Reading--The Legislature Is Too Interested, the State Supreme Court Is Not Interested Enough

Third Grade Reading Bill Passes House Education Committee--What's In It?

The "third grade reading bill," as it is being called in shorthand, has passed the state house education committee. To my great disappointment, my representative (Adam Zemke) has signed on as a sponsor.


5) BEGINNING WITH PUPILS ENROLLED IN GRADE 3 DURING THE 2016-
8 2017 SCHOOL YEAR, ALL OF THE FOLLOWING APPLY:
9 (A) IF A PUPIL ENROLLED IN GRADE 3 IN A SCHOOL DISTRICT OR
10 PUBLIC SCHOOL ACADEMY IS RATED 1 FULL GRADE LEVEL OR MORE BEHIND IN
11 READING, AS DETERMINED BY THE DEPARTMENT BASED ON THE READING12 PORTION OF THE GRADE 3 STATE ENGLISH LANGUAGE ARTS ASSESSMENT, THE
13 BOARD OF THE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF THE PUBLIC
14 SCHOOL ACADEMY IN WHICH THE PUPIL IS ENROLLED SHALL ENSURE THAT THE
15 PUPIL IS NOT ENROLLED IN GRADE 4 UNTIL 1 OF THE FOLLOWING OCCURS:
16 (i) THE PUPIL ACHIEVES A GRADE 3 LEVEL READING SCORE AS
17 DETERMINED BY THE DEPARTMENT BASED ON THE GRADE 3 STATE ENGLISH
18 LANGUAGE ARTS ASSESSMENT.
19 (ii) THE PUPIL DEMONSTRATES A GRADE 3 READING LEVEL THROUGH
20 PERFORMANCE ON AN ALTERNATIVE STANDARDIZED READING ASSESSMENT
21 APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
22 (iii) THE PUPIL DEMONSTRATES A GRADE 3 READING LEVEL THROUGH A
23 PUPIL PORTFOLIO, AS EVIDENCED BY DEMONSTRATING MASTERY OF ALL GRADE
24 3 STATE ENGLISH LANGUAGE ARTS STANDARDS THROUGH MULTIPLE WORK
25 SAMPLES.
26 (B) IF A CHILD YOUNGER THAN 10 YEARS OF AGE SEEKS TO ENROLL
27 FOR THE FIRST TIME IN A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN 
1 GRADE 4, THE BOARD OF THE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF
2 THE PUBLIC SCHOOL ACADEMY SHALL NOT ALLOW THE CHILD TO ENROLL IN
3 GRADE 4 UNLESS 1 OF THE FOLLOWING OCCURS:
4 (i) THE CHILD ACHIEVES A GRADE 3 LEVEL READING SCORE AS
5 DETERMINED BY THE DEPARTMENT BASED ON THE READING PORTION OF THE
6 GRADE 3 STATE ENGLISH LANGUAGE ARTS ASSESSMENT.
7 (ii) THE CHILD DEMONSTRATES A GRADE 3 READING LEVEL THROUGH
8 PERFORMANCE ON AN ALTERNATIVE STANDARDIZED READING ASSESSMENT
9 APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.
10 (iii) THE CHILD DEMONSTRATES A GRADE 3 READING LEVEL THROUGH A
11 PUPIL PORTFOLIO, AS EVIDENCED BY DEMONSTRATING MASTERY OF ALL GRADE
12 3 STATE ENGLISH LANGUAGE ARTS STANDARDS THROUGH MULTIPLE WORK
13 SAMPLES.

In other words--typically a student could be held back based on just his or her performance on a state test. 

14 (C) SUBJECT TO SUBSECTION (12), IF A PUPIL IS NOT ENROLLED IN
15 GRADE 4 DUE TO THE OPERATION OF THIS SUBSECTION AND THE PUPIL HAS
16 DEMONSTRATED PROFICIENCY IN MATHEMATICS, SCIENCE, WRITING, OR
17 SOCIAL STUDIES AS DETERMINED BY THE GRADE 3 STATE ASSESSMENT IN THE
18 APPLICABLE SUBJECT AREA OR BY THE PUPIL'S GRADE 3 READING TEACHER,
19 THE BOARD OF THE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF THE
20 PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT THE PUPIL IS PROVIDED WITH
21 INSTRUCTION COMMENSURATE WITH THE PUPIL'S ACHIEVEMENT LEVEL IN THAT
22 SPECIFIC SUBJECT AREA. THIS INSTRUCTION MAY BE GIVEN IN A GRADE 4
23 CLASSROOM SETTING.

