Ohio Education Association Statement Regarding Harris V. Quinn U.S Supreme Court Decision
COLUMBUS – June 30, 2014 – Today, the U.S. Supreme Court issued a narrow decision on Harris v. Quinn when it eliminated fair share fee arrangements for Illinois home healthcare workers.
The following statement can be attributed to OEA President, Becky Higgins:
“The suggestion by commentators that public employee unions dodged a harsher ruling should not cause us to lose sight of who brought this case and what their agenda remains. The so-called “Right to Work” alliance is still intent on diminishing, if not eliminating, the rights of working people. And they have their sights set on Ohio.
“So-called “Right-to-Work” is confusing, complicated and controversial. “Right-to-Work” isn’t what it seems. It’s wrong for educators, working people and for the middle class. It is just another attempt by CEO’s and corporate interests to limit your freedom at work and end unions so they can tip the balance more in their favor at the expense of working people and the middle class. So-called “Right-to-Work” would silence the voice of educators, who are the best advocates for stronger public schools, better services for Ohio’s students and adequate resources in the classroom.”
From the National Education Association’s Office of General Counsel:
This morning the Supreme Court issued its decision in Harris v. Quinn, which raised the question of whether an Illinois statute that permitted home health care workers to organize and pay a fee for their representation to the union selected to represent them, violated the First Amendment. In a decision issued by Justice Alito and joined by the four other conservative Justices on the Supreme Court, the Court held that the statute did violate the First Amendment. In so doing, the majority extensively criticized the doctrinal foundation of Abood, the 1977 decision allowing the collection of agency fees in the public sector, and concluded as follows: “Because of Abood’s questionable foundations, and because the personal assistants are quite different from full-fledged public employees, we refuse to extend Abood to the new situation now before us.”
Today’s decision is a significant blow to SEIU and places in jeopardy efforts to create effective new statutory frameworks for organizing home health care workers and child care workers. It will also fuel significant litigation attacking Abood agency fee arrangements. But as of today, those arrangements – which include all of the agency fee arrangements used by NEA and its affiliates – survive. NEA OGC will have a full analysis of today’s decision a little later today.
Join the conversation @OhioEA and Like Us at OhioEducationAssociation
###
The Ohio Education Association (ohea.org) represents 121,000 teachers, faculty members and support professionals in Ohio’s public schools, colleges and universities.
CONTACT: Michele Prater
614-227-3071; cell 614-378-0469, praterm@ohea.org
Pros, prose and now checklists
I’m looking over Gallup’s “State of America’s Schools Report.” There’s a lot of interesting stuff in it and you should probably read it. This statement caught my interest:
Among employees in 12 different occupational categories Gallup surveyed in 2012, K-12 teachers were the least likely to agree with the statement, “At work, my opinions seem to count.” This is an alarming sign — that teachers see few opportunities to work with school leaders on issues that keep them from using their talents on behalf of their students.
and the finding that
…nearly half of K-12 teachers (46%) report high daily stress during the school year. That figure matches those from other highly demanding professions, such as nurses (46%) and physicians (45%), for the highest stress levels among all occupational groups surveyed.
And also the statement that ”Not thinking of teachers as talented professionals is one of the systemic flaws holding back the U.S. education system,” all seem to work together to codify exactly what most of my colleagues complain about on a daily basis—that nobody’s listening when they should and that drives us crazy.
I’m beginning to wonder if it’s all the paperwork. Years ago, when a student messed up in class, I was asked to describe the incident in a report. The principal would read it, consult with me if needed, and then deal with it. Now, I’m given a card on which I check all that apply. It’s impersonal and cold—not at all the correct way to do discipline.
Back when I was writing referrals, I decided I would try to communicate not only the facts of an event but how it made me feel. I’ve saved a lot of them. Maybe we should take a look at some excerpts (most are lengthy—including the one I wrote in Shakespearian iambic pentameter on a dare from my principal) to see if they’re any better. Names have been changed to protect the guilty.
- Marvin gave me an obligatory “F___ you,” today through the tried-and-true, ultimately sneaky method of saying it with his head down and tucked into the crook of his arm. This creates an oddly resonant, yet muffled sound that doesn’t do much to disguise the voice. I would have known it was Marvin even if he hadn’t been the only one with his head down and everybody was looking at him afterwards.
- They didn’t seem to realize the inherent contradiction evident in breaking and throwing writing utensils and then attempting to do classwork. It’s a lot like a swordsman chucking his weapon at an enemy and then wondering how he became disarmed.
- He enjoyed peeling one of our textbooks despite instructions to the contrary offered at regular intervals over, perhaps, a fifteen minute period of time. Interspersed with his book peeling efforts (the results of which he deposited on the floor), he passed the time by poking Roy Ferrier with a pencil. Roy was sleepy so maybe this was a misguided attempt at being helpful.
