be required in both academic and nonacademic
areas. These intervention services can be mandated for evening, Saturdays,
and summertime.   If students don't participate, parents could be fined up
to
$500 and, under certain circumstances, face criminal charges.

· If parents disagree with the state standards [list of outcomes], they have
NO OPTIONS to keep their children out of the testing and re-mediation loop.


EXPANDED SUMMARY  OF CONCERNS:

HB1 and SB1 have been introduced in the Ohio General Assembly for the
purpose
of implementing the recommendations of the Governor's Commission for Student
Success.  In my opinion, these identical bills are the most anti-family
legislation I have seen in education policy in over a decade.    They do not
promote academic excellence, but rather the complete state takeover of what
is taught, tested, and remediated  in every area of education.  Some
portions
are even worse than the OBE recommendations from HB152 in 1993.  Below is a
summary of concerns with proposed new statutes and repealed safeguards:

1. The legislation establishes TWO assessment systems that will operate in
tandem.  The system of "achievement tests" are essentially a renaming of our
current system of proficiency tests.  Changes are made in which tests are
administered in which grades, but essentially it is still a
criterion-referenced system aligned to a state list of outcomes [standards]
in reading, writing, mathematics, social studies, and science.  Portions of
these tests will be administered in grades 3, 4, 5, 7, and 8.  All of these
tests will be administered in grade 10.  [3301.0710]

2. The legislation also establishes a system of "diagnostic tests."  A
diagnostic test is given a functional definition in section 3301.079(D)(1):
"The diagnostic test shall be designed to measure student comprehension of
academic content and mastery of related skills for the subject area and
grade
level covered by the standards."  It is the same definition as an
achievement
test.  A diagnostic test is still a criterion-referenced test developed by
the state based on a list of state outcomes.

The DIFFERENCE between a diagnostic test and an achievement test [as
proposed
in HB1/SB1] is that the state board of education is given carte blanche
authority to develop a list of outcomes,  aligned model curriculum
[3301.079(B)(C)] and aligned diagnostic tests in ANY subject and for ANY
grade level.  School districts are required to administer these tests
beginning the first school year following the development of the
assessments.
[3301.079(E)(1)]   This gives the state board of education permission to
test
in all three domains - knowledge, skills, and attitudes.  The affective or
attitudinal outcomes have already been drafted in the areas of "HEALTH" and
"lifelong learning."

3.   The ODE's goal of mandating statewide assessments in health will
finally
be realized.  This is an area that has engendered considerable public
opposition.

Note:  The ODE has already procured the services of the Ohio Association of
Health, Physical Education, Recreation, and Dance to write the performance
objectives based on a curriculum model that has not yet been approved.
These
performance objectives, in draft form, address the  controversial areas of
sexuality education and mental/emotional health.  In addition, this
organization which strongly advocated for the use of CDC funds for highly
controversial sex education programs, is now asking the ODE to include
health
as one of the end of course exams pursuant to the newly proposed section
3301.0713.

Note:  The state board of education is required to develop diagnostic tests
in grades K-2 in reading writing, and mathematics and in ANY  subject area
for grades 3 - 8.  There is no prohibition from developing "diagnostic
tests"
beyond grade 8.

4.  Another important DIFFERENCE between achievement tests and diagnostic
tests is that the achievement tests will continue to be open "public
records."  [3301.0711(N)].  There is NO PROVISION for the diagnostic tests
to
be an open public record.  This means the public will not have access to the
more controversial areas of state testing.

5. The protection against requiring performance-based tests in areas beyond
"basic academics" would be  REPEALED.  Currently ORC section 3301.0715(C)
states ".nor is a school district required to develop any assessment method
to measure any performance objectives other than those specified in division
(A) of this section."  Note:  Division (A) currently specifies composition,
mathematics, science, citizenship, and reading.  This protection has been
deleted in HB1/SB1.

6.   The protection provided by giving the Ohio General Assembly oversight
of
the state health curriculum model would be REPEALED.  Currently ORC section
3301.0716(B) states, "The state board shall not adopt a model
competency-based education program in health or physical education until the
general assembly has approved the model program through the adoption of a
concurrent resolution."  This protection has been deleted in HB1/SB1.

7.  The new section 3301.0715(C) requires districts to "utilize and score
any
diagnostic assessment administered under division (A) of this section in
accordance with rules established by the department of education."   Note:
Section (A) specifies reading, writing, and mathematics for grades K-2 and
ANY subject for grades 3-8.

8. The new section 3301.0715(D) requires the districts to provide
"intervention services to  students whose diagnostic assessments show that
they are failing to make satisfactory progress toward attaining the academic
standards for their grade level."  Note:  This is NOT LIMITED to the grade
levels specified in section (A).

