Indiana's 2018 legislative session

Indiana Democrats are frustrated takeover plans for Gary and Muncie have no end in sight

PHOTO: Shaina Cavazos
Sen. Karen Tallian, a Democrat, addresses parents and students from Gary about House Bill 1315 during the regular session in March.

In a bill designed to deal with state takeover of the Gary and Muncie school districts, Indiana lawmakers took some small steps Thursday to appease concerns about loss of local control in the financially troubled school districts.

But opponents don’t think the changes go far enough.

Some of those additions approved in an extensive amendment in the Senate Appropriations Committee include keeping the names of troubled districts secret until they are finalized to prevent a mass exit of students and teachers, something community leaders and advocates feared.

Republicans also included a measure that would allow remaining Gary School Board members to fill empty spots on the board, a small concession given that the board is still relegated to an advisory role. The Muncie board would be allowed to elect two local at-large members in 2022.

Many of the changes are small adjustments from earlier versions of the bill, but the original structure is still largely in place: The bill would expand the responsibilities of Gary’s emergency manager, allow Ball State University to take control of Muncie Schools and put in place a new system to help the state identify schools that could be on the way toward significant financial problems. The legislation builds on a Senate bill from last year that allowed the state to take over districts in financial trouble.

Under the new version, additional rules would be placed on districts once they are no longer considered “distressed.” In the two years after a district exits takeover, officials could not propose referendums to raise taxes, issue bonds, adopt a budget, or sign a lease without the approval of the Distressed Unit Appeals Board, a group set up to hear requests from districts they have identified for takeover.

Districts would also have to send copies of annual reports to the appeals board, including audits and financial and personnel reports, for four years after leaving takeover.

But the bill still doesn’t lay out a timeline or specific process for how a district could qualify to leave the state’s control, though the amendment did clarify that a district could petition to exit if it is bringing in more money than it spends. Initially, only an emergency manager could do that.

Democrats were disappointed and frustrated that no deadline for exiting state takeover was included, but seemed resigned to the fact that it would move ahead regardless. House Bill 1315 passed committee 9-4, along party lines.

“There are a number of things that are now in this amendment that make this bill a little better than it was,” said Sen. Karen Tallian, a Democrat from Portage. “However I have to say that we still cannot support the bill as amended.”

Tallian and other Democrats said it was important to know when the boards could be returned to the districts and hold local elections. Voter representation has been a concern for community members and local lawmakers, who believe that they are being disenfranchised by the bill.

“We believe that there should be a way out of this,” Tallian said. “This should not last forever.”

Read: Parents feel left out of the Gary takeover debate. This mom pushed to be included.

But Sen. Liz Brown, a Republican on the committee, said she wasn’t confident setting an end date was a good idea, particularly for districts that have struggled as much and dealt with as much financial mismanagement as Muncie and Gary.

“I’d love to be able to put a sunset on it,” Brown said. “But looking at the chronology at the Muncie school district, this cesspool didn’t happen overnight, and it’s not going to be righted any time soon.”

The amendment also didn’t resolve concerns from teachers unions that the Muncie district would no longer be required to have union representation. The district would be allowed to have a union if it so chose, but individual schools would be allowed to opt-out.

“We are still very concerned about the actions being taken by the state against local control and teachers’ voice in (House Bill) 1315,” said Teresa Meredith, president of the Indiana State Teachers Association. “Although there have been some minor changes, we are still urging legislators to recognize Muncie teachers’ right to collectively organize.”

House Bill 1315 also has new language that would allow certain districts to sell empty school buildings before they set it aside for charter schools to lease or buy. That could open opportunities for Indianapolis Public Schools, the only district the bill’s language applies to, to sell Broad Ripple High School, which is closing this year.

The bill next heads to the full Senate.

Indiana's 2018 legislative session

What’s so hard about teaching ‘soft skills’? More than Indiana policymakers might think

PHOTO: Shaina Cavazos
Students at Robey Elementary School in Wayne Township.

Indiana schools have a long list of specific topics students must learn about before they graduate that are enshrined in state law — the U.S. Constitution, the Holocaust, the effects of alcohol and drugs. Soon, “employability skills” will join them.