In other words, a student might be "moved up" to Grade 4 for math and science and social studies, and then pulled out for reading intervention, but not actually called a "4th grader" unless his or her reading progressed.

24 (6) FOR PUPILS WHO ARE NOT ADVANCED TO GRADE 4 OR CHILDREN WHO
25 ARE NOT ENROLLED IN GRADE 4 DUE TO THE OPERATION OF SUBSECTION (5),
26 THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE A
27 READING INTERVENTION PROGRAM THAT IS INTENDED TO CORRECT THE 
1 PUPIL'S SPECIFIC READING DEFICIENCY, AS IDENTIFIED BY A VALID AND
2 RELIABLE ASSESSMENT, AND ADDRESS ANY BARRIERS TO READING. THIS
3 PROGRAM SHALL INCLUDE EFFECTIVE INSTRUCTIONAL STRATEGIES NECESSARY
4 TO ASSIST THE PUPIL IN BECOMING A SUCCESSFUL READER, AND ALL OF THE
5 FOLLOWING FEATURES, AS APPROPRIATE FOR THE NEEDS OF THE INDIVIDUAL
6 PUPIL:
7 (A) A REDUCED PUPIL-TEACHER RATIO OR 1-TO-1 READING
8 INTERVENTION WITH A VOLUNTEER.
9 (B) ASSIGNING TO THE PUPIL A HIGHLY EFFECTIVE TEACHER OF
10 READING AS DETERMINED BY THE TEACHER EVALUATION SYSTEM UNDER
11 SECTION 1249, THE HIGHEST EVALUATED TEACHER IN THE SCHOOL AS
12 DETERMINED BY THAT SYSTEM, OR A READING SPECIALIST.
13 (C) READING PROGRAMS THAT ARE RESEARCH-BASED AND HAVE PROVEN
14 RESULTS IN ACCELERATING PUPIL READING ACHIEVEMENT WITHIN THE SAME
15 SCHOOL YEAR.
16 (D) READING INSTRUCTION AND INTERVENTION FOR THE MAJORITY OF
17 PUPIL CONTACT TIME EACH DAY THAT INCORPORATES OPPORTUNITIES TO
18 MASTER THE GRADE 4 STATE STANDARDS IN OTHER CORE ACADEMIC AREAS.
19 (E) DAILY TARGETED SMALL GROUP OR 1-TO-1 READING INTERVENTION
20 THAT IS BASED ON PUPIL NEEDS, DETERMINED BY ASSESSMENT DATA, AND ON
21 DIAGNOSED BARRIERS TO READING AND THAT INCLUDES EXPLICIT AND
22 SYSTEMATIC INSTRUCTION WITH MORE DETAILED AND VARIED EXPLANATIONS,
23 MORE EXTENSIVE OPPORTUNITIES FOR GUIDED PRACTICE, AND MORE
24 OPPORTUNITIES FOR ERROR CORRECTION AND FEEDBACK.
25 (F) ADMINISTRATION OF ONGOING PROGRESS MONITORING ASSESSMENTS
26 TO FREQUENTLY MONITOR PUPIL PROGRESS.
27 (G) SUPPLEMENTAL RESEARCH-BASED READING INTERVENTION DELIVERED 
1 BY A TEACHER OR TUTOR WITH SPECIALIZED READING TRAINING THAT IS
2 PROVIDED BEFORE SCHOOL, AFTER SCHOOL, DURING REGULAR SCHOOL HOURS
3 BUT OUTSIDE OF REGULAR ENGLISH LANGUAGE ARTS CLASSROOM TIME, OR ANY
4 COMBINATION OF THESE.
5 (H) PROVIDES PARENTS AND LEGAL GUARDIANS WITH A "READ AT HOME"
6 PLAN OUTLINED IN A PARENTAL CONTRACT, INCLUDING PARTICIPATION IN
7 PARENT AND GUARDIAN TRAINING WORKSHOPS AND REGULAR PARENT-GUIDED OR
8 GUARDIAN-GUIDED HOME READING.

