Ohio Budget Sets Moratorium on New State Takeovers of School Districts, Fails to Resolve Lorain Crisis

State budgets outline what sort of public investment is possible within the revenue constraints of any state government. They also outline the spending priorities of the majority.  Sometimes, despite laws that prohibit logrolling, they also contain a lot of stuff that has nothing to do with fiscal matters.

Ohio’s new biennial budget reflects a priority for tax cutting.  Ohio’s legislators—despite the 17 day extension required because even the huge Republican majorities in both chambers couldn’t agree on a lot of things—reached consensus that taxes should be further reduced instead of investing in services needed by the must vulnerable Ohioans.  For example, the Legislature did not raise basic formula funding for 3 school districts already designated in Academic Distress or for the ten additional public school districts teetering on the edge of that categorization.

The Ohio budget conference committee, mercifully, did not insert into the state budget the Senate Education Committee’s long and detailed amendment prescribing a new state takeover plan for the 10 districts threatened with state takeover in the next two years. The Columbus Dispatch‘s Catherine Candisky reports that Senate President Larry Obhof, “said the conference committee… agreed to a one-year moratorium on a controversial law allowing state takeover of academically failing school districts while lawmakers continue work on a solution in separate legislation.”

The Ohio House had repealed the state takeovers of school districts in its version of the budget. The Senate Education Committee had inserted into the Senate’s budget a cumbersome plan that featured a new state School Transformation Board, private takeover consultants approved by the state to conduct “root-cause” analyses, state-approved school district “improvement director czars,” and if insufficient improvement did not follow, the old top-down state takeovers. It is a very good thing that the conference committee left the Senate’s plan out of the budget.

Let’s remind ourselves about the serious, unresolved issues that the new one-year moratorium on state school district takeovers fails to address:

  • A one-year moratorium on new state takeovers grants at least a temporary reprieve from state takeover to Columbus, Dayton, Toledo, Canton, Ashtabula, Lima, Mansfield, Painesville, Euclid, and North College Hill. These school districts have been branded as failures by Ohio for their low aggregate standardized test scores, and their fate remains unresolved. These school districts serve concentrations of very poor children, many of them children of color.
  • The moratorium on new state school district takeovers does nothing about the current disastrous state takeovers in Youngstown and Lorain, and the newest takeover in East Cleveland. Two months ago, by an extraordinary, bipartisan margin of 83-12, the Ohio House passed HB 154 to repeal HB 70 (the state school district takeover law fast-tracked through the Ohio Legislature in 2015). The Senate has refused to consider HB 154.  The overwhelming bipartisan House support for eliminating state takeovers reflects the seriousness with which members of the Ohio House view the chaos into which state takeover has pushed Lorain and the dysfunction in Youngstown.

In the new budget, the Legislature not only neglected to address the state school takeover disaster, but also neglected to support the state’s poorest school districts threatened by state takeover—big cities with concentrated family poverty, towns where manufacturing has collapsed, and inner-ring suburbs— with additional operating funds. The Legislature did, however, adopt and expand Governor Mike DeWine’s proposal to add funding for wraparound social and medical services to help school districts better serve the needs of students and their families. The funding is weighted to provide extra dollars for districts serving the largest numbers of poor children. The Plain Dealer‘s Patrick O’Donnell explains: “The governor had proposed giving schools across the state $550 million over the next two school years for so-called wraparound services, like medical and mental health care, family supports and mentoring.  The ‘student wellness and success’ plan, as it is called, is aimed at helping students in every school in Ohio with issues that interfere with learning and with helping them succeed in school and in life. The version passed by legislators added $125 million more than DeWine proposed based on poverty levels of districts. In 2020-21, for example, DeWine had proposed giving the poorest 20 percent of school districts $300 per student, while giving the richest 20 percent of districts $25 per student.  The new plan, which came out of the House, raises all payments for 2020-21.  That means $460 per student for the poorest districts and $30 for the richest… The minimum that any district could receive also was raised from $25,000 to $30,000.”

