Preamble

The purpose of the Ohio School Boards Association (OSBA) Legislative Platform is to publicly state OSBA’s positions on a variety of issues facing public education. The platform will convey to legislators, policymakers, the public and the media where the association stands. The platform also will guide OSBA’s advocacy efforts.

Each item in the platform has been approved by at least 75% of the voting delegates in the OSBA Delegate Assembly, where every member board of education has a vote.

The level of specificity in the language is by design. The platform is sufficiently precise to state OSBA’s position, but it is not so specific that it will tie the association’s hands and prevent it from achieving the best result consistent with the platform’s statements. Latitude must be given to the staff to interpret and apply the statements in the platform. However, the staff shall be accountable to the membership and shall keep the membership informed about progress in implementing the platform.

Recognizing that support of public education is an investment in Ohio’s future, OSBA works in cooperation with parents, students, staff, community groups, members of educational organizations, state and local policymakers, and others to make the support of public education a state priority. The association will promote and support reform that will provide for a system of public schools that are accountable to the communities they serve and prepare students to be productive citizens in a competitive and global society.

Students and learning

The education of Ohio’s public school students is OSBA’s top priority. Every child can learn, and every child will learn if the conditions are right. The key component to establishing the right educational environment is the relationship among students, parents, the school district and the community. Each needs to be accountable for sharing in the process.

OSBA believes that all students should have equal access to a high-quality education that prepares them for higher education or career entry. Every student should be provided with challenging instructional programs presented by competent and caring teachers in a safe and supportive setting.

Adult education

Ohio’s adult residents and employees have ongoing needs for education and training. Ohio’s public school districts should help meet the adult education needs of the communities they serve. Public school district facilities and programs should be made available for these purposes as resources permit.

OSBA supports legislation that

• Develops adult education programs in Ohio’s public schools.

Alternative schools

Disruptive students often require targeted assistance to help them learn and grow. Alternative schools and educational programs offer supportive learning environments for disruptive students. Further, the school climate for students in regular school settings is improved when disruptive students are served in alternative settings.

OSBA supports legislation that

• Creates alternative schools for disruptive students and provides state funding for those schools.

• Creates at least one alternative school for disruptive students in each nonurban county and at least two in each urban county.

Assessments

Ongoing assessment of student learning provides an essential means for instruction and accountability. To be fair, effective and meaningful, student performance must be measured with appropriate tools and techniques that are clearly aligned with curriculum, instruction and standards. Assessment systems should employ multiple and varied measures of knowledge, skill and abilities.

OSBA supports legislation that

• Aligns state assessment laws with the federal No Child Left Behind Act (NCLB).

• Uses assessments as a diagnostic tool to improve instruction and learning, as well as for evaluating school and district effectiveness.

• Fully funds any and all requirements associated with implementing state and federal assessment laws.

• Provides school districts with flexibility and proper resources to meet their students’ needs.

OSBA opposes legislation that

• Subjects school districts to a one-size-fits-all approach that fails to recognize the unique needs of individual students.

Curriculum

Public education is the responsibility of the state and public boards of education. Governance should be vested in the public board of education that is accountable to the local community. The primary responsibility for approving courses of study, instructional programs and selection of instructional materials should remain with the public board of education, with input from the local community.

OSBA supports legislation that

• Localizes decisions regarding the adoption of curriculum, textbooks and instructional materials with the public board of education, with advice and input from staff, parents, students and community members.

Discipline

Student conduct standards are integral to maintaining an optimal learning environment. All students have the right to learn in a school environment that is safe and free of distraction.

OSBA supports legislation that

• Furthers the ability of educators to maintain control of their classrooms, buildings, facilities and other school property, and offers appropriate discipline measures as determined by a locally developed, board-approved policy.

School year/school day

Flexible instructional schedules are important because time on task is critical to effective and efficient learning.

OSBA supports legislation that

• Provides more flexible school schedules to adequately meet the needs of all students.

• Provides additional state aid for lengthening the school day and/or school year.

