State Legislation: Thank You, Local School Boards, Superintendents, Representatives

I think I would be remiss if I didn't thank the school board and superintendent (and, in fact, not just of Ann Arbor, but of Lincoln schools and maybe some other local ones as well), for taking policy issues to the legislators.

1. Ann Arbor Superintendent Jeanice Swift testified at a Senate Committee hearing against the idea of having guns, whether open carry or concealed carry, in schools. 

Here is an excerpt of her statement:

My remarks today are directed specifically toward the question of allowing concealed carry in pre K-12 schools.  

We recognize the proposed legislation is considered by some as a ‘fix,’ a compromise, an effective way to close the ‘open carry loophole’ that currently exists in Michigan law. Clearly, some consider ‘concealed carry’ as an improvement over ‘open carry.’ 

We understand that the stated intent of the legislation may in part be designed to remove the concerns with weapons that are visibly displayed in school and so prove a disruption to ensuring a safe, secure, learning environment. However, it is overwhelmingly clear that guns, visible or concealed, pose a significant risk to the safety and wellbeing of students, staff, and families at school.

You should read the rest, because Dr. Swift gives some shocking examples that happened in real life, that explain why guns in schools are a bad idea.

2. On the "third grade retention bill," which would provide interventions for struggling readers but also would require kids to be retained, the bill has passed out of the House more or less on party lines. My representative, Adam Zemke, originally was a co-sponsor but withdrew his support. According to this article,

The proposal was approved in a 57-48 vote, mostly along party lines, and now heads to the Senate. Democratic Rep. Adam Zemke of Ann Arbor, an original co-sponsor of the bill and key player in negotiations, withdrew support on the floor and removed his name from the measure.
Zemke had proposed an amendment to allow struggling readers to advance to fourth grade if they were working to improve under an individualized reading plan and had support from school administrators and parents. The amendment was rejected.
"This bill, without that amendment, then tells Johnny none of that (work) matters," Zemke said. "We're going to hold you back regardless. I am not going to remove the hope of a 9-year-old, period."

Thank you Lincoln Consolidated Schools Board for opposing this bill!
Thank you, Representative Zemke! The bill now goes to the Senate.

The bills go to the Senate next. The Capitol is

pretty. What's going on inside? Not so much.

3. The Teacher Evaluation bill passed the House. It's better than it was, but it's still (in  my opinion) bad, and I appreciate Rep. Jeff Irwin's opposition to this bill. He wrote on facebook:

I also have concerns about SB 103, the educator evaluation policy. My opposition stems in part from my opposition to the changes made to the tenure act in 2011. But, my opposition is deeper than my desire to stunt the effect of those changes. Mainly, I'm opposed to the bill because it accepts the toxic notion that education will be improved by more testing and more motivation for the teachers. This bill accelerates the problem we have with teaching to the test. If we want educators to teach to the test, the best way is to approve legislation like this that bases their employment and promotion on testing.
Also, I don't think the tests we're mandating produce consistent and reliable results. In other states that have adopted similar policies relying on testing growth (or value added), teachers are rated highly effective one year and then ineffective the next. The assessments bounce all over and this legislation will provide unreliable information to parents and school leaders. Our students and educators deserve better. (Emphasis added.)

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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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Pedestrian Safety Report Is Out--You Can Make A Difference

The past two days, Jews around the world marked the start of the Jewish New Year, or Rosh Hashanah. In case you're wondering what that has to do with schools, or pedestrian safety, let me tell you.

A year ago last night (counting by the Jewish calendar*), on the second night of Rosh Hashanah, a little girl named Anna Hendren Schwalb was hit by a car in Ann Arbor, and she unfortunately did not survive. In Anna's memory, last year I wrote about how pedestrian deaths--of children--are more common than you would think.

Ann Arbor averaged 55 pedestrian crashes per year for the five-year period 2010-2014; this was a 22% increase over the average of 45 pedestrian crashes for the previous five-year period 2005-2009. In addition, using those same two periods, the total number of incapacitating injuries resulting from pedestrian crashes increased 100% (22 to 44), and the total number of fatalities increased from 2 to 6. . . And while Ann Arbor crashes involving pedestrians represent only 16% of all crashes in the City of Ann Arbor, pedestrians account for one-third (1/3) of the fatalities and almost one-quarter (1/4) of all serious injuries. --From the City of Ann Arbor Pedestrian Safety & Access Task Force Report, p. 3

The fact is, when it comes to car-pedestrian, or car-bike accidents, it's not exactly a fair match-up.**

Anyway--I was already interested in pedestrian safety, but Anna's death made me pay attention to the city's Pedestrian Safety and Access Task Force. And last night, exactly a year after Anna was hit by the car, the task force presented their findings to city council at a working session.