- As I was getting class started, or at least making the attempt, I noticed a little back and forth going on between Svetlana and Calliope. What seemed harmless banter at first quickly degenerated into a shouting match, complete with assorted expletives on both girls’ parts. I felt neglected, interposed myself, and bellowed maybe a Class Three Bellow (loud enough to vibrate glass but still not painful to my vocal cords), clearly winning the match, though this had no effect upon our contestants who continued on unabated.
- The next time this kid tells me “F___ you,” or any variation thereupon, I don’t want him back without a meeting with his mother and an administrator. It’s becoming “The Lawman and Levinson Show” and I’m nobody’s straight man. Also, we should probably try to find out whether or not Marvin can actually read. I’ve never seen him try.
- There is some evidence to the effect that John believes the staff here is trying very hard to transmogrify himself and his fellow students into white, homosexual golfers. John feels very strongly about this and has begun to organize.
- In between her braying, too-loud laughter, her conversations clear across the room, her stage sighs, and lippy comebacks, Sue had the stones to ask several times to go to the bathroom. After the last of my several refusals, she walked out.
- Charles will occasionally curse me out of the blue for no apparent reason. He would no doubt say that this is all part of his sense of humor and that it really is funny. I mean, Harold laughs once when he does it, and then again when I ask him what he said and Charles says something like, “I said, ‘The truck is blue, Mr Lawman,” and sometimes Harold will even go, “Oooooo,” when I say, “That’s what I thought you said.”
- On only the thirteenth day where her presence in my classroom coincided with a conscious state, Leonora decided to fake, poorly I thought, a seizure.
- One time I wrote up the whole class – The Whole Enchilada. Actually the only thing my fourth period class has in common with an enchilada is that they both try very hard to give me heartburn and/or acid reflux. The majority will not stay seated, will not pay attention, will not follow simple instructions. I have to demand their entry into the room, demand them to take their seats, demand they get to work, demand their attention, demand they line up for lunch, demand they clean up, and so on ad nauseam. Soon I’ll be powdering their bottoms, tying their shoes, and wiping their noses. If that happens I swear I’ll have to start charging extra. I’ve about had it with this bunch of toddlers – shaving already or no.
Yes, those are real lines from real referrals I turned in to the principal at the alternative high school. It was cathartic – purging my soul onto paper at the height of my fury. And, yes, he filed them and sometimes used them at expulsion hearings. And while he enjoyed them, the new principal found them inappropriate for some reason and asked me to stop. I did, though it was hard sticking to just the facts. I found them unsatisfying and, garnered less than satisfactory results. They’ve whittled away our referral form until all we’re left with is a tiny card with boxes to check and a few lines to fill in—which is all they really want from us anymore, isn’t it?
How often has progress been made giving people the least of what they ask for? Maybe Gallup should do a poll.
By: Vance Lawman, Warren Education Association – Trumbull County
Give Our Students the Services They Need to Succeed
Recently, I received another email from a colleague that all of her school district’s libraries will be manned by paraprofessionals next year. The position of “certified school librarian” is being eliminated entirely.
This has become an-all-too common scenario in the state of Ohio. Teachers and service personnel are often shocked to learn that the Ohio State Operating Standards actually allow for the indiscriminate elimination of school positions. A provision in the Standards (3301-35-05) states, “…Educational service personnel shall be assigned to at least five of the eight following areas: counselor, library media specialist, school nurse, visiting teacher, social worker and elementary art, music and physical education. …” As of 2012-2013 there were 157 school districts without a single certified school librarian. That affects at least 240,000 students.
We are not the only state to have endured a lack of funds for our schools. Some states have weathered the great recession and are demanding that school libraries and certified librarians remain a part of their districts. In 2006, a state law in Iowa required qualified teacher librarians and K-12 library programs in ever school district. As recently as last month, 25 school librarians were added in Minnesota’s St Paul Public Schools by 2015, (thanks to the Saint Paul Federation of Teachers who bargained for these positions). Even cash-strapped Washington, D. C. schools will add 30 school librarians in the next school year.
Every few years, the Ohio State School Board is required to update section 3301-35-05 of the Ohio State Operating Standards to adequately reflect the needs of state districts and school children. The next scheduled update is in 2015. The OSSB Operating Standards Committee has simply proposed changing the wording to “Educational service personnel are credentialed staff with the knowledge, skills, and expertise to support the educational, instructional, health, mental health, and college/career readiness needs of students.” Essentially, this restates the definition of “credentialed staff.” It does nothing to insure that students have access to the service personnel they so desperately need in the 21st century. The proposed wording totally eliminates the necessary mandates to insure that school districts are required to hire even five of eight service personnel. If this passes as written, district administrators will have the option of eliminating all service personnel from their payroll, and will not have to trim budgets in other areas that have less of an impact on our students.