State report card

Reports of school district quality should provide accurate reflections of district, staff and student achievement. Such reports should be communicated to the public in a clear and concise manner.

OSBA supports legislation that

• Supports making the overall rating on the state report card a meaningful indicator of the quality of a school district.

Technology

Every public school district should have access to modern technology, regardless of the wealth or geographical location of the district, because students who have limited access to educational technology will be at an educational and economic disadvantage with those with more access.

OSBA supports legislation that

• Provides the funds necessary and equalized based on district wealth, to provide for the hardware, software, staff instructional in-service and infrastructure necessary to provide access to modern technology.

School governance

The association believes that the cornerstone of public education in Ohio is locally elected boards of education that exercise local control in establishing policy and governance of their public schools while remaining accountable to the citizens who elected them. Local control includes control over financial matters, curricula and educational programs, personnel, school calendars and educational priorities based on the unique needs of local communities.

Board member training

Effective school board members are aware of and knowledgeable about key issues affecting the operation of public districts and schools. Awareness of key legislative and judicial decisions, educational reform initiatives and research-based instructional strategies to enhance student achievement is key. Ongoing professional development prepares board members to provide leadership and make critical educational decisions that support student achievement.

OSBA supports legislation that

• Strongly encourages professional development for all elected school board members.

OSBA opposes legislation that

• Mandates board member training.

Charter/community schools

OSBA supports parental choice within the public school system at the discretion of public boards of education and within the parameters established by each board. Public boards of education may elect to sponsor charter/community schools as a means of providing additional parental choice. Charter/community schools sponsored by other entities should be held accountable to the same standards as traditional public schools. All charter/community schools should be required to annually report information concerning finances and student achievement in a clear and concise manner. No local funds should be diverted from the public school district to support charter/community schools sponsored by any entity other than a public board of education.

OSBA supports legislation that

• Reforms the concept of charter/community schools, which are an alternative in providing educational services to students.

• Provides state base funding for each charter/community school for all Ohio school districts.

• Provides full state funding for special education, vocational education, disadvantaged pupil impact aid and transportation services to charter/community schools.

• Develops a funding process in which charter/community schools are held to the same reporting standards and data integrity requirement as public school districts in Ohio.

• Eliminates the process of flow-through funding to charter/community schools.

• Requires charter/community school students to meet the State Board of Education’s minimum standards to receive a high school diploma.

• Requires greater fiscal and administrative oversight of charter/community schools.

• Provides full state funding to purchase additional buses required to provide transportation for charter/community school students.

• Requires charter/community schools to coordinate transportation schedules with the district providing the transportation services.

OSBA opposes legislation that

• Authorizes the sponsorship of charter/community schools by an entity other than the public board of education.

• Creates a charter/community school that adversely impacts a public school district.

Consolidation

Sound fiscal policy requires school districts to maximize the use of available resources. It is important to carefully examine every feasible way to conserve financial resources. Consolidation, merger and/or sharing services, programs and staff may have promise to save dollars. The decision to undertake such efforts should be made by mutual agreement of the involved school districts and their boards of education, taking local factors and circumstances into account.

OSBA supports legislation that

• Supports and encourages districts to follow best practices regarding efficiencies and cost savings that may result from shared services and programs.

OSBA opposes legislation that

• Requires mandatory consolidation of school districts.

Deregulation

Freedom from excessive and constraining governmental regulation encourages innovative reform efforts to improve student achievement. Public school districts with acceptable levels of performance should be granted exemptions similar to those granted to nonpublic and charter/community schools.

OSBA supports legislation that

• Expands deregulation to give public boards of education the authority to exempt themselves from state statutes and administrative codes that do not apply to chartered nonpublic schools or to community/chartered schools.

• Gives educational service center governing boards the discretion to transfer regulatory functions to public boards of education.

Educational services

Regional educational service organizations may provide public boards of education the opportunity to purchase and offer services in a more efficient and less costly manner. The decision to participate in such a regional system should be the responsibility of the public board of education.