And yes, I think that this is definitely a school issue. Many kids do walk or bike to school; and many don't, because their parents don't feel that where they would need to walk would be safe. Many kids walk to school on roads without sidewalks; cross roads without crosswalks; leave their houses before it is light, or return home when it's already dark.

Cover page of the Pedestrian Safety & Access Task Force.
You can find the report online here.

The Task Force identifies "Seven Symptoms" in their report--one specifically calls out children walking or biking to school, but I think the others all relate to schools as well:

1. Motorists passing other Vehicles that are stopped for Pedestrians in a Crosswalk. 
2. Motorists failing to stop for Pedestrians at Midblock Crosswalks. 
3. Motorists failing to stop for Pedestrians at School Crosswalks. Marked school crosswalks are not immune to symptoms 1 and 2. 
4. Motorists failing to yield to Pedestrians when Turning at Intersections. 
5. Inconsistent Signing, Marking and Signaling of Crosswalks. 
6. Snow and Ice Accumulation on Sidewalks and Crosswalks Inhibiting Pedestrian Travel. 
7. Motorists Speeding in Residential Neighborhoods.

There are a lot of recommendations. I am not going to summarize them here. I'm just going to say--you should read the report.

Beyond reading, though, what can you do?

1. Support the proposals in the task force report--some of them take money, some of them take time, some of them take awareness. Remember, support can be beautiful.

2. "If you see something, say something." If you see something that seems unsafe for pedestrians or bicyclists, speak up! The right "authority" to notify might be the schools, or city council, or township government, or the county road commission. Recently, I put in a request through my city council representative to have the Newport/Red Oak flashing yellow light become flashing red around the times that school starts and school ends. I don't know whether that will happen, but I realized--it doesn't hurt to ask.

3. Slow down. Yes, I'm talking to myself here, too. In fact, one of the recommendations is to work toward speed limits of 25 miles per hour or less city wide. As the report notes, "any residential street where the 85 percentile speed is greater than 25 mph or a school zone where the 85 percentile speed is greater than 25 mph during school hours should be evaluated for geometric, signal timing and roadside improvements that have been shown to reduce the speed of motor vehicles."

And why are we doing this? To make this place safer--for kids, and for adults, for pedestrians, for bicyclists, and for drivers.


*The Jewish calendar is lunar-solar, so it doesn't match up exactly with the secular calendar. The events I'm talking about took place a few weeks later in 2014.

**And I was reminded of this last month, when my husband was in a car-bike accident. He was the one on the bike. Luckily, he's fine (just a few scratches), thank you for asking. The bike was quite damaged. The car? unscathed. Whatever numbers of accidents they have compiled, I'm pretty sure that it's an undercount. For example, my husband and the car driver did not immediately file a police report (or exchange numbers! that was a mistake!)--my husband filed it several days later. How many accidents never get reported, or counted?

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Guest Post: This is How Our Public Schools Die

Occasionally someone volunteers to write a guest post! I think this post, by Steve Norton, the Executive Director of Michigan Parents for Schools (written in his capacity as a parent, but with the knowledge he brings from MIPFS), is worth your time! He calls it a "companion piece" to the parent letter that was sent to the Ann Arbor school board and teachers' union. (See this post.)

The little embedded video--all of 11 seconds long--is from the movie Independence Day--a movie I've never seen. This holiday should remind us all of our rights and responsibilities as Americans, and that's really what Steve's post is about! (And that's why I've got the text colors set up in red and blue!) --Ruth


By Steve Norton




Everyone who cares about education in our community ought to be paying attention to what is happening right now between the leaders of our school district and the union which represents Ann Arbor teachers. Not to take sides, or to point fingers, but to understand the awful consequences of policies crafted over many years by "think tanks" and lobbying groups who hold tremendous power in Lansing. What we are seeing here today was scripted long ago, by those who hold community governance of education in contempt. Should we continue to follow their script, or should we start writing our own?

As a concerned parent, I definitely want a strong and stable school district which can offer great programs, maintain reasonable class sizes, and avoid constant crises. But as an involved parent, I also know that what matters most for my children is their everyday interaction with the teachers and other professionals who educate and care for them. School is not a place where we send our children to download "facts" and memorize algorithms. A quality education helps teach our children how to think, how to ask the right questions, and how to understand those different from themselves. Together, parents and schools prepare our children to grow into thoughtful citizens and productive members of our community. That's not something which can happen without talented, committed professionals at every level, most especially in the classroom.