Governor DeWine vetoed one section of the education budget. The Columbus Dispatch reports that about three dozen Ohio school districts have so much property wealth that they receive less from the state than private schools in their districts receive for auxiliary services.  In a later article Catherine Candisky, and Randy Ludlow explain that DeWine vetoed a provision of the budget to ensure that wealthy school districts would not receive less state aid than private schools in their districts receive.  DeWine explains his veto (see p. 10, Item 16): “This item would guarantee a base amount of per-pupil funding to all public school districts. Ohio’s school funding system was designed to offer the most support to the districts that are least able to provide adequate services to their students. The districts that would benefit the most from this item are among the wealthiest in Ohio. Carving out a special exemption to provide additional resources to the districts most capable of providing resources for their students is not a responsible use of the limited funding available to Ohio’s school districts. Therefore, this veto is in the public interest.”

However, the Dispatch confirms that the Legislature also passed a budget provision to allocate a $38 million funding increase for Ohio’s quickest growing school districts, which, due to their local property taxing capacity, have had their state funding capped for several years.  DeWine chose not to veto this provision, which will reward the same wealthy districts—the rapidly expanding exurban school districts surrounding the state’s big cities.

Even though budgets are supposed to deal with fiscal matters, folded into this budget are new high school graduation requirements. Unfortunately, the new graduation requirements that appear in the budget are the ones that originated from a lobbying group, Ohio Excels, representing business interests.  Educators have complained that the plan they designed, which was eventually approved and presented by the Ohio State Board of Education, was ignored.  And just this week a member of the State Board of Education raised serious questions about whether the cut scores designating students as “accelerated” or “proficient” are set unreasonably high so that the state denies many students who really are proficient enough points to graduate from high school.

Now that Ohio has a FY 20-21 biennial budget, much of education policy remains unresolved, including the urgently important crisis in Lorain due to its current state takeover chaos and the fate of 10 districts the state has threatened to take over.  Surely there will be further debate about the graduation requirements logrolled into the state budget without sufficient debate.  And left out completely is the matter of the new Cupp-Patterson school funding plan which was not addressed in the budget. It has now been formally introduced as HB 305, and will likely be extensively debated in upcoming months.

This article was updated on 7/19/19.

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Dogged Advocates for Justice Protest Ohio State School Takeovers of Youngstown, Lorain, and East Cleveland

After January, John Kasich will no longer be governor of Ohio. House Bill 70, the law that paved the way for the Youngstown—and now Lorain and East Cleveland—school takeovers is the biggest stain on his legacy.  In gerrymandered Ohio, with huge legislative Republican majorities after the November 2018 election—62 Republicans and 37 Democrats in the Ohio House and 24 Republicans and 9 Democrats in the Ohio Senate—it remains unlikely that HB 70 will be overturned.

House Bill 70 prescribes that any Ohio school district which has received “F” grades for three years running on the state’s school district report card be managed by an appointed Academic Distress Commission instead of the locally elected school board. The state takeover law was sprung on an unsuspecting public at an afternoon hearing of the Senate Education Committee in late June of 2015, when Senate Education Committee chair Peggy Lehner introduced a 66-page amendment to a House bill which had already been moving forward with widespread popular support to expand wraparound full-service Community Learning Centers.  Senate Bill 70 was rushed through committee and passed by the full legislature within 24 hours. The amendment—which had been cooked up by Governor Kasich, then-state superintendent (and now discredited) Richard Ross, and Ross’s assistant, David Hansen, the husband of Governor Kasich’s chief of staff—fully changed the content of what had been House Bill 70 to enable the state to nullify the power of elected local school boards and insert state overseer Academic Distress Commissions, which appoint a CEO to run the district on behalf of the state.

Three years have passed.  Lorain joined Youngstown under state takeover, and now East Cleveland has been added.  In May of this year, northeast Ohio Democrats Kent Smith (whose district includes East Cleveland) and Teresa Fedor (Toledo) introduced HB 626 to overturn Ohio’s state takeover law.  The Elyria Chronicle-Telegram‘s Carissa Woytach explains: “The bill would suspend the creation of new academic distress commissions, keeping other failing school districts out of state takeover starting next school year… Despite bipartisan support, Smith said, the bill has yet to get a hearing from this General Assembly.”

The Ohio Supreme Court agreed in late October of 2018 to hear a case against HB 70 resulting from a lawsuit filed originally by the elected Youngstown Board of Education: “The Ohio Supreme Court has agreed to hear an appeal regarding House Bill 70 submitted by Youngstown School’s Board of Education and others, which could set a precedent for districts under state mandate.  The original lawsuit, filed in the Franklin County Court of Common Pleas in August 2015, challenged that House Bill 70 was unconstitutional  While the 10th District Court of Appeals ruled in June against the school board, the Ohio Supreme Court accepted the appeal….”  Amicus briefs in support of the Youngstown lawsuit were filed with the appellate court from across the Ohio public education community and all of the elected school boards taken over so far: the Lorain Board of Education, the East Cleveland Board of Education, the Ohio School Boards Association, the Buckeye Association of School Administrators, the Ohio Federation of Teachers, and the Ohio Association of School Business Officials.