Yes, that would mean the teacher assessed as "highly effective" based in large part on test score evaluations. And who is going to pay for the reading interventions? 

[Side note, but totally relevant: The ACLU of Michigan had brought a lawsuit forward based on Highland Park's failure to teach kids to read, and the Supreme Court of Michigan just declined to hear it. People, it's all about funding, and poverty... Go to the end of this piece to read an excerpt of the ACLU statement, or follow the link.]

9 (7) IF THE SUPERINTENDENT OF THE PUPIL'S SCHOOL DISTRICT OR
10 CHIEF ADMINISTRATOR OF THE PUPIL'S PUBLIC SCHOOL ACADEMY GRANTS A
11 GOOD CAUSE EXEMPTION FROM THE REQUIREMENTS OF SUBSECTION (5)(A) FOR
12 A PUPIL, THEN A PUPIL MAY BE ADVANCED TO GRADE 4 WITHOUT MEETING
13 THE REQUIREMENTS OF SUBSECTION (5)(A). A GOOD CAUSE EXEMPTION MAY
14 BE GRANTED ONLY ACCORDING TO THE PROCEDURES UNDER SUBSECTION (9)
15 AND ONLY FOR 1 OF THE FOLLOWING:
16 (A) THE PUPIL IS A STUDENT WITH AN INDIVIDUALIZED EDUCATION
17 PROGRAM WHOSE INDIVIDUALIZED EDUCATION PROGRAM TEAM DETERMINES THAT
18 THE PUPIL IS INELIGIBLE TO TAKE THE STANDARD GRADE 3 STATE
19 ASSESSMENT, OR THE MI-ACCESS ASSESSMENT OR ANY SIMILAR ALTERNATIVE
20 STATE ASSESSMENT, ACCORDING TO HIS OR HER INDIVIDUALIZED EDUCATION
21 PROGRAM.
22 (B) THE PUPIL IS A LIMITED ENGLISH PROFICIENT STUDENT WHO HAS
23 HAD LESS THAN 2 YEARS OF INSTRUCTION IN AN ENGLISH LANGUAGE LEARNER
24 PROGRAM.
25 (C) THE PUPIL HAS RECEIVED INTENSIVE READING INTERVENTION FOR
26 2 OR MORE YEARS BUT STILL DEMONSTRATES A DEFICIENCY IN READING AND
27 WAS PREVIOUSLY RETAINED IN KINDERGARTEN, GRADE 1, GRADE 2, OR GRADE 
1 3.

For crying out loud! This implies that you could have 10 and 11 year olds in with your 8 year olds. Think that makes any sense developmentally? 

It's also worth noting that dyslexia organizations are upset this bill was developed without them. Reading disabilities are often not diagnosed until third or fourth grade.

Here's the full bill. 

***********************************************************

Supreme Court Refuses to Hear ACLU of Michigan lawsuit

The ACLU had brought forward a case filed on behalf of eight public-school students in Highland Park who contend that the district has failed to meet its obligation to ensure basic literacy skills among children in the district.

By car, it's a little over an hour to drive from Highland Park to Lansing,
but clearly it's a world away. Screenshot from Google Maps.

As the ACLU writes, "Today the state Supreme Court refused to hear a case that ruled against children whose schools have failed to teach them to read.   While the trial court decided that The appellate court said that the state has no enforceable duty to ensure that schoolchildren actually learn fundamental skills such as reading – but rather is obligated only to establish and finance a public education system, regardless of the quality of that system. Waving off decades of historic judicial precedent, the majority opinion contended that “judges are not equipped to decide educational policy"... 

Dissenting from the majority opinion, Judge Douglas Shapiro accused the Court of Appeals of “abandonment of our essential judicial roles, that of enforcement of the rule of law even where the defendants are governmental entities, and of protecting the rights of all who live within Michigan’s borders, particularly those, like children, who do not have a voice in the political process. 