So what has our state done to help make this possible? More than twenty years ago, we placed the fate of our local schools largely in the hands of the state legislature, because we gave them control over the funding for our schools. Money isn't everything, but schools are dark and cold without electricity and gas, buses don't run without fuel, and programs don't exist without the people to implement them.

Since that time, districts like Ann Arbor have seen their per-pupil funding lag behind inflation nearly every year, to the point where the real spending power of our funding is  over 21% below where it was in 1995, even before retirement costs are subtracted. Overall state spending on K-12 education has stagnated over the last decade and more, and when the mandatory payments to the state retirement system are taken out, real state per-pupil spending is down 21% since 2002. Perhaps more important, the share of our state's economic product that we use to pay for education has gone steadily down over the last decade: in good times or bad, we are committing less and less of our income to support K-12 schools.

In response, local school districts have been cutting programs, laying off teachers, insisting on pay concessions from employees, and privatizing any services which can legally be contracted out. Class sizes have risen, offerings have narrowed, and teachers have not only had their pay cut but their resources slashed. The rise of high-stakes testing has pushed quality education aside for the sake of test prep. The system, and everyone it it, has been under more and more stress as the years pass by. For background on how this has played out in Ann Arbor, please see the presentation here: https://drive.google.com/file/d/0B3W0G8KNKLfLempCX1BoUTJVMUU/view?usp=sharing

Make no mistake: this was intentional. Having restricted itself to a funding bucket that was no longer adequate for our schools, our Legislature alternated between years when they pompously announced that we "need to live within our resources" and others where they patted themselves on the back for increases which were really illusions. But the consequences of these choices, and the pain, played out at the local rather than state level as school boards were forced to oversee the dismantling of their local schools.

To add fuel to the fire, our elected state officials passed laws to ensure greater conflict at the local level. Starting in 2011, the Legislature made topics which had traditionally been worked out between teachers and school boards into "prohibited subjects" that could not be subject to bargaining and instead are under the sole control of the school board. Sensitive matters to teachers, such as staffing and placement, evaluation, layoff and rehiring priority, and the minimum standards for firing, were handed to beleaguered school boards as a replacement for adequate funding. "You won't get any more funding, but you can use these as leverage to whip things into shape." Already backed into a corner, is it any wonder that school boards were willing to use those new powers?

Furthermore, faced with constant pressure for financial concessions, rising health insurance and retirement costs, and now a real threat to their working conditions, is it any wonder that many teachers and their unions chose to fight back?

But why set this in motion? Well, if you believe - as many influentials in Lansing currently do - that "government" can never to anything as well as the private sector, and that it should be as small as possible, you want "public" education to be placed into private hands. The easiest way to do this is to get families to vote with their feet, and abandon local public schools rather than try to save them. The money follows the children - all of it. After all, who wants to stay on a sinking ship?

It is not necessary to get into the details of what has happened in Ann Arbor to recognize the pattern (for more, see the Parent Letter here [http://a2schoolsmuse.blogspot.com/2015/07/parents-ask-aaps-board-teachers-union.html]). We are being forced to fight over a shrinking pie. As the pressure continues, and the fights accumulate, our local public schools will be undermined, public confidence in them eroded, and talented educators driven away. This is how our community-governed public schools will die.

When you are in the middle of the fight, it can be hard to step back and look at the big picture. But for our community, it is essential. These kinds of battles will lead nowhere good - and the people who set the stage for this struggle know that. It's time we took it to heart ourselves.

Our school leaders and educators need to set aside their legal weaponry, and quite literally beat their swords into plowshares. All the resources being used to further this standoff, the legal and organizational effort involved, would be better used to secure a settlement among stakeholders locally and to find allies across the state for political action. Those of us on the outside, parents and members of the community, have a job to do as well: we need to do what we can to plug the financial holes for now, and add our energies to the effort to force our lawmakers to do right by our children and our schools. It may seem trite to say "Fight Lansing," but if we do not, our future is clear - and it will play out just as they intended.


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Unveiled: The MERC Unfair Labor Practices Complaints--Plus a Reception for PERA

At the end of May I wrote about the unfair labor practice complaints that the Ann Arbor Education Association was filing against the Ann Arbor Public Schools, and the Ann Arbor Public Schools complaint that was being filed against the Ann Arbor Education Association. That post can be found here, and primarily addresses the process of unfair labor complaints.