The implementation of state takeover has been insensitive and insulting. Ohio’s Plunderbund reported in March, 2018 that Krish Mohip, the state overseer CEO in Youngstown, feels he cannot safely move his family to the community where he is in charge of the public schools. He has also been openly interviewing for other jobs including school districts as far away as Boulder, Colorado and Fargo, North Dakota. And a succession of members of Youngstown’s Academic Distress Commission have quit.

Plunderbund adds that Lorain’s CEO, David Hardy tried to donate the amount of what would be the property taxes on a Lorain house to the school district, when he announced that he does not intend to bring his family to live in Lorain. The Elyria Chronicle Telegram reported that Lorain’s CEO has been interviewing and hiring administrators without the required Ohio administrator certification. Hardy has also been courting Teach for America.  In mid-November, the president of Lorain’s elected board of education, Tony Dimacchia formally invited the Ohio Department of Education to investigate problems under the state’s takeover Academic Distress Commission and its appointed CEO.  He charged: “The CEO has created a culture of violence, legal violations, intimidation, and most importantly they have done nothing to improve our schools.”  The Lorain Morning Journal’s Richard Payerchin describes Dimacchia’s concerns: “Dimacchia claimed student and teacher morale is at an all-time low, while violence (at the high school) is at an all-time high.”

Youngstown and Lorain both earned “F” grades once again this year on Ohio’s school district report card.

At a November 28, 2018, Statehouse rally, Senator Joe Schiavoni, Reps. Michele Lepore-Hagan, Teresa Fedor, and Kent Smith joined citizens from the three school districts seized by the state—Youngstown, Lorain, and East Cleveland.  They advocated for hearing and voting on HB 626, introduced in March to stop the takeovers. If no action is taken, the bill will die at the end of the Legislature’s 2017-2018 legislative session.

At last week’s Statehouse rally, Youngstown Rep. Michele Lepore-Hagan described all the ways HB 70 abrogates democracy: “The legislation took away the voice of the locally elected school board members and gave an autocratic, unaccountable, appointed CEO total control over every facet of the system. The CEO can hire who he wants. Fire who he wants. Pay people whatever he wants. Hire consultants and pay them as much as he wants. Buy whatever he wants and pay as much as he wants for it. Tear up collective bargaining agreements. Ignore teachers. Ignore students. Ignore parents. And he also has the power to begin closing schools if performance does not improve within five years. Nearly four years in, here’s what the Youngstown Plan has produced: Ethical lapses. No-bid contracts. Huge salaries for the team of administrators the CEO hired. Concern and anxiety among students, parents, and teachers. And the resignation of most of the members of the Distress Commission who were charged with overseeing the CEO. Here’s what it hasn’t produced: better education for our kids.”

As Representative Kent Smith shared at the recent Statehouse rally, East Cleveland is Ohio’s poorest community and the fourth poorest community in the United States. The school districts in Youngstown and Lorain also serve concentrations of poor children.  In its policy for poor school districts, Ohio has chosen to punish instead of investing to support the children and their teachers.

In an important 2017 book, The Testing Charade, Harvard University’s Daniel Koretz, pointedly explains why school rating systems based on aggregate standardized test scores—like the one Ohio uses to determine state takeovers—are unjust: “One aspect of the great inequity of the American educational system is that disadvantaged kids tend to be clustered in the same schools. The causes are complex, but the result is simple: some schools have far lower average scores—and, particularly important in this system, more kids who aren’t ‘proficient’—than others. Therefore, if one requires that all students must hit the proficient target by a certain date, these low-scoring schools will face far more demanding targets for gains than other schools do. This was not an accidental byproduct of the notion that ‘all children can learn to a high level.’ It was a deliberate and prominent part of many of the test-based accountability reforms… Unfortunately… it seems that no one asked for evidence that these ambitious targets for gains were realistic. The specific targets were often an automatic consequence of where the proficient standard was placed and the length of time schools were given to bring all students to that standard, which are both arbitrary.”  (The Testing Charade, pp. 129-130)