ALSO (my summary): The Supreme Court ACKNOWLEDGED an abysmal failure of the system, but by refusing to hear the case essentially said, "It's not our problem."

 *************************************************************** 

Connect...the....Dots 

Guess what? In Highland Park, in the lawsuit, a majority of kids failed the state assessment for proficiency in reading. The district had no money. Has no money. Is under emergency management. Can you imagine having all those kids held back, for one, two, or three years?

The state is ABDICATING its responsibility to help kids in poverty-stricken districts, especially, and no amount of "third grade reading bills" that require expensive interventions but don't provide any money for them is going to solve that problem.

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BREAKING: Education Achievement Authority Looks for Teachers to Teach in a "Christian Setting"

The Education Achievement Authority (EAA), the controversial publicly-funded school system that has taken over 15 "failing" schools that were formerly Detroit Public Schools, is advertising for lead preschool teachers for three schools (Bethune, Law, and Brenda Scott) who will be "responsible for implementing a developmentally appropriate early childhood education curriculum in a Christian setting."

According to a letter sent to the EAA by the American Civil Liberties Union of Michigan, a teacher called the ACLU last week to alert them to this job posting.

Excerpt from the EAA preschool teacher job posting. Found online at http://michigan.gov/documents/eaa/Preschool_Teachers_441799_7.pdf on 2/25/2014.

What's more, because the EAA is the vehicle for the state-run State School Reform/Redesign District, the job posting is actually hosted on the State of Michigan's web site, michigan.gov. [Find other documents from the EAA at michigan.gov/eaa.]

In the letter to Chancellor John Covington, the head of the EAA, from Legal Director Michael J. Steinberg, the ACLU notes that:

There is no principle more fundamental to American public education than the requirement that schools be welcoming of all students and teachers regardless of religious or racial background. Our Constitution wisely requires schools to remain neutral in matters of religion. . . 

I hope that you will respond to this letter by explaining that the use of the "Christian setting" language was somehow a mistake and that you will change the job description right away. Even if it was a mistake, however, we are distressed by how many EAA administrators and staff must have read the job announcement without thinking it was wrong or demanding that it be changed. Moreover, we wonder how many excellent teachers who are Muslim, Jewish or not religious read the job description and decided not to apply because they believed they were not wanted. Indeed, how many top notch teachers who are Christian decided not to apply because they thought it was improper to teach public school students in a religious environment?

Read the entire letter, including Exhibit A (a .pdf of the job description) here.

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It's Constitution Day!

United States Post Office Department,
via Wikimedia Commons

Looking for resources on the Constitution, for today or the future?

Here is the ACLUs Constitution Day page. They've got lots of activities and ideas for teachers. I haven't really looked at it, so I don't know what is on it, but I'm sure at least some of it is worthwhile.

Tinker Tour USA is starting on Constitution Day. Some of you may know the Tinkerhess family from Ann Arbor (think 4th Ave. Birkenstock). Paul Tinkerhess's family was involved in a famous school free speech/peace protest that went all the way to the Supreme Court as Tinker v. Des Moines, 1969.

The Tinker Tour, a way of drawing attention to free speech issues, is starting at the Liberty Bell in Philadelphia, with Paul's sister Mary Beth Tinker and brother John Tinker.

You can follow along their tour here.

Occasionally Writing for the Ann Arbor Chronicle

I am going to occasionally write a column for the Ann Arbor Chronicle. By occasional, I mean something approximately bimonthly.

Today I have an article in the Chronicle about the ACLU's lawsuit against the Ann Arbor schools, which is an effort to keep the schools from charging tuition for students taking seven hours in a semester.

Can you believe that the district was sued over charging students illegal fees over 40 years ago?! As I think  Yogi Berra said, "It's deja vu all over again!"

Read the whole article here.

*What is funny/interesting from my point of view is that my first article in the Chronicle (which you can read here) became an exhibit in the brief that the ACLU filed!

An Interview. . . With Myself!

I thought that I would do an interview of myself for a change of pace. You can interview me too, and if you have a question for me you can put it in the comments.

Oh. And I have removed the form from Haiku Monday, and in its place I have put in the haikus that others contributed. Take a look, they are good!