And here are the complaints!

Ann Arbor Education Association (the union) complaint against the Board of Education of the Ann Arbor Public Schools

The complaint lays out a lot of detail. There are attachments that support the AAEA claim.

I'm lazy and it's in pdf form so I would have to retype stuff and...well, just go read it already!

The attorney is Jeffrey Donahue from the firm of White, Schneider, Young & Chiodini, P.C.


Ann Arbor Public Schools Board of Education complaint against the Ann Arbor Education Association

The complaint lays out detail and a timeline, but it does not have a lot of attachments, unlike the other complaint.

Read this one too, it won't take too much of your time.

The attorney is Barbara Ruga from the firm of Clark Hill, but the AAPS representative signing the complaint is David Comsa, who is the legal point person/human resources point person for the school district.


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

And as it happens, the Public Employment Relations Act (the Act which both sides are alleging the other violated) is having its 50th anniversary this year!  So guess what is on the web site of the state's department of Licensing And Regulatory Affairs (LARA)?  An invitation to an event celebrating the Public Employment Relations Act!

Public Employment Relations Act 50^th Anniversary Open House

Tuesday, July 21, 2015

1-4 PM Strolling Reception

MERC Detroit Office – Cadillac Place

3026 W. Grand Blvd, Ste. 2-750

Detroit, MI 48202

 

Light Snacks -- Photos and Memorabilia -- Public Welcome

RSVPs requested to LARA-MERC-PERA50@michigan.gov 

Hey, the public is welcome! So if you want to go, you should RSVP. 

Yes, folks, that is Republican Governor George Romney signing PERA on July 23, 1965.
How times have changed, eh? Photo taken from the LARA flyer. 

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Things I'm Reading about the State of Our State's Education

The Best Piece of the Week goes to Lindsey Smith at Michigan Radio.

Reporter’s Notebook: State needs to be more transparent about the schools it’s running is breathtaking, and at the same time damning.

Here is just a snippet:

The Emergency Loan Board is a public body. It should act like one 

Here's the thing about the Emergency Loan Board (ELB).

It has incredible power to keep schools and municipalities out of bankruptcy court. It can lend tens of millions of taxpayer dollars – repeatedly – to schools that are going broke. It even has subpoena power.
Yet there’s very little transparency.
Its three members all head state departments. Each handpicked by the governor.

 ELB members (L-R) Department of Technology, Management and Budget Director David Behen; Department of Licensing and Regulatory Affairs Director Mike Zimmer; and state Treasurer Nick Khouri. CREDIT STATE OF MICHIGAN

The board has no webpage. Its meetings in Lansing are open to the public, but there is no schedule. Meetings are sporadic.
Meeting minutes aren’t available online, a common practice for public bodies. So you can’t just go somewhere to see what the board has been up to lately.
Meeting notices are sent via email. But there are no agenda or documents attached. If Michigan’s Department of Treasury doesn’t want you to find out ahead of time what it's going to approve, you won’t know.
Any decision the board makes must be unanimous, according to state law. Is that why it functions mostly as a rubber-stamp board?
The decisions the board makes are “vetted” and reviewed by Treasury staff, according to Treasury Department spokesman Terry Stanton.

Read the rest here.

Runner Up: Eclectablog's piece on some state legislators' agenda for schools.

An excellent post at Eclectablog calling out the agenda of some Republicans in our state legislature, for example Rep. Tim Kelly of Saginaw Township, who believes in "publicly-funded education," just not "publicly delivered."

Third Place: A New York Times Article, 'Opt Out' Becomes Potent Political Force.

You might not have seen this article because it is a New York Region article (and I found it courtesy of Diane Ravitch).

Key information:

At least 165,000 children, or one of every six eligible students, sat out at least one of the two standardized tests this year, more than double and possibly triple the number who did so in 2014, according to an analysis by The New York Times.As the vanguard of an anti-testing fervor that has spread across the country, New York’s opt-out movement has become a political force. Just two months ago, lawmakers from both parties, at the behest of Gov. Andrew M. Cuomo, a Democrat, increased the role of test scores in teacher evaluations and tenure decisions. Those legislators are now tripping over one another to introduce bills that guarantee the right to refuse to take tests.

The maps are really interesting to look at, they show the opt-out movement's growth over time.

Honorable Mention: From the Washington Post, Will Schools Lose Federal Funds if Kids Don't Take Mandated Tests? 