OSBA supports legislation that

• Ensures that school districts have access to quality regional educational services through the state’s educational delivery system.

• Requires those responsible for delivering these regional educational services to be held accountable to locally elected school board members.

Locally elected boards of education

Control of the public school system by locally elected board members produces an educational system representative of each local community.

OSBA supports legislation that

• Maintains local school boards, which exemplify representative government.

OSBA opposes legislation that

• Diminishes local control.

Open enrollment

Decisions regarding student enrollment should rest with the locally elected board of education of the district providing the educational service. Open enrollment may have local benefits, but the ultimate decision must be based on local factors.

OSBA opposes legislation that

• Imposes mandatory open enrollment policies.

• Mandates expansion of open enrollment to nonadjacent districts.

Sale/lease of real property

School facilities represent a major investment of community resources for public education. School facilities and real property typically represent the most visible evidence of that investment. School board members are stewards of these community resources. Good stewardship requires that facilities be properly maintained and that any proposed disposition of property be of direct benefit to the district and its community. The locally elected board of education should retain the final decision in these matters.

OSBA supports legislation that

• Provides school districts with the flexibility to sell or lease real property in a manner that offers the most benefit to the school district as determined by the locally elected board of education.

Service funds

Financial resources are necessary to support the professional development of school board members to attend appropriate workshops, seminars, conferences and local board development activities to enable board members to be effective public officials and policymakers.

OSBA supports legislation that

• Supports the authority of public school districts to create a service fund in which it sets aside a sum each year from its general fund.

State Board of Education

The State Board of Education has a constitutional and statutory obligation to set forth the needs of public education in its budget and policy recommendations to the governor and members of the General Assembly. OSBA supports an all-elected State Board of Education.

OSBA supports legislation that

• Provides for the regulation of education standards by an elected State Board of Education.

• Provides for an elected State Board of Education.

OSBA opposes legislation that

• Attempts to remove regulatory control of educational standards from the state board as it fulfills its statutory responsibilities, including the creation of a professional practice board.

Vouchers

Although OSBA supports parental choice within the public school system, granting state-funded vouchers to students to attend nonpublic schools reduces the level of funding available to support and improve the public school system.

OSBA opposes legislation that

• Uses public funds to expand voucher programs in nonpublic schools.

• Expands vouchers, scholarships, tuition tax credits and similar programs at the state and federal levels.

Finance

Stable and adequate funding is essential to a sound educational system. OSBA supports the creation and establishment of an adequate and equitable funding system for Ohio public schools. The association believes that this is a constitutional responsibility of the General Assembly, with oversight from the courts. The association pledges to work with the governor and members of the General Assembly to create such a funding system.

All-day/every-day kindergarten funding

All-day/every-day kindergarten programs, accompanied by clear academic standards, have been proven to raise the achievement levels of all students and reduce the achievement and readiness gaps evident in students first entering school.

OSBA supports legislation that

• Provides full state funding for all-day kindergarten.

• Provides school facilities funding for districts that do not have the facility space to accommodate a program.

Assessment rates

The funding of public education is a shared responsibility between the state of Ohio and local communities. Tax policy at the state level has a direct influence on local revenue. Consequently, it is essential to maintain an appropriate balance between state and local revenues. State actions that reduce local revenue resources must be accompanied by appropriate increases in state educational funding.

OSBA supports legislation that

• Replaces lost revenues with state funds in the event of legislation that results in local revenue losses, such as a reduction of the tax base, exemptions from taxation or other tax structure changes.

Average daily membership (ADM)

School districts must have the ability to accurately project revenues on an annual basis. A school-funding formula based on frequent measures of enrollment and attendance negatively impact a district’s ability to make accurate forecasts of revenues for planning purposes.

OSBA supports legislation that

• Supports enrollment calculations that allow school districts to prepare and provide programs and services in a way that does not harm the educational experiences of students.

OSBA opposes legislation that

• Changes average daily membership to average daily attendance.