1. What do you think of the blogathon so far? 

June is winding down, and it's a good thing, because the Blogathon pace of writing a post a day is wearing me down, and has meant a lot of late nights for me! It's been a good experience, and I've liked being part of a "blogging community." Also I have enjoyed having some guest posters. 

What is amazing to me is that some of the things I thought for sure I would get to, I haven't gotten to write about yet. For instance, I have some great material for a couple of posts on the NWEA MAP test--and now I don't think I'll get to them until mid-July!

2. This is kind of a "housekeeping" question. Google Reader is going away July 1. Have you figured out what you are using in its place, and/or how people can keep getting your blog?

For the feeds that I get, I have started using feedly.com, and I really like it. There are some other alternatives as well. One of them is called The Old Reader and is like an older version of Google Reader. I haven't tried that, but you might. One other option that may be attractive to you (especially once I stop writing a post a day!)--you can sign up to get this blog emailed to you, there is a spot in the right-hand column to do that.

I think this also means that I can't get google alerts in an RSS feed anymore, and I'm not sure what I'll do about them. Suggestions are welcome! [My google alerts are set to really exciting topics, like Ann Arbor Public Schools and WISD...]

2. What was the most exciting education news in the last 24 hours?

In Michigan, it was undoubtedly the next step in the ACLU of Michigan's Highland Park "right to read" case. Nearly a year ago the ACLU filed a class action lawsuit alleging the state had failed to live up to its constitutional obligation to provide kids with an education. You might remember that Highland Park has an emergency manager now. [Said emergency manager was recently caught throwing out valuable black history books and said (and I'm paraphrasing), "Well, we're not in the business of running libraries." Yeah, because what business would schools have with school libraries??????"] Anyway--now the state was trying to say that because there was an emergency manager, the state had "broad immunity" from being sued. The judge didn't buy that, and the lawsuit will proceed. Read the ACLU press release here.

3. How do you feel about what the Ann Arbor Board of Education did yesterday?

I was very disappointed that the board turned away a lot of money ($500,000) for advertising revenue (billboards) and chose to dip even further (almost $400,000) into the fund balance, all the while keeping the ill-advised "tuition" 7th hour and having lots of staffing cuts. 

I am very very curious about who the semi-finalists for the superintendent position will be. 

And I really liked something that Christine Stead wrote on her blog: "I hope we will support reinstating domestic partner benefits as a result of the Supreme Court rulings today.  Snyder’s law banning partner benefits is unconstitutional."

4. Something that relates to your high school experience happened today. Tell us about it.

There is a new NBA Commissioner, Adam Silver. Adam and I went to high school together, and in fact had many classes together. We had a monthly newspaper at school, and at one point Adam was the boys' sports editor, and I was the girls' sports editor. So if he is the NBA Commissioner, why aren't I the WNBA Commissioner? 

Maybe it has something to do with Title IX.

That's all for now. . . You can send me your questions in the comments if you want, and I will try to answer them. [Yes, I like comments.]

Six Solstice Friday Notes

Not that these notes really have anything to do with the solstice. . .

1. The legislature adjourned today without the Senate voting on Medicaid expansion. I was soooo disappointed. Sen. Randy Richardville (majority leader) does in fact represent a small portion of Washtenaw County, and he refused to bring it forward for a vote--despite Governor Snyder's support (and Snyder is another resident of Washtenaw County). I haven't quite given up hope yet. I think you'd be surprised how much Medicaid money comes into schools; and in my day job the Medicaid expansion is super important. It will provide health coverage to many thousands of Washtenaw County residents.

2. The legislature also adjourned without supporting funding for the implementation of Common Core. Americans for Prosperity (a tea party group) touted this as a great thing. Don't get me wrong, I've got issues with Common Core. But--and this is a big but--the state has committed itself, and its schools, to implementing Common Core. So if the state is committed to something, but doesn't give money for it, guess what that means? Yes, another unfunded mandate for the schools. Meanwhile the legislature did manage to support the dissolution of school districts (Inkster and Buena Vista) in a really poorly-considered piece of legislation. Read about that here.