Here's how the article starts:

I’ve recently published a number of posts on the growth and impact of the standardized testing opt-out movement. As more parents choose against allowing their children to sit down for new mandated tests, the pushback from administrators is increasing in many places, with some of them threatening consequences to students who refuse to take the assessments.
Here’s a look at what is true and not true about the consequences attached to opting out from standardized testings. It was written by Monty Neill, executive director of the National Center for Fair and Open Testing, known as  FairTest, a nonprofit organization that works to end the misuses of standardized testing and to ensure that evaluation of students, educators and schools is fair, open, valid and educationally sound.

And I'm re-reading: 

I've gone back to an excellent series of articles by the Detroit Free Press, on how charter schools are not held accountable.



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Ann Arbor’s Move to Punish Opting Out: Even For This Test-Taking Family, It’s Bad Policy

A guest post by Naomi Zikmund-Fisher

If you look at the sidebar on the right of this blog, it asks that we assume that everyone wants the best for schools. There are (and I’m generalizing here) two general ways you can think about what is best for schools:

Philosophy #1: It is best for schools when schools are well funded, everything is going smoothly and achievement is high.

Philosophy #2: It is best for schools when each individual child, as a whole person, is getting what he or she needs.

As you look at those two possibilities, you probably are thinking that you don’t disagree with either of them. But one may seem more the way you look at schools than the other. Parents tend more towards #2 – we want our kids to get what our kids need. School officials tend more towards #1 – we want our schools to get what they need to serve all kids.

In a perfect world, these two views would never conflict. However, this being the real, imperfect world, they sometimes do. Recent issues surrounding Michigan’s standardized test, the MSTEP, have brought those conflicts to the forefront.

On the one hand, the law says that schools have to test the vast majority of children in order to maintain their government funding, which they certainly need. Philosophy #1 dictates that kids take the test. On the other hand, many parents say that this test is bad for children – their individual children and/or children in general, and therefore do not want their children to participate. Philosophy #2 says kids should not take this test.

During this most recent round of testing, much larger numbers of families than in previous years “opted out” of testing as a protest against the test itself and/or testing policy and/or to protect their own children from the effects of prolonged testing. The school district understandably is concerned with the possibility that this trend could cost the schools money they really need.

At last week’s School Board meeting, the Board had a first briefing on a policy to address this issue. It states that:

Failure to participate in all state assessments may result in exclusion and/or removal from any application-based school or program.

In other words, you let your child take the MSTEP or they cannot attend Ann Arbor Open, Ann Arbor STEAM,  Community, the IB Schools, or the Skyline magnets. And where are the opt-out families disproportionately clustered? At the school whose philosophy emphasizes the whole child and de-emphasizes standardized testing: Ann Arbor Open.

I am going to assume, for the sake of argument, that this policy is legal. Someone with more expertise than I can discuss that aspect. But let’s just suppose for the moment that it is legally permissible. Legally permissible is not the same thing as right.

And this is wrong.

Instead of taking a stance that says, “We respect what you’re trying to do but we don’t think it’s the right thing,” the Board said , “Agree with us or we will punish you.” But by “you,” they mean only parents of children in certain programs. If your child goes to a neighborhood school, there is no consequence at all.

What’s more, instead of opening a conversation with parents who are proponents of opting out, or even discussing the policy openly in advance of the meeting, they voted on it late in the evening and without the proposed policy being attached to the Board agenda.

I don’t think any person on the Board or any member of central administration can look me, or you, or anyone else in the eye and honestly say that they believe these tests are good for children. They may not think they’re as bad as some of us do, but they are flawed.

The Board sees this as purely a financial issue, even though no funding has ever been lost for failing to test enough children. Parents who opt out see this as a question of what is right for children. Faced with that conflict, what do we do?  The Board’s answer not only is to go with philosophy #1, but to flatly punish people for going with philosophy #2.

So I’ll say it again. This is wrong. It is a bad policy moved forward using bad process. If you agree with me, I hope you’ll let the Board of Education know.

Author’s note: At this point, you may be asking yourself:  who is writing this and where does she  stand on the testing issue?

Who am I to say this is wrong?

From 2002-2010 I was the Principal of Ann Arbor Open School. There were a handful of test opter-outers every year, and one year it cost us our “Annual Yearly Progress” certification. I do, however, support the idea that schools should not be able to get out of the fact that they are educating some groups of kids much better than others by only testing those who will do well. The emphasis on testing all children does have a point.