Ballot issues

The Ohio Constitution requires the Ohio General Assembly to provide for a thorough and efficient system of public education. The state’s commitment to public education was strengthened by the 1851 Ohio Constitution by stating that “it shall be the duty of the general assembly to … encourage schools and the means of instruction and to make such provision, as will secure a thorough and efficient system of common schools throughout the State.” An investment in education is an investment in the future of Ohio’s citizens and must be the top priority of all.

OSBA supports legislation that

• Makes the support of public education the state’s number one priority.

OSBA opposes legislation that

• Attempts to shift the balance of power between the courts and the Ohio General Assembly.

Base-formula amount

The provision and funding of a thorough and efficient system of common schools is the responsibility of the state of Ohio. In practice, the funding of public education is a shared responsibility of the state and the local community. The capacity of local communities to generate revenue varies widely across the state. Without the state providing sufficient funds for all, some children will be denied the right to an adequate education. Local communities must retain the ability to exercise discretion in offering educational programs that exceed the defined level of an adequate education.

OSBA supports legislation that

• Establishes a process for determining the components and costs of a high-quality education.

• Provides that the state shall pay 100% of the cost for an adequate education for every child and 100% of the cost of categoricals that enable every school district to provide such an education to every student.

OSBA opposes legislation that

• Prohibits communities from voting to tax themselves to provide educational programs beyond the defined high-quality components.

Categorical parity

Children with special educational needs place extraordinary demands on public school district revenues. Due to the wide disparities in the capacity to generate local revenues that exist across school districts, it is essential that additional state revenues be made available to ensure that children with special needs are served appropriately.

OSBA supports legislation that

• Establishes that the state, in addition to determining the cost of a high-quality educational program, also must determine the additional costs necessary to provide educational services to students with special needs, such as students who are economically disadvantaged, students with disabilities and students who require vocational or gifted educational services.

• Indexes the cost of providing educational services to students with special needs against the cost of providing a high-quality educational program for regular students, so that each component increases proportionately and in parity.

• Provides full state funding for services to students with disabilities.

OSBA opposes legislation that

• Equalizes the funding weights in addition to the cost of a basic education to provide educational services to special education, vocational education and gifted students.

Charter/community school funding

Full transparency of the costs of both public schools and charter/community schools dictates that the flow of tax dollars be accurately reflected. The current practice of deducting funding for charter/community school children from the state funds provided to traditional public school districts is unnecessary and confusing. State funding for charter/community schools should flow directly to the charter/community school sponsor. All local dollars generated through local levies should remain with the local taxing authority.

OSBA supports legislation that

• Prohibits the use of local tax dollars to fund charter/community schools, except those sponsored by a locally elected board of education.

• Requires that school districts be paid an administrative fee for tracking charter/community school enrollment.

OSBA opposes legislation that

• Includes children attending charter/community schools on a public school district’s ADM count.

• Deducts funding for children attending charter/community schools from the resident district.

Court-ordered judgment counted as debt

A true and accurate representation of school district valuation reflects all debt obligations.

OSBA supports legislation that

• Requires that contractual agreements with the state and/or bonds issued to satisfy a court-ordered judgment will count as real debt for a district’s net indebtedness for participation in state-assisted programs.

Developmental disabilities services

Local tax revenues are generated to support programs for the clients of county developmental disabilities agencies. When a public board of education is providing the educational programming and services, the public school district should be fairly compensated by the respective county developmental disabilities agency.

OSBA supports legislation that

• Develops a process for fair financial compensation to those school districts that provide the educational services to students that are within the jurisdiction of the county developmental disabilities agency, but whose developmental disabilities board declines to provide financial compensation to the actual provider.

Diversion of voter-approved tax revenue

Voters must be assured that revenues raised through taxes will go directly for the purposes stated. Voter-approved tax funds generated for education purposes should be administered by public officials and should be spent only for public education purposes.

OSBA supports legislation that

• Prohibits the diversion of voter-approved tax money without the approval of voters.

OSBA opposes legislation that

• Diverts voter-approved tax funds to another purpose without voter approval.