3. I was at one of the Superintendent Forums for the Ann Arbor Schools on Wednesday. I'm guessing that most of you weren't there, because the turnout at the first three of them was quite low. (I went to #3 so I heard a little about #1 and #2, but I'm not sure what happened at #4.) I believe Deb Mexicotte that they were still useful for the board, because we were able to have an in-depth discussion about what was important. (At the forum I went to, board members Deb Mexicotte, Susan Baskett and Glenn Nelson were there.) For me, a few things that are important include: site visits; giving local candidates (at least Michigan, preferably southeast Michigan) a chance; getting an understanding of how the candidates approach decision making; finding people with an open communication style who want to set out a vision and get some buy-in; people who embrace what it means to be working under the microscope that is Ann Arbor. You might have your own list of important things. Remember that we will never see the 90% of the candidates who don't make it to the semifinal stage (which will be decided, I believe, June 26th). That's because only the semifinalists and finalist names will be made public. I think it's important to share with the board what your "essential" things are. You can do that by emailing them at boe@aaps.k12.mi.us, or calling them. Contact information is here.

4. While at the Superintendent Forum, before we got started, I asked about the decision to charge for seventh hour. Glenn Nelson expressed something that (at least one of) the board members had expressed at the last board meeting, which was that a) he felt that 7th hour needed to be self-supporting and that b) charging $100 this year was a way to "try out" charging money and "work the kinks out" in the expectation that the following year they will charge $350 to $400 per semester. Now, leave aside for a minute the fact that the ACLU believes that this practice is illegal; and leave aside for a minute the fact that Michigan Department of Education rules also appear to prohibit charging for seventh hour. I also have to think that there are a lot of people who might be able to afford  $100/semester for a child but not $350 or $400 per semester. And I wonder what kind of projections the district has done to try and figure out who would opt in and opt out. My guess is that they haven't done those projections. The whole idea that rather than thinking something through in advance we'll just feel our way along through the next year and "see" if or how it works doesn't sit very well with me. And (now paying attention to the points about whether this is legal) I'm concerned that the district would walk knowingly into the expenses of a lawsuit even though there is a way to avoid it.

And I bring this up, why? Well, I bring this up because today's annarbor.com had an article in which it says "Some 'cleanup' is needed on approved Ann Arbor Public Schools budget for fall." So, cleanup is needed? Let's clean this up. Cut out the fees for 7th hour; try and address this issue over the coming year; and if we need to bring back the billboards to do that, then--so be it.

Again, you can contact the board with your own ideas for "cleanup."

5. You might have read about the Michigan ACLU's "right to read" lawsuit in Highland Park. Well, now the State of Michigan is trying to say that they have no responsibility for literacy in school districts like Highland Park, in which there is an emergency manager, and that because of the emergency manager law the state gets "broad immunity." Also, the ACLU has been documenting the alleged falsification of records by employees of the charter company hired to run the high school. Read more here.

6. Over on the right side of my blog I have a blogroll, and for the last several years I've listed the blog Foster Parenting Adventures there. I've been following the tale of Tikun Olam (not her real name) and her family for several years, from when they first decided to be trained as a foster family to when they finally got their first fostering assignment. And Friday, June 21st, 2013 is, in fact, Adoption Day for CD, who has been with them for several years! Mazal Tov to Tikun Olam  and family. If you have a moment, take a look at her blog.

Reviewing the AAPS Budget Decisions

In another very late night meeting, the Ann Arbor school board voted on a budget. I tried and tried to keep my eyes open for it, but at 1 a.m. I had to go to bed. The board voted on the budget around 2 a.m. I think you already know my opinion of late night decisions--they often don't sit all that well in the morning. Also, there were a lot of last-minute calculations going on, and that can lead to mathematical errors. On the other hand, budgets can be amended.

First, the good:

• The school board saved high school transportation. I think that is fantastic. Even though I don't think anyone spoke on behalf of high school transportation during that evening's public commentary, they saved it anyway.
• They managed to save Pioneer's theater tech person while putting it on Pioneer Theatre Guild to raise more money. That seems reasonable, and I think the Guild will be able to pull it off--they have a good fundraising machine.
• They managed to save middle school sports that were scheduled to be cut.
• At the time of the school board meeting, the district had received 37 announced retirements. It seems possible to me that the district will be able to avoid most of the layoffs.

