Dear Friends, The final day of the short session is tomorrow, and the final version of House Bill 1315 is still up in the air. However it comes out, it will still have to be approved by both the House and the Senate. If you have not contacted your legislators about your opposition yet, give it one more shot tonight or Wednesday. It looks like it will be one of the last bills to be voted on Wednesday evening, the last night of the session. Tell your legislators or any legislators:
Give the Gary public school district the dignity of having a school board like every other school district for the past 200 years, even while an emergency manager holds all the powers of the school board to correct mismanagement. Tell them they must not pass a bill that takes down another pillar of public education. That pillar says: Every public school district should be run by a school board of district residents. Yet another pillar of public education in Indiana is in jeopardy. The Meeting of the Conference Committee on HB 1315 Concerns about appointing non-resident school board members and losing the voice of citizens were clear themes in statements from legislators and those testifying at yesterday's (March 12th) Conference Committee meeting.
Representative Tim Brown, chair of the Conference Committee, allowed all members of the public to speak who wished to do so. Eight took advantage of the opportunity. The testimony I gave is below. This bill is not just about Muncie and Gary. It sets precedents for all Indiana public school districts. We need your participation! If you have not done so already, contact your own House member and Senator or other legislators about House Bill 1315. The results of your work will be known tomorrow. Thank you for actively supporting public education in Indiana! Best wishes, Vic Smith vic790@aol.com Testimony on HB 1315
March 12, 2018 Given by Dr. Vic Smith, Indianapolis We have had public schools in Indiana for a long time now, over 200 years. In all that time, one of the pillar principles we have followed in public education is that every public school district should be run by a school board made up of district residents. In over 200 years, this enduring principle has never been challenged, until now. House Bill 1315 violates this principle in two ways:
Both of these problems could be repaired by this Conference Committee. First on page 40, where it says two of the five school board members appointed "must reside within the boundaries of the Muncie Community school corporation district", you can amend that to say "all five." Asking out-of-town or out-of-state school board members to set the annual property tax rates of local residents will lead to obvious legal and public relations problems. I am confident that when all these potential problems are duly reconsidered, the wisdom of the last 200 years will prevail and school board seats will be reserved for local residents. Second on page 7, where the school board name is removed in Gary in favor of an advisory board, I urge you to give the citizens of Gary the dignity of having a school board, even during the time when an emergency manager holds all the power of the school board and will continue to do so under current law until the emergency manager recommends a return to local control. The name "school board" remains important, as it has for over 200 years. I urge you to make these two changes in HB 1315 to prevent unraveling yet another pillar of public education in Indiana. Thank you. Late Bulletin
We have learned that the conference committee will probably consider HB 1315 early Monday morning. Please go ahead and contact your own state Senator and Representative now, and we hope to have the conference committee's names for you by this time tomorrow. Dear Friends, This one needs your immediate attention: Every public school district should be run by a school board of district residents. This has been a core principle for public education in Indiana that has not been challenged for 200 years until House Bill 1315 came along this session. HB 1315 sets a damaging precedent by knocking down this pillar principle in two communities: For the first time in Indiana history, non-resident outsiders would be allowed to be voting members of a community's public school board, with no sunset provisions to return control to local residents. (Muncie) For the first time in Indiana history, a public school district would not have a school board. (Gary) It's Not Too Late. Send Your Legislators a Message Today! It is not too late to fix either of these problems in the bill. The Senate version, passed Tuesday by a vote of 35-14, is different from the House version, which passed 64-27, so a conference committee is expected, perhaps starting tomorrow (March 8). Corrections could be made in the conference committee. The session must adjourn by March 14. Time is short. Take a few minutes right away to contact your Senator and your Representative, along with other legislators if you can. Tell them: Outsiders should not be allowed to be on the Muncie public school board. Their votes to raise property taxes on residents would bring litigation. Give the Gary public school district the dignity of having a school board like every other school district for the past 200 years, even while an emergency manager is given the powers of the school board to correct mismanagement. In nearly every session since 2009, the Indiana General Assembly has eroded step by step the norms of public education in Indiana. This erosion must stop. House Bill 1315, a complex 55 page bill, has become the most controversial education bill in the short session. Legislators need to hear from you on these points! The Details: Improvements on Second Reading in the Senate The Senate improved the bill significantly during second reading amendments. Several Senators should be credited and thanked for participating in the amendment process on Monday (March 5) including Senator Mishler (Senate sponsor), Senator Head, Senator Lanane, Senator Ruckelshaus, Senator Breaux and Senator Tallian. Senator Mishler, who was praised by the Senators from Muncie and Gary for his openness and transparency in debating this controversial bill, supported several amendments which improved the bill. He was also responsible in the Senate bill for improving the fiscal indicator dashboard to keep the watch list confidential until all data is verified for accuracy. A big thank you should go to Senator Head for offering an amendment to restore six citizenship laws to the list of laws that Muncie public schools must follow in their otherwise flexible curriculum under Ball State's control. The amendment, passed on a voice vote, restored the following curriculum requirements to Muncie: 20-30-5-0.5 - display of the flag; pledge of allegiance 20-30-5-1 - constitutions of Indiana and the U.S. 20-30-5-2 - constitution; interdisciplinary course 20-30-5-3 - writings, documents and records of American history 20-30-5-4 - system of government; American history 20-30-5-6 - good citizenship instruction Chairman Mishler also supported an amendment by Senator Lanane, who represents Muncie, which says: "In making the appointments under this subdivision, the Ball State University board of trustees and the President of Ball State University shall strive to ensure that the members appointed to the governing body reflect the geographical and socioeconomic composition of the Muncie Community school corporation district." This amendment is a step in the right direction, but it doesn't cancel the current language on page 40, line 20 allowing non-residents to be appointed to three seats: "Five (5) members will be appointed by the Ball State University board of trustees from individuals nominated by the President of Ball State University. At least two (2) of the individuals appointed under this clause must reside within the boundaries of the Muncie Community school corporation district." Ask Legislators to Change Two to All Five! This bill would for the first time break the link between public school board membership and residency in the district. This is step Indiana must not take. There are sound reasons why public school board members up to now have been required to be residents: School board members vote on property tax issues. They would know from personal experience what the impact is on their taxes when they vote on property tax levies. Outsiders would be voting to tax people potentially in a different state from where they live and pay taxes. School board members need to know the community. Appointing outsiders could prompt a split in the board on community issues. Residents who believe that it is wrong for school board members who live in New York, California or Chicago to be voting to raise their local property taxes for any purpose might use this non-resident status as the basis for a lawsuit to challenge the action of the board, costing extra legal fees. We just shouldn't go there. When asked during debates in the House about this point, the sponsor of the bill Representative Tim Brown said Ball State should be able to appoint David Letterman, Oprah Winfrey or Bill Gates to the school board. Write Legislators Today or Tomorrow! Public school advocates have the opportunity during the conference committee process to try to repair two historic flaws that should be corrected: 1. The Muncie public schools are allowed to have non-resident outsiders in three of the seven school board seats. 2. The Gary public schools will no longer have a school board. It will be replaced by an advisory board. These two points take the PUBLIC out of public education in two communities. They set two precedents for the deconstruction of public education. These would be firsts. They would unravel yet another pillar of public education. They are not right. These two points could be fixed in the conference committee before final passage. Send messages to legislators today! Thank you for actively supporting public education in Indiana! Best wishes, Vic Smith vic790@aol.com Dear Friends, Unbelievably, the Senate Appropriations Committee approved an amended version of House Bill 1315 this morning that still allows Ball State to ignore the mandated patriotic curriculum laws (IC 20-30-5) as Ball State runs the Muncie public schools. It is hard to understand why Ball State needs the flexibility to ignore the citizenship mandates of 20-30-5 for each school to:
These mandates to study citizenship lie at the heart of public education. The General Assembly even requires that private voucher schools follow the mandates of 20-30-5 under the voucher law! Why wouldn't Ball State be required to include citizenship mandates when they take over the Muncie public schools? This oversight can be corrected with a second reading amendment if Senators hear from enough public school advocates who believe that citizenship education is vital for all public schools. Please contact your Senator and Senator Long, President Pro Tem, to ask them to guarantee Ball State will not ignore citizenship instruction mandated in IC 20-30-5. HB 1315 says "Muncie Community school corporation is subject only to" a list of 28 laws from the Indiana Code 20 on education. Senators should make 20-30-5 the 29th law to follow! Other Concerns about HB 1315 Here is an update on the other three concerns shared in my previous Statehouse Notes #314: Don't let non-residents run public school districts. Ask Senators to return the public to the Muncie public schools by requiring that not just two but all seven members "reside within the boundaries of the Muncie school corporation district." Some changes in the right direction were made today, but the changes fall short of the goal to have all Muncie school board members to be residents of the Muncie school district. The bill now says that the two board member seats currently guaranteed to residents will become elected seats in 2022. Also two