Also known as “soft skills” and “21st Century Skills,” these are the intangible abilities that students might be expected to have once they graduate from high schools, and they have been part of the school experience for decades. Sometimes the skills in question focus more on character or morality, while other times — especially in high schools — they focus on job-readiness. But they all boil down to figuring out how to teach students skills that are academics-adjacent and, often, hard to measure.

While schools have been trying to teach these skills for years, they have been highlighted recently by policymakers and employers as critical for post-high school success. But, education researchers and advocates worry, legislating these programs can be a challenge — and might not lead to noticeable changes.

“Good schools have always done this,” said Andrew Rotherham, co-founder of Bellwether Education Partners, a national nonprofit that advocates for school choice. “But what often happens is it’s just one more thing that people have to do, and they end up checking that box.”

Under a law that passed this past spring with broad bipartisan support, all schools will have to incorporate these skills into their lessons beginning in 2019. The law comes as Indiana policymakers have made a big push to encourage “college- and career-readiness,” an education buzzword that has permeated conversations about recently adopted graduation requirements and city-led college access projects.

The bill itself is vague and says schools have to teach these skills across all subjects and occasionally create activities or special events on career awareness and development. The topics to be taught are specific to grade levels, spanning “basic employment concepts,” choosing careers based on interests and skills, job or higher education counseling, hands-on experiences, and workplace visits.

There is no method laid out for measuring schools’ performance or assessing the material.

The idea for the bill came from Indiana State Board of Education member David Freitas, who has long lobbied for such policies. The message could be as broad as encouraging conscientiousness and punctuality or as specific as teachers greeting each student in the morning with a firm handshake.

“These are core foundational skills that every person should have,” Freitas said. “It’s relevant today, it was relevant yesterday, and it’s going to be relevant tomorrow.”

The model that Indiana schools will have to eventually follow first requires the Indiana Department of Education to create employability skill standards, which the state board will eventually have to approve.

State officials won’t necessarily be starting from scratch — The U.S. Department of Education has developed an outline for teaching these skills and resources for schools, such as a checklist of academic and critical thinking skills that can be used to build lessons.

Indiana’s biggest challenges likely will be rolling the policy out in a way that ensures these skills are actually taught, taught well, and don’t become an “unfunded mandate.”

Jonathan Plucker, a professor and researcher at Johns Hopkins University who studies education policy and talent development, whose work has centered on designing assessments to measure topics like creativity and collaboration, said requiring schools to teach the skills can be a bigger obstacle than states realize.

“We don’t have great assessments for a lot of these things, so it is difficult to gauge whether you are doing a good job teaching students,” Plucker said. “There’s nothing in here about accountability, reporting, monitoring or assessment, and that’s how we ensure policies get enacted. You would never write a tax bill without any of those things.”oh

Plucker also thinks schools need to think long-term about what skills students may need in the future, not preparing them for the current job market.

“It would be much more powerful to take the longer-haul view of how are we educating them for the jobs of tomorrow, like where are we working in creativity and communication skills, collaboration skills?” Plucker said. “How are we helping them prepare for the jobs that we know are going to be the vast majority of career opportunities when they get out?”

Some schools already have programs in place. At Robey Elementary School in Wayne Township, their version of a soft skills program has focused on positive behavior. As the Robey Rockets, their motto is “BLAST” — Be Respectful, Lifelong learning, Active listening, Safety, Taking responsibility.

Most schools in the district have something similar, Principal Ben Markley said. The Garden City Gators have the three Gs, while the Bridgeport Knights have an “ARMOR” shield. In other districts, such as Franklin Township, South Creek Elementary School uses “GREAT” to encourage Generosity, Respect, Effort, positive Attitude, and Trustworthiness. It might seem simple, but Markley said he’s noticed its effects.

“You’ve got to have a common language,” Markley said. “When students go to physical education class or to art or to music … having a framework that they can count on, that they can improve upon over time, it is something that makes a difference for our kids.”

It’s unclear how much implementing the program will cost. Fiscal analysts from the Legislative Services Agency said the provisions in Senate Bill 297 would increase work for state education department employees, as well as districts carrying out another piece of the legislation — the Work Ethic Certificate program. The program is currently being tried out in 18 districts, and it partners districts and local employers together to create a credential students can earn if they demonstrate employability skills while in high school.