Earmarking/tax increases

An adequate level of support for every Ohio public school student requires additional state revenues. Any additional revenues generated to support public education should be earmarked to ensure that it is spent for the designated public education purpose.

OSBA supports legislation that

• Provides the necessary revenues to support an adequate and equitable system of funding public schools in Ohio and to permit them to offer a high-quality educational program to every student.

• Earmarks a percentage of state revenues for the elementary and secondary public schools of Ohio.

• Provides an increase in state revenues either through the enactment of an increase in the state sales tax and/or the state personal income tax.

• Increases earmarks for education and requires them to be deposited along with the earmarked state revenue funds into a “State Public Primary and Secondary Education Trust Fund.”

Educational service centers funding

Educational service centers are a vital link and partner in the educational process, providing curriculum development, staff development, technology assistance and special education services, as well as other services for the public school districts they serve.

OSBA supports legislation that

• Provides an adequate funding mechanism for educational service centers that provides for inflationary growth.

• Requires state funding for facilities to be part of the educational service centers’ funding formula.

Election opportunities

Public education depends upon support from local communities through voter-approved tax levies and bond issues. Because the cycle of elections and revenue collection requires sufficient opportunity to place issues before the public for approval, the current practice of a primary election and a general election, combined with the opportunity for two special elections, is necessary.

OSBA opposes legislation that

• Reduces the number and frequency of election opportunities available to school districts for ballot issues.

Facilities

OSBA supports a state facilities funding program that provides access to state support when public school districts determine that a facility program is required. The facility program should address the demands upon districts and issues related to classroom facilities caused by state operating requirements and expenditure and reporting standards. A facility program should be subject to state standards for school construction, rather than on a state-prescribed schedule.

OSBA supports legislation that

• Provides for safe facilities that meet building codes, are conducive to providing educational services and support the inclusion of technology in the classroom.

• Uses median income of the district’s residents as a measure of fiscal capacity, in addition to recognized valuation.

• Immediately reflects in the facilities funding formula changes in valuation resulting from legislative or judicial action.

• Requires school buildings determined to be unsafe by local fire and health departments to be upgraded immediately.

• Authorizes public boards of education that have such buildings in their district to impose an emergency capital improvements levy to upgrade and correct the unsafe conditions in the facility.

• Requires the state to provide its full faith and credit as backing for all local facility bonds.

• Repeals the 1/2-mill maintenance requirements.

OSBA opposes legislation that

• Requires districts to incur a debt limit that will harm a district’s financial position.

Fees

Funds provided for educational purposes should be directed only for educational purposes. Accordingly, user fees should not be charged to local educational agencies.

OSBA opposes legislation that

• Attempts to pass on to school districts any fees by government entities to pay for services that are the normal responsibility of that entity.

Gambling

The Ohio Lottery Commission’s advertisements and promotions frequently pair the lottery with educational funding, which has generated misunderstanding among the general public. Such advertisements give the general public the false impression that gambling and the lottery are a major source of educational funds. While the lottery, by law, does direct lottery profits to education, such revenues are not sufficient for educational funding and, over the years, have been a supplant for other state funding.

OSBA supports legislation that

• Prohibits advertising or campaigning by the Ohio Lottery Commission or agents of the state of Ohio that implies directly or indirectly that the funding of public education is contingent upon gambling.

Impact fees

Impact fees are a source of capital expenses and have been widely used to meet school district and community needs. Impact fees are particularly useful to those districts experiencing rapid growth in residential development where the local tax base has not grown sufficiently to offset the costs associated with student enrollment growth.

OSBA supports legislation that

• Provides for public boards of education to propose to the voters an impact fee assessed on new housing to provide the additional revenues needed for capital expenses incurred in rapidly developing school districts.

Inflationary growth

School districts must realize real funding growth adequate to address revenue needs without requiring voter approval of new tax levies.

OSBA supports legislation that

• Provides for inflationary growth to ensure an adequate and equitable funding system for Ohio’s public schools.