of the five board members appointed by the Ball State trustees must be residents of the district. This change raises the total number who must reside in the district from two to four. Three may still be non-residents. The rationale for making Muncie the first public school district in Indiana to have non-residents on its public school board is still a mystery. Voting on property tax issues doesn't make sense for non-resident board members. Please urge Senators to change this bill to put residents on the school board for all seven seats! Don't eliminate the school board but rather return the voice of the community to the school board after corrective actions have been completed by an emergency manager. Ask Senators to maintain the institution of the school board for all public school districts so that when financial distress and debt problems have been resolved by an emergency manager, local control can be returned to the local community through a school board, an institution that has stood the test of time. This concern is still an issue also. The amended bill changed the name of the new entity from "advisory committee" to "advisory board." Eliminating the Gary School Board sets a precedent we don't need. The school board's power has already been ended while the emergency manager makes corrections. Please urge Senators to maintain the institution of the school board even while deficit and debt problems are resolved by an emergency manager. Don't permit preliminary discussions of watch lists in public meetings when they haven't been vetted and certified. Ask Senators to amend the fiscal indicators section of HB 1315 to permit the Distressed Unit Appeal Board (DUAB) to consider "watch lists" in confidential executive sessions so that no district will prematurely get a black eye in the public's mind until accuracy has been certified. The committee repaired this part of the bill to keep fiscal problems confidential until accuracy is confirmed. Senators should be thanked for their work on this problem. Action Today The positive changes noted above were contained in an amendment authored by Chairman Mishler which passed on a party line vote. Democrats on the committee offered five amendments to make additional changes, one of which would have reduced the bill to the section on fiscal indicators for all schools and let Muncie and Gary proceed according to the law written last year. All five amendments failed on a party line vote, 4-9. The amended bill passed 9-4 on a party line vote. Take Action about HB 1315 As Soon As Possible We need your voice to contact Senators about HB 1315 regarding amendments! I urge you to contact your Senator or any Senator
Best wishes, Vic Smith vic790@aol.com Dear Friends,
The “Celebration of Public Education” Monday in the Statehouse was a tremendous event! Thanks to all who came and thanks to all who were there in spirit! As our outstanding rally speakers said, public education needs our renewed support and protection. This is true this week in House Bill 1315, which would set troubling precedents to deconstruct the local control of public education if it is not amended by the Senate Appropriations Committee. Here are the four concerns about HB 1315 that I testified on in the Senate Appropriations Committee last Thursday, Feb. 15:
Chairman Mishler listened closely to lengthy testimony and said the testimony would guide an amendment he would bring to the bill at a later meeting. HB 1315 has not been included on the agenda for the next meeting on February 22nd so you have time to make your concerns known this week. The bill needs to be amended. We need your participation. Please review the details about each concern below and then contact members of the Senate Appropriations Committee listed here as soon as possible: Republicans: Senators Mishler (chair), Brown, Bassler, Boots, Bray, Charbonneau, Crider, Eckerty and Holdman Democrats: Senators Tallian, Breaux, Niezgodski and Taylor Senator.Mishler@iga.in.gov,Senator.Brown@iga.in.gov,Senator.Bassler@iga.in.gov,Senator.Boots@iga.in.gov,Senator.Bray@iga.in.gov,Senator.Charbonneau@iga.in.gov,Senator.Crider@iga.in.gov,Senator.Eckerty@iga.in.gov,Senator.Holdman@iga.in.gov,s4@in.gov,s34@in.gov,s10@in.gov,s33@in.gov It would also help if you send a strong message to amend this bill to Senator Long, Senate President Pro Tem, and to your own Senator. House Bill 1315 – School Corporation Financial Management House Bill 1315, sponsored by Representative Tim Brown, chair of the House Ways and Means Committee, proposes to restrict the voice of the public in the public schools in Muncie and Gary because district leaders over several years overspent their budget and fell into debt. It also proposes to set up an assessment of the financial health of all public school districts, setting up a dashboard of financial indicators for all school corporations. Concern #1: For the first time, a public school district could be governed by school board members who do not live in the school district. HB 1315 as it passed the House on a party line vote says the Muncie city council and the Muncie mayor can each nominate a school board member “who must reside within the boundaries of the Muncie school corporation district.” The other five members will be nominated by the president of Ball State and are not required to be residents of the Muncie school corporation. Under this plan, school board members would be setting property tax levies when they don’t even live in the community. This would surely be the basis for a lawsuit regarding representation and cost the district significant money for legal defense which has not been budgeted. This is unprecedented among current school boards and would be a major step in the deconstruction of local public schools in Indiana which began in 2011. Ask Senators to return the public to the Muncie public schools by requiring that all seven members “reside within the boundaries of the Muncie school corporation