New Day Stupid Way

HB 153, Kasich’s biennium budget bill, already contains in it a number of provisions regarding teacher pay that seems similar, if not identical, provisions to the “merit pay” provisions in SB 5 for teachers.  Presently, HB 153 would:

  • Supersede any provision in any collective bargaining agreement entered into on or after the effective date of the budget;
  • Start during the 2011-2012 school year;
  • Mandates that districts and ESC create separate salary schedules for:
    1. Teachers with a resident educator or alternative resident educator license;
    2. Teachers with a professional educator’s license;
    3. Senior professional educator’s license;
    4. Lead professional educator’s license
  • Determine the pay of each individual teacher within their appropriate schedule on a “merit” basis;
  • Any district that doesn’t comply may have its state funding withheld until it does;

Currently law creates such salary schedules, but to set minimum standards of what a teacher can be paid based on their years of experience and training.  Kasich’s budget turns what was intended to be a minimum standard mandate into a more rigid “merit-based” system that ignores experience altogether. 

However, Kasich is not content that his budget contains enough provisions of SB 5 in it.  According to Gongwer, Governor Kasich thinks the State budget should be amended to include SB 5’s provisions on “merit pay” for teachers, and perhaps other SB 5 provisions. 

Speaker Batchelder admits that they are seriously considering incorporating SB 5 into the budget to “back up” SB 5 in the face of a referendum.   Although Ohio’s Constitution exempts appropriations as being subject to referendum, the Ohio Supreme Court has a strong line of cases (such as the LetOhioVote.org VLT case during the Strickland Administration) that substantive changes in statutory law can still be subjected to referendum, even when they are burrowed into a budget or appropriation bill.

So the GOP knows, or should know, that merely putting SB 5 into the budget doesn’t make it immune from referendum?  So why the duplicity?  Because so far all the referendum can do is repeal SB 5 as signed by Kasich.  If its provisions are redundantly incorporated into other legislation, such as the budget bill, then those provisions survive any referendum, unless they are also repealed via referendum.  In addition, the GOP could legally challenge the right to referendum under the budget bill despite the legal precedent cited the Ohio Supreme Court in LetOhioVote.org v. Brunner I.

By forcing anti-SB 5 forces to gather signatures for multiple referenda, the hope is that they either fail to put ever SB 5-invested legislation to the voters, or the voters will get confused and perhaps vote to repeal SB 5, but not the teacher merit-pay budget provisions.  Think of it as cloning SB 5 in the hopes that one of the lil’ buggers will survive the onslaught of referenda.

It’s a highly provocative act that spits in the face of the voters because there is no rational explanation to even consider doing it other than frustrating voters ability to repeal legislation through referendum.  It also is a rather telling example of just how confident they aren’t that SB 5 can survive a clean referendum fight.

Seriously, just when you think these people can’t be more underhanded and devious, they invent whole new ways to surprise you.

Evangelize!
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  • Sluggo

    It’s HB 153. And they are bastards.

  • Sluggo

    It’s HB 153. And they are bastards.

  • http://twitter.com/cwhartman Charlie Hartman

    Disgusting.

  • Anonymous

    Corrected… Getting too many bills in my head. Sorry, I should have proofread better before posting.

  • Mm44333

    That’s contractual interference (superceeding existing contracts) and will result in expensive lawsuits the state will lose. He’s not a king, as much as he might like to imagine he is.

  • publichealthgirl

    If Kasich and his band of merry men are so sure that Ohio wants this and that there is a “silent majority” who supports SB5, why go through all of these measures? The sad truth is they know they are acting against the interests and the wishes of the people of Ohio. Let’s face it people, this is just another way to oppress the masses. There is no legitimate reason to pass a law and then do everything in your power to make it impossible for people to repeal the law. If they legitimately thought that they were acting at the behest of a silent majority, they would be proud to let it stand to a vote and let the people speak. Their actions speak so much louder than words as to the true intent of these bills…

  • Sluggo

    It’s alright man, your site is doing yeoman’s work reporting on this crew.

  • buckeyekelly

    I don’t get how “tea” party folks can get behind these shenanigans, but then again, I”m applying reason to an unreasonable lot of folks.

    How does this NOT grow government?
    How is this NOT disenfranchising voters?
    How is this playing to the letter of the Constitution?

    I’m all for fiscal responsibility, I honestly am, but anyone listening to Grendell’s speech should have serious misgivings if they call themselves a “tea” party member.