Local taxing options

The economic capacity of school communities varies widely across the state. Public boards of education benefit from the availability of flexible options that enable ballot issues designed to meet the unique economic conditions of the district.

OSBA supports legislation that

• Supports local taxing options that allow flexibility at the county, district or regional levels for school districts.

• Eliminates the time limit for the opportunity to seek voter approval for a conversion levy.

Medicaid

The state of Ohio should participate in federally sponsored programs designed to provide financial resources to support federally mandated programs.

OSBA supports legislation that

• Supports a state program that substantially reimburses school districts for medical and related services as required by the Individuals with Disabilities Education Act provided to Medicaid-eligible students.

Phantom revenue/chargeoff

The calculation of the local share of the cost of a high-quality education should be based on a true representation of the true district valuation and effective millage rate. Such calculations should not assume a higher millage rate than the amount actually in effect.

OSBA supports legislation that

• Aligns the local share (chargeoff) of the cost of a high-quality education program with the tax reduction floor.

• Bases the local share on actual local revenues available at the chargeoff rate.

• Eliminates all forms of phantom revenue.

Pooling

Public boards of education must rely upon voter support to raise local tax revenues. Local property taxes raised to support public education should only be used for public education purposes.

OSBA opposes legislation that

• Pools local property tax revenues and/or diverts locally approved revenues to other entities.

Prekindergarten funding

Prekindergarten programs benefit children, families and communities. Multiple studies have shown that high-quality prekindergarten programs lead to increased graduation rates, reduced grade repetition and fewer children ultimately placed in special education.

OSBA supports legislation that

• Provides full state funding for traditional public school districts that choose to provide prekindergarten programs.

Property tax relief

Ohio’s overreliance on local property taxes to fund public education has and will continue to cause local burdens and hardships in fully funding education.

OSBA supports legislation that

• Increases property tax relief on Class I residential/homestead property.

• Eliminates the overreliance on local property taxes.

OSBA opposes legislation that

• Funds the increase in property tax relief from the existing funding for elementary and secondary education.

Public/nonpublic school funding

The Ohio General Assembly is charged with providing a thorough and efficient system of common schools. Public school districts should receive no fewer funds than any nonpublic school.

OSBA supports legislation that

• Grants Ohio’s public schools at least the same per-pupil amount as the chartered nonpublic schools in Ohio receive.

Robin Hood

OSBA believes school funding should be equitable among Ohio’s diverse public school districts.

OSBA supports legislation that

• Provides the funding changes necessary for adequacy and equity, without lowering the funding of other districts.

• Supports a high-quality educational program for all public school students, regardless of their geographical location in the state.

School bus purchase and transportation reimbursement

Because safe and reliable pupil transportation depends on the availability of mechanically sound vehicles, public boards of education rely upon scheduled state reimbursement payments to maintain their transportation fleets.

OSBA supports legislation that

• Provides for the revision of state standards for school bus purchase reimbursement to consider the age and condition of the bus to be replaced, as well as the mileage.

• Reinstates state funding for bus purchase reimbursements and operating expenses.

• Makes a state appropriation to replace all buses that are more than 10 years old and do not have the latest safety features.

School district income tax

An increasing number of school districts rely on school district income taxes for a portion of their funding. Tax credits for senior citizens on fixed incomes increase the likelihood that these voters will support income tax levy campaigns.

OSBA supports legislation that

• Provides for increasing the senior citizen school district income tax credit.

• Establishes and enforces strict rules for reporting school district state income tax identification numbers.

School district levy reduction/repeal

School district levy requests are based on five-year or longer projections of costs and revenues. The ability to repeal levies within the first five years would only increase the need for more frequent levy requests.

OSBA opposes legislation that

• Reduces or repeals a continuing levy by citizen petition and vote within the first five years of such a levy.

School district liability

Excessive court judgments against school districts can seriously impair the district’s ability to provide an adequate education to its students.

OSBA supports legislation that

• Imposes reasonable limitations on the damages assessed against a school district.

• Allows school districts to recover legal costs for any appeal of a court judgment where no monetary damages were issued by the court.