9. The new section 3321.041 mandates that the student participates in the
intervention services offered "beyond the normal school day, school week, or
school year" for students who do not master the state outcomes measured in
the achievement tests and  the diagnostic tests.  Parents are mandated to
send their children to these intervention sessions.  Parents who "violate"
this "obligation" are placed under the jurisdiction of the juvenile court
[3321.38(A)].  If convicted, the parent could be fined up to $500.  In
circumstances in which the child is labeled a chronic or habitual truant,
the
parent could face criminal charges.  This essentially extends compulsory
education to evenings, weekends, and summer!

Under these circumstances, if the parents disagree with the focus or content
of the state outcomes [standards] in nonacademic areas they have NO RIGHTS
to
keep their child out of the teaching, testing, re-mediation loop.  These
sections make the opt out for venereal disease education meaningless!  There
are NO opt-outs for the diagnostic tests or the intervention services!

Note:   In 1993, legislators had an honest opportunity to evaluate what
would
be required of students in a statewide outcome-based system because the ODE
had developed a list of outcomes and was in the process of securing public
input on the new graduation standards.  The proposed outcomes were so
controversial that legislators put protections in place against testing a
child's attitudes/behaviors/beliefs [the affective domain] as the ODE had
proposed.   The difference this time is the ODE/state board of education is
seeking the framework for a redesigned assessment system without giving
legislators an opportunity to first  "look inside the box."  In other words,
they want the system in place first, and they will show us the list of
outcomes later.  Under this circumstance, the General Assembly is being
asked
to sign a "blank check" at the expense of  parental rights and local
control.

ACTION:
1.  Immediately contact your State Representative and State Senator and
REQUEST A COPY of HB1 and SB 1.  This will help give you credibility when
you
make your phone calls.  If you are not sure who represents you, contact your
county board of elections and ask for their name and Columbus phone number.

2.  Contact the members of the House Education Committee [listed below].
Then, as a second priority, the members of the Senate Education Committee
[listed below].  Politely but firmly ask them to vote NO on House Bill 1
[House Committee members only] and NO on Senate Bill 1 [Senate Committee
members only].  These calls are especially important if your representative
or senator sits on the committee!

Note: The House Education Committee is a higher priority only because the
three Senate sponsors are all members of the Senate Education Committee.  It
will be very difficult to impact that committee -- but that doesn't mean we
shouldn't try.

3.  CONTACT your own senator and state representative.  Politely but firmly
ask him or her to VOTE NO on House Bill 1  or  Senate Bill 1.

CALLS  SHOULD START TO REACH LEGISLATORS NEXT WEEK.  SPONSOR TESTIMONY IS
SCHEDULED FOR TUESDAY, FEB. 6TH.  WE CAN ANTICIPATE THAT PROPONENT TESTIMONY
WILL BE OFFERED THE FOLLOWING WEEK AND OPPONENT TESTIMONY AS SOON AS TWO
WEEKS FROM NOW.  I WILL KEEP YOU POSTED AS THE HEARING SCHEDULE IS
FINALIZED.

4.  PLEASE prepare to attend a hearing, if at all possible, when the time
comes.  It will be CRITICAL to fill the hearing rooms with concerned
citizens.  Providing testimony will, of course, be up to the individual.
But
legislators need to understand that these policies carry a great deal of
concern with the public!!

NOTE:  There are 43 NEW legislators in the Ohio General Assembly who will
not
be aware of the untrustworthy past practices and policies of the Ohio
Department of Education.  If there is anything I can do to help you to help
your legislator to understand, please don't hesitate to ask.

PLEASE watch for further updates.  This email list has been quiet in recent
weeks, but it is now critical to charge it back up again.


House Education Committee Members (* denotes a brand new legislator)
[ALL phone numbers below are in the 614 area code.]

Jamie Callender (chair) 466-7251
*  DeWine (vice-chair)  644-6020
Charles Calvert  466-8140
*  Diana Fessler  466-8114
*  Arlene Setzer  644-8051
Dennis Stapleton  466-3506
Jim  Hoops (sole sponsor of HB1)  466-3760
Merle Grace Kearns  466-2038
*  Linda Reidelbach  644-6030
*  Steven Reinhard  644-6265
Twyla Roman  466-1790
*  Shawn Webster  644-5094
Bryan Williams  644-5085
William Hartnett  466-5802
Catherine Barrett  466-1645
*  Kenneth Carano  466-6107
George Distel  466-1405
Brian Flannery  466-3454
*  Teresa Fedor  466-6017
*  Derrick Seaver  466-1507
*  Claudette Woodard  644-5079

Senate Education Committee Members
[ALL phone numbers below are in the 614 area code.]

Robert Gardner (chair)  644-7718  [sponsor of SB1]
Bill Harris (vice-chair)  466-8086  [sponsor of SB1]
Stephen Austria  466-3780
Randy Gardner 466-8060  [sponsor of SB1]
Larry Mumper   466-8049
Scott Oelslager  466-0626
Michael Shoemaker  466-8156
Linda Furney 466-5204
C.J.Prentiss 466-6247


Respectfully submitted,
Melanie Elsey