Children need school counselors. They need guidance once in a while when there is none coming from home. Children need school nurses. Medical care is sometimes a life and death situation. Children need social workers. Sometimes children with special needs require the help only social workers can provide, so these students can be successful adults. Children need physical education teachers. For some students, classes in physical activity will be the only organized sport they will ever play. Students need to be exposed to the arts! For some students, this will be the only time the will get to pick up a paintbrush or mold a lump of clay. It may be their only opportunity to sing or develop a special talent they never knew they had.
Of course, students need access to books and libraries, the exposure to information research skills, a love for reading and life-long learning, developing inquiry paradigms, avoiding plagiarism, recognizing authoritative information, becoming responsible digital citizens, taking PAARC assessments successfully, and passing the third grade reading tests, so students can move on to the fourth grade. Only certified school librarians can provide many of these much needed skills. It’s time our state school board protects our students and gives them the service providers they will need to become successful adults and contributing members of society in the 21st century.
I urge teachers and parents to contact their Ohio State School Board members and insist they amend the proposed language of section 3301-35-05 of the State Operating Standards to include all service personnel mentioned in the 2010 version.
By: Susan Ridgeway, Wooster Education Association
June 2014 Ohio Schools
- IN THIS ISSUE
- Artwork highlights what Ohio students like most about schools
- Through theatre, New Albany-Plain Local conveys the importance of acceptance and advocacy
- Legislative update, Association news, and more
Moved recently? Contact the OEA Member Hotline to update the address on file at 1-844-OEA-Info (1-844-632-4636) or email, membership@ohea.org. Representatives are available Monday-Friday, from 8:30 a.m. to 6 p.m. | OhioSchools — Past Issues
Teacher Evaluation Language Good “First Step, But More Fixes Are Needed”
COLUMBUS – June 3, 2014 – Ohio Education Association President Becky Higgins said today that the compromise reached by the House and the Senate in the teacher evaluation provisions of HB362 were a step in the right direction but more work needs to be done to fix the state’s flawed teacher evaluation system.
HB 362, which was overwhelmingly approved by both branches, sets up an alternative framework that reduces from 50% to 42.5% both student growth measures and classroom performance as factors in teacher evaluations. It also provides local flexibility in determining how the remaining 15% of an evaluation will be calculated.
“We would have preferred to have seen the changes that were initially proposed in SB 229, which was unanimously approved by the Senate,” said OEA President Higgins. “But today’s actions by the House and Senate represent some progress which can be built on in the future. We appreciate that lawmakers listened to the concerns of educators and are thankful for the steps taken by the Senate leadership and the tenacity of Senators Gardner and Lehner in making this progress happen.”
Join the conversation @OhioEA and Like Us at OhioEducationAssociation
###
The Ohio Education Association (ohea.org) represents 121,000 teachers, faculty members and support professionals in Ohio’s public schools, colleges and universities.
CONTACT: Michele Prater
614-227-3071; cell 614-378-0469, praterm@ohea.org
OEA Urges State Auditor To Probe Allegations Of Charter School Malpractices
COLUMBUS – June 3, 2014 – The Ohio Education Association (OEA) today called on State Auditor David Yost to look into the serious questions raised by one of its members, Matt Blair, about activities that he observed while teaching at a the Horizon Science Academy in Dayton, Ohio.
In a letter sent yesterday to the State Superintendent and the State Board of Education, Blair said that he witnessed what he believes to be unethical behavior, including “officials pulling at-risk students out of class during standardized testing (and) Turkish men who came in on a Saturday to darken ‘in the answers for students who wrote too lightly’ on standardized tests.”
Blair asked Board members to “determine whether the apparent cheating and other irregularities I witnessed were properly investigated and whether they continue today.”
The initial reaction by officials at the Ohio Department of Education (ODE) to Blair’s allegations, which first appeared on the OEA website in December, 2013, was to try to put a positive spin on the activities at the charter school. No real effort appears to have been made to investigate Blair’s claims, according to publicly-released documents.
“ODE’s apparent failure to conduct a thorough examination of the issues raised by Matt Blair does not inspire confidence in ODE’s ability to oversee charter school operations,” said OEA President Becky Higgins. “It is for that reason that we urge Auditor Yost to act and to conduct a probe worthy of the serious questions that have been raised.”
Join the conversation @OhioEA and Like Us at OhioEducationAssociation
###
The Ohio Education Association (ohea.org) represents 121,000 teachers, faculty members and support professionals in Ohio’s public schools, colleges and universities.
CONTACT: Michele Prater
614-227-3071; cell 614-378-0469, praterm@ohea.org