My children took the MSTEP this year. They attend Ann Arbor Open and Community. We decided that, while we think that standardized testing is a poor measure of student growth and school and teacher quality, and that draconian policies that require more and more testing diminish the quality of education for all, opting them out would likely not achieve much, and sitting around not taking a test wouldn’t get back the time wasted.

At the same time, I have a lot of respect for those who made the opposite decision. Good people with good intentions have different ideas of what to do, and I can’t fault someone for doing what they believe is right for their child. It is long past time for the Board to honor the real convictions of those who opt their children out by having an open, honest dialog about how to handle this situation in Ann Arbor, and I believe the proposed policy is a drastic step in the wrong direction.

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There's a New Group in Arbor Town; Parents and Teachers are Riled Up!

There is SO much going on these days. And while I was busy with my life, the school world spun madly on...In the last few weeks, the school board has pushed through two very controversial policies at an hour when most of us were sleeping, and without sufficient notice.

I'm talking about the Prohibited Subjects Policy, which I wrote about here, and Draft Policy 5060, which has gone through first briefing. The Prohibited Subjects Policy was first posted in board docs on the day it was voted on, and Draft Policy 5060--which tries to punish families in "application-based programs" who opt their children out of testing--wasn't even posted in board docs until an astute parent asked what that policy on the agenda was.

June 3, 2015 Update: Point of clarification--board policies do not jump unformed to first briefing. This policy, for instance, was discussed at the May 20 Governance Committee, which was a public meeting held at Skyline at 3:30 p.m. FYI, the Governance Committee is where all potential board policies are discussed. [I don't know that the public was there, but the public IS welcome.]

So, long story short, a new policy is not introduced for the first time at a regular BOE meeting; it goes to Governance first. The public is welcome at these meetings. 

And we, parents and teachers and citizens, have been asleep. I know. I--like so many of you--get up early to go to work; and the school board meetings start with almost two hours of presentations, awards, and public commentary. When people do show up at the meetings, they tend to leave after public commentary. Very few people stay around to the bitter end.

How quiet is it? At the last board meeting, Ann Arbor News reporter Lindsay Knake had this tweet:

The next morning, when I woke up, I laughed at this tweet.

This tweet would, of course, be funny--if it weren't so tragic. That means that aside from the school board members and staff required to be there, Lindsay Knake--who has been the education reporter for the Ann Arbor News for less than a year--was probably the only other (awake) observer in the room.

And that, itself, is a failure!

That is not the only failure.

I reject the fact that the board is not following its own, established, policies and procedures. (I'm not entirely sure if the policies were violated in actuality, because I wasn't at the meetings to see what time they discussed certain items, but I'm quite sure they were violated in spirit. Policies 1200 and Policy 1220 were put in place to ensure that items were discussed while people were still awake, and with proper timelines for giving notice to topics.) I wrote about these issues earlier in an Ann Arbor Chronicle article, Good Ideas, Flawed Process. So if I was calling out the board and superintendent on ideas that I thought were good, but the process was bad, you can be sure that I am upset about ideas that I think are bad, where the process is bad.

And I do think that both the Prohibited Subjects Policy and the Draft Policy 5060 are bad. (Look for a post tomorrow on Draft Policy 5060.)

I reject the idea that either policy had to be created or implemented now.

I reject the idea that either policy had to be brought forward without public discussion, sneaked onto the agenda.

I believe that by acting in this way, the school board and superintendent have unnecessarily inflamed passions with both teachers and parents.

It's puzzling to me--and so, so disappointing--that the board and superintendent have turned to poor process on these issues, when they had such a good model of process, and policy development, for the discussions around weapon-free schools. Why not build on that successful process instead?


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

SO--What Next?

Well, there's a new group in town:

Ann Arbor Community for Trust and Transparency in Schools 

(AACTTS! We hope to have lots of AACTTSion).

Ann Arbor Community for Trust and Transparency in Schools is a new community group focused on how we as citizens and constituents can have a voice in shaping local and state educational policies and decision-making processes. We are coming together to understand and address issues that challenge the values that our community holds as partners in educating our kids.

I don't mind saying that the decisions on these two policies have done a lot to galvanize people. I personally feel that trust in the district is at an all-time low. But it doesn't have to be that way.

If you look at the top of this page, you will see that I have added a "page" to the blog for the AACTTS information. You can click on that tab, or you can follow this link.

Right now we are encouraging people to write to/talk to board members, and there are some sample letters on the page. One-on-one contact is good! Let board members know how you feel--about the policies, about the labor negotiations, about the process the board is using...

You can also sign a petition that is focused on Draft Policy 5060.

Sign the petition here.



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