Second, the "I think this is good but I'm not positive" category:

• The school board saved most of the reading intervention specialists. My question continues to be--does the program work? I haven't seen evidence that it does, or it doesn't. (That doesn't mean the evidence doesn't exist, by the way. It just means I haven't seen it.) I do wish they would share their evidence.
• The school board settled on a mid-point in trying to figure out how much money they will get for best practices from the state. The possible numbers were $70/student, $40/student, and $0/student. Last year they budgeted for $70 (and qualified for it) but more school districts than expected qualified and so the state gave everybody less money. This year, the school board settled on a number between $40 and $70 and I think that was the right decision--however, if we get less than budgeted, that will further erode the fund balance.
• The school board assumed that they will get concessions from the administrators' union, curriculum coordinators, and tech support staff unions equivalent to the 3% concessions from the teachers union and the cabinet members. That will probably happen, but I'll just note that it hasn't yet.
• The school board assumed flat enrollment. Since they saved high school transportation, I am more optimistic that this is correct. Note, however, that the state is rolling back the entry dates for kindergarten (by a month each year for three years, until the birth date cutoff will be September 1). I hope that the estimates for reduced kindergarten enrollment are correct.

Third, the "I'm not sure this was the right thing to do" category: 

• The board continued to choose to dip into the fund balance. I share Christine Stead's feeling that this puts the district in a more vulnerable position, because the state of Michigan is not working with the district's best interests in mind. On the other hand, I'm sure I'm not the only parent who is tired of class sizes getting bigger, and fewer electives being offered. 
• The board cut the physical education requirement to match the state standard. I don't have a problem with that per se, but: a) I'm really skeptical that this will save the money they expect it to save (which I think was 4 PE teachers, or $400,000) because those students still need electives, and other teachers still need planning time periods, and b) PE classes tend to be on the larger side already, and in any case, kids need PE. [In high school, I had gym four days a week every week of school, for four years.]

Last, the "this was clearly the wrong thing to do" category:

• The district restored seventh hour, but only with a "you have to pay to take the class" option for those schools on the semester schedule (Pioneer, Huron, Community). This is wrong-headed in so many ways. First, before last week's board meeting the ACLU of Michigan had notified the board that they believe this practice to be illegal and unconstitutional. Yet the school board proceeded, risking a lawsuit and all of the fees associated with that, to bring in something like $100,000. [They estimated slightly more income, but in the last-minute rush, I don't think they put in any costs for running a pay-to-play program. So let's call it $100,000 in income.] The school board proceeded, despite the fact that it appears they will be allowing Skyline to continue with a trimester system, and under the trimester system, Skyline students will get three classes more a year for free than the other schools. And that might lead to a different kind of lawsuit. [One thing that could be worrisome about this whole issue--the new interim Superintendent, David Comsa, is the district's attorney. Did he tell the district not to worry about a lawsuit? I don't know, but if he did, I worry about that advice!]
• Adding insult to injury, the board could have kept seventh hour, without any "pay to take the class" option, by accepting Adams Outdoors' offer to pay for three billboards on school property, for $100,000. But the school board rejected the offer, because they didn't like the way the billboards would look. Yup. I'm not a billboard fan, but the budget is very tight. Several years ago the district agreed to put up some cell phone towers to bring in income, and I thought they would look ugly too. But after a very, very short while, I didn't even notice them. Putting up billboards is not like making a deal with the devil. If it allows us to keep seventh hour without a fee, and without risking lawsuits? That says to me--"no brainer!"

And you know, school board, when it comes to these last two issues? You can still change your mind.

Michigan ACLU Says AAPS Plan to Charge 7th Hour Tuition is Illegal

Today, in a letter to the Ann Arbor Public Schools Board of Education and Superintendent Pat Green, the ACLU said that charging for seventh hour tuition would be illegal. They also reference an important lawsuit around education that I had never heard of, but that involved the Ann Arbor Schools back in 1970.

The letter reads, in part (click on the excerpt to read it full size):

Read the complete letter here.