School funding factors

OSBA believes school-funding distribution formulas should be equitable among Ohio’s diverse public school districts.

OSBA supports legislation that

• Makes adjustments in school funding based on operational costs, needs of students and geographical challenges that may exist among school districts.

Self-insured workers’ compensation program

School districts that are self-insured for purposes of workers’ compensation realize benefits such as self-administration and claim-related cost savings.

OSBA supports legislation that

• Allows all public school districts in Ohio to self-insure for the purposes of workers’ compensation programs.

State fuel tax exemption

All local governments, including school districts, should be exempt from all state taxes in order to avoid the imposition of a double tax on local taxpayers.

OSBA supports legislation that

• Exempts fuel purchased by boards of education from the state fuel tax.

Student enrollment accountability

Any transfer of state tax dollars to nonpublic, private and/or charter/community schools should be based on accurate enrollment information. The public school district of residence should be immediately notified when a student enrolls or withdraws from a nonpublic school.

OSBA opposes legislation that

• Transfers funds from a public school to a nonpublic, private and/or charter/community school without complying with the legal requirement to notify the home district of enrollment or withdrawal.

Tangible personal property tax base

The local tax base relies upon the fair and accurate assessment of property values. Challenges to an assessed value should be reported to all affected taxing authorities at the time the challenge is filed. Any affected taxing authority should have standing to appeal decisions on valuations.

OSBA supports legislation that

• Requires notification to school districts when a challenge to the tangible personal property tax base is filed by a corporation.

• Provides that districts have legal standing in such cases.

• Assesses no interest payment in cases where repayment is necessary due to an error on the part of the taxpayer.

• Provides state reimbursement that fully matches the loss of the local tangible personal property tax base.

Tax abatements

Tax abatements siphon critical funding away from public school districts, leaving local taxpayers to make up the difference.

OSBA supports legislation that

• Requires that public boards of education be involved in all discussions and decisions regarding tax abatements.

• Grants public boards of education the authority to enter into negotiations to receive compensation for lost revenues with entities granting abatements and with businesses receiving abatements.

• Grants public boards of education veto power if, in the board’s judgment, the abatements adversely impact the district.

• Requires boards to receive state-mandated compensation based on all payroll generated from the abatement (whether tenant or owner).

• Requires boards to receive all reports, studies and information available regarding the abatement.

• Allows boards to have standing to institute legal action if the recipient of an abatement has not complied with the terms of a tax abatement.

Tax policy

Ohio’s tax system must be stable, competitive and reflective of the current economy.

OSBA supports legislation that

• Requires all sectors of the economy to pay a fair share of the cost of public school education and state government.

Taxing/spending limitations

Public boards of education should have the opportunity and flexibility to work with their local communities on taxation and spending issues without restrictions from the state.

OSBA supports legislation that

• Preserves and supports the right of public boards of education to challenge or appeal property tax valuations.

OSBA opposes legislation that

• Restricts local taxation and spending by school districts.

Unfunded mandates

Unfunded mandates create burdens locally and sometimes disproportionately across school districts in Ohio. Federal and state officials should be conscious of mandate burdens being shouldered by public school districts.

OSBA supports legislation that

• Prohibits the U.S. Congress, the Ohio General Assembly and/or federal and state administrative agencies from enacting and/or promulgating statutes and rules that result in unfunded and underfunded mandates.

• Requires that fiscal impact statements accompany all school-related proposed statutes and rules.

Personnel

OSBA believes that the effective recruitment and retention of high-quality staff is a critical component for the success of any school district. Properly trained and highly motivated personnel can provide maximum learning opportunities for students. Ongoing evaluation of staff performance is essential.

Ohio enacted one of the nation’s most comprehensive collective bargaining statutes in April 1984. The enactment of the collective bargaining bill and a series of court cases, particularly in the area of teacher evaluation and nonrenewal, have made it extremely difficult for public boards of education to effectively manage schools. The association believes that changes and modifications to Ohio Revised Code Chapter 4117, as well as to Sections 3319.11, 3319.111 and 3319.16, are urgently needed.