district.” Concern #2: For the first time, a public school district could ignore state law mandates to display the flag and to study the US Constitution and citizenship. Even private voucher schools are not allowed to ignore the laws on citizenship mandates! HB 1315 turns Muncie’s fiscal crisis into a grand academic experiment “to provide all administrative and academic flexibility to implement innovative strategies”, in the words of the bill. It makes Muncie schools subject to only 17 laws which they must follow instead of the entire body of school law which every other school district must observe. This would make the entire Muncie Community School district akin to an experimental charter school. This flexibility goes too far. The bill actually removes the legal obligations in 20-30-5 for schools to display the flag, say the pledge of allegiance, study the U.S. Constitution, and provide non-partisan citizenship instruction at the time of each general election. No district should be waived from teaching students about citizenship in our democracy! Ask Senators to have the Muncie Community Schools follow the same Indiana school laws that the General Assembly has told all other school districts to follow. Concern #3: For the first time, a public school district in debt and financial distress could lose its public school board in favor of an “advisory committee”. The Gary Public Schools are already under control of an emergency manager who has full control of all district decisions under legislation passed last year in 2017. The powers of the school board have been suspended until the emergency manager recommends to the Distressed Unit Appeal Board (DUAB) that the financial crisis has been repaired and that a return to local control is appropriate. This process could require several years. Given that it already has no power, it is surprising that HB 1315 ends the institution of the school board in favor of a new entity called an “advisory committee” which “may not hold a meeting more than once every three (3) months.” The institution of the school board has served Indiana well for over one hundred years. When financial mismanagement requires that an emergency manager take over to make budgetary corrections, the citizens of Indiana can understand and would assume that after corrective actions have been taken and financial stability has been restored, power to run the public schools would be returned to the local school board under new leadership.
Opponents of public education have long said that school boards should be dissolved and all schools should become charter schools. Is this bill the camel’s nose under the tent for the proposition that we don’t need school boards which represent the community? Is this the first step to losing control of our public schools by community school boards? Ask Senators to maintain the institution of the school board for all public school districts so that when financial distress and debt problems have been resolved by an emergency manager, local control can be returned to the local community through a school board, an institution that has stood the test of time. Concern #4: For the first time, any public school district could be put on a watch list for financial mismanagement which could potentially be made public before detailed reviews have guaranteed the accuracy of the financial assessment. The confidentiality of preliminary data must be guaranteed. Our generational question in Indiana is “Can the public have confidence in our public schools?” Any appearance on a “watch list” for financial instability can deeply shake public confidence in any school district, so any such designation must be treated with extreme caution and vetted for absolute accuracy. Some have called this plan a “shame list” and point out the damage that could be done to public confidence if premature and inaccurate data is made public. Ask Senators to amend the fiscal indicators section of HB 1315 to permit the Distressed Unit Appeal Board (DUAB) to consider “watch lists” in confidential executive sessions so that no district will prematurely get a black eye in the public’s mind until accuracy has been certified. Take Action This Week Send the Senators listed above one or all of these messages to protect our public schools:
If you are concerned with any of these four points, it is important that you communicate your concerns to members of the Senate Appropriations Committee listed above as soon as possible. Go to the Indiana General Assembly website for easy connections to the email of Senators on the committee. Thank you for actively supporting public education in Indiana! Best wishes, Vic Smith vic790@aol.com “Vic’s Statehouse Notes” and ICPE received one of three Excellence in Media Awards presented by Delta Kappa Gamma Society International, an organization of over 85,000 women educators in seventeen countries. The award was presented on July 30, 2014 during the Delta Kappa Gamma International Convention held in Indianapolis. Thank you Delta Kappa Gamma! ICPE has worked since 2011 to promote public education in the Statehouse and oppose the privatization of schools. We need your membership to help support ICPE lobbying efforts. As of July 1st, the start of our new membership year, it is time for all ICPE members to renew their membership. Our lobbyist Joel Hand is representing ICPE extremely well in the 2018 short session. We need your memberships and your support to continue his work. We welcome additional members and additional donations. We need your help and the help of your colleagues who support public education! Please pass the word! Join ICPE-MC. 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. In 2013 I was honored to receive a Distinguished Alumni Award from the IU School of Education, and in 2014 I was honored to be named to the Teacher Education Hall of Fame by the Association for Teacher Education – Indiana. |
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