    PS – I must use quotes around the “tea” party because they are neither taxed-enough-already or a part of the tea party that our country was in part founded on (taxation without representation).

  • http://www.facebook.com/people/Ian-James/1017743396 Ian James

    The only way to get the Statehouse GOP’s attention and stop them from nibbling workers’ rights to death is to draft, circulate and vote in favor of a Workers’ Bill of Rights. Until this happens, Ohio Working Families will continue to be subjected to attacks from the GOP Legislature and Governor.

  • cathy

    They will pull out all the stops, just as the legislators did in Wisconsin. I’m hoppin’ mad about this. It undermines the citizens’ veto process. It is the height of arrogance on the part of elected officials.

  • Ellie

    I totally agree with you, but could you elaborate? Could/would the supreme court intervene? I am trying to hold out for some kind of hope since both my husband and I are teachers…

  • Kehreslandscaping

    This new attack on collective bargaining is not going to end until Kasich is outnof office. This whole situation makes me sick. I think that he put this in here because he knows sb5 will be reversed in November. Now, we have to continue with out letters, phone calls and rallies. It makes me sad to think that we have to spend so much time and focus on this when we should be focusing on our students.

  • http://www.facebook.com/people/Carrie-Preston/100000765994211 Carrie Preston

    How much is more money. Is it more money when they cut our pay and you need to have this to get back to the same rate you were at. To be a lead teacher you are someone who is not teaching but evaluating and telling other teachers what to do and what to improve upon. You will have to have a bachelors degree, masters degree, work with a professional license for 5 years and be nationally certified all at your own expense. Do you know what it costs to get a Masters degree ? I do I have one. Do you know what it cost to be go through the National certification? I do $2,000 .Will the wages only bring us back to what we are now making? Oh yes and you can only be a lead teacher for 5 years. Then what ? You go back to the classroom. What wages do you have then? You are no longer a lead teacher so do you lose pay?? If you are a teacher who works on Rounds in your building and in other buildings in your district- if you are a teacher who volunteers to work on Ready Schools- If you are a teacher who facilitates Critical friends in other buildings –if you are a teacher on your School Improvement Team- or a teacher who is a coordinator for more than one program your school districts has in the buildings-If you volunteer monthly to work on parent nights- will you get merit pay for this? I do all this but now I have to pay more to just be a lead teacher who doesn’t work with the students to get the pay I deserve. I want to work with my students. not adults. If I want to work with adults I would have my PhD.! Why can we not pay teachers wages they deserve to be the professionals we are and let us keep the professional climate we have created and worked so hard on. Lets not pit one against the other as these new bills and certifications are forced down our throats. I know for a fact that instead of principals being the ones to get rid of teachers our district is going to let the lead teachers have this job. Oh yes there goes the positive atmosphere we have worked so hard on.

  • http://www.facebook.com/people/Carrie-Preston/100000765994211 Carrie Preston

    That’s exactly what I am saying.

  • http://www.facebook.com/people/Carrie-Preston/100000765994211 Carrie Preston

    That’s exactly what I am saying.

  • Jacobbeth_

    I feel the same way. Never in my 13 years teaching have I felt like crying quite as often.

  • Lacklandgd

    Doc, to answer your question about WHY the governor hates teachers, all you have to do is look at the list of contributors to his campaign….David Brennan = charter schools = BIG $ for privatization of the state’s schools…..the state budget increases monies to those private companies, all the while taking $ from districts who need it….there are already 13 of these schools in Ohio..

    Once again, profits and big business….turnpike, prisons, raping of the state’s parks for natural gas and the list goes on…at the expense of the residents of Ohio….

    I liken his behavior to that of my dog when I take him for a walk…he “lifts his leg” on every bush, rock, mailbox post…then walks away….

    The governor will “walk away” in 4 yrs, only after his “lifted his leg” on everything the state owns…

  • SANDRA

    I THINK YOU NEED TO HAVE A MENTAL EVALUATION BEFORE YOU GO INTO OFFICE

  • Anonymous

    I think you need to find your CAPS LOCK. :)

  • Anonymous

    I think you need to find your CAPS LOCK. :)

  • Anonymous

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  • guest

    Evil rich people have all the judges and politicians in their pocket. They own the courts. That is why the Rethugs are so dangerous; they sold us out to the lowest bidder and want to be our overseers. That is the new job security for evil R’s.

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