Collective bargaining

OSBA asserts that there are some board affairs that are not appropriate matters for formal negotiations, but rather are for the sole and exclusive determination of the board, such as, but not limited to, the length of the school day and school year, class size, curriculum, course of study, and textbook and instructional materials selection.

OSBA supports legislation that

• Restores management rights to the collective bargaining statutes.

• Recognizes the right of employees to organize for professional, organization goals, without interference, coercion or reprisal from the board or its representatives, and guarantees employees the right to refrain from joining any organization.

• Permits parties to negotiate mutually satisfactory dispute resolution processes.

• Provides penalties and sanctions imposed upon striking public employees that are an effective deterrent to such strikes.

• Limits picketing at the residence and/or places of business of public officials.

• Requires a 10-day written notice prior to the commencement of picketing, striking or other concerted refusal to work.

• Allows public boards of education to suspend individual employment contracts for all types of employees for economic considerations.

• Limits the ability of a local collective bargaining contract from impeding a district’s ability to suspend individual employment contracts.

• Supports innovative approaches to employee compensation initiated on the local level.

OSBA opposes legislation that

• Places restrictions on the exercise of free choice of either party in designating its representatives to the bargaining team.

• Negates the right to refrain from joining an organization by a scheme of fees or assessments or other coercion by an organization upon nonmembers.

• Permits any person or agency to intervene in negotiations or a job action without the agreement of all parties.

• Permits strikes by public employees.

• Establishes binding arbitration as a method of resolving collective bargaining disputes.

Confidentiality of personnel applications

Maintaining confidentiality permits districts to attract the best candidates possible for employment or promotions.

OSBA supports legislation that

• Provides through the Ohio Public Records Act that applications for employment, including applications for promotion, are confidential and not subject to disclosure until the number of applicants is reduced to three or fewer.

Evaluations

Evaluations serve as both an evaluative process and a communication tool between the employer and employee. Evaluations communicate desired outcomes to employees and help employees see how their work and expected contributions benefit their schools.

OSBA supports legislation that

• Provides for evaluations of all school employees.

• Permits the removal of employees who do not correct identified deficiencies and improve their performance.

• Allows public boards of education to adopt a periodic evaluation system of all school employees, including administrators.

• Creates a probationary period for those employees who have deficiencies noted in the evaluation process so that they may correct deficiencies. Failure to correct deficiencies should be cause for termination.

• Authorizes the components of evaluations to be developed locally, which shall include job descriptions and performance standards.

OSBA opposes legislation that

• Requires evaluations of school personnel in a manner that would hinder a board’s ability to nonrenew an employee.

Health care

Health care pooling may offer significant savings for districts.

OSBA supports legislation that

• Supports the concept of expanding health care pooling, provided school districts maintain local decision-making authority, their employees maintain quality benefit levels and significant cost savings or other efficiencies may be created by the pooling.

Professional development

Students must be prepared to compete in the global marketplace. To that end, teachers must be prepared to provide modern methods and instructional strategies that meet the academic needs of students. Teacher training institutions should offer specific preparation in the areas of math, science, foreign languages and technology.

OSBA supports legislation that

• Requires institutions of higher education for teachers to include in their curriculum courses in technology and classroom and behavior management.

Retirement systems

Ohio school employee retirement systems offer excellent benefits to their members and help attract and retain employees. OSBA supports the school employee retirement systems and has not opposed benefit enhancements in the past. However, when determining pension benefits and eligibility, the State Teachers Retirement System (STRS) and State Employees Retirement System (SERS) should consider current demographic realities such as life expectancy and the number of years employees remain in the workforce.

OSBA supports legislation that

• Includes representation of public boards of education on the STRS and SERS boards.

OSBA opposes legislation that

• Provides future benefit enhancements advocated by STRS and SERS unless the enhancement is accompanied with a reduction in the 14% employer’s share and repeal of the SERS surcharge.

• Increases the employer’s share to cover increases in costs.