The Department of Workforce Development has issued grants to districts to support their work, but this year’s bill didn’t include any additional funding to expand the work ethic certificate program. It’s possible that could come next year, when lawmakers meet to craft the state’s next two-year budget.

Freitas said he’s really excited to see the plans take shape, and he knows some schools might already be working on these skills without the state requiring it. He said it’s not necessary that they hire any special teachers — it’s about focusing on the lessons and working soft skills into what’s already being taught.

“I see it embedded within the curriculum,” Freitas said. “Ten years from now, I think it’s important for everyone to be respectful to each other, civil to each other. So it has nothing to do with, ‘are they skills for the future’ — yeah, they are skills for the future. They are not going to change.”

Indiana's 2018 legislative session

Here’s what the Gary and Muncie takeover bill could mean for other Indiana districts

PHOTO: Shaina Cavazos
Rep. Tim Brown, the author of House Bill 1315, makes his closing remarks.

Disregarding opposition from teachers and local leaders, Indiana lawmakers overwhelmingly voted Monday to strip power from the Gary and Muncie school boards, potentially eliminate the Muncie teachers union and place the district under outside control — and exempt it from required annual performance reports.

The groundbreaking bill delivers control of Muncie public schools to Ball State University, which has never run a public school district (although it currently operates two schools in the area), and frees Muncie from state performance reports imposed on other school districts.

During Monday’s special legislative session to wrap up unfinished work, a far-reaching district takeover bill easily passed — 63-30 in the House and 34-14 in the Senate — with dissent primarily from Democrats. The bill next heads to Gov. Eric Holcomb, who is likely to sign it.

Opponents said the bill infringes on residents’ control and stifles public input.

“Teachers in Muncie are despondent,” said Pat Kennedy, Muncie’s teachers union president. “Ball State keeps talking about partnership, but in a partnership both parties have meaningful impact, and this bill does not allow for that.”

Fortifying unprecedented legislation last year that enabled the state to intervene in Gary and Muncie, this year’s House Bill 1315 would put the Muncie district under the control of Ball State University, further empower Gary’s emergency manager, and effectively turn both districts’ elected boards of education into figureheads.

Read: Race can’t be ignored in takeover of Gary and Muncie schools, civic leaders say

For Indiana, district takeovers are uncharted territory, even though other states have seized such power with mixed results. Although the bill specifies the Gary and Muncie school districts, it alters state education policy in ways that could affect the rest of the state.

Rep. Tim Brown, a Republican from Crawfordsville and the bill’s author, said the bill gives troubled districts more opportunities to turn themselves around sooner.

“To say we’re going to do it the same way is just banging out head against the wall,” Brown said. “We have to change as we go forward because the times demand we change.”

Here are four key takeaways:

A-F grades for Muncie schools may disappear, a departure from Indiana’s history pushing school accountability

In an effort to encourage “innovative strategies,” the bill would free Ball State from reporting Muncie schools’ performance via the annual A-F grades measuring school and district improvement.

The provision represents a big step back from the version of  high-stakes school accountability touted by Republicans. Former Gov. Mike Pence often said that if students can be graded every day, schools can be graded every year.

Participation in state ratings would be optional for Ball State. State grades can come with serious consequences if schools reach four years of Fs, including closure or takeover.

School and district leaders have told policymakers and lawmakers frequently that letter grades don’t tell the whole story of their students — even state Superintendent Jennifer McCormick has echoed those sentiments.

Although some very small schools escape state ratings, Muncie would become the only district exempt from state grading, Indiana Department of Education’s spokesman Adam Baker said.

Because Ball State wouldn’t take control until later this summer, Muncie will still receive a letter grade for the current school year.

However, the district will still be subject to  federal law, which requires releasing a rating based on test scores, graduation rates, and other student and school achievement data. That measure will be calculated on a 100-point scale similar to the state’s A-F grades.

District finances will receive higher scrutiny, but much of that will be in private.

House Bill 1315 also creates a way for the state to intervene in districts experiencing financial hardship.

If a district meets certain financial criteria — which could be based on enrollment, cash balances, deficits or financial trends — the state’s Distressed Unit Appeal Board could require it to follow a “corrective action plan.” Failure to follow that plan or to make enough improvements could land the district on a financial watchlist.

That would be much earlier and more intensive financial intervention than is currently spelled out for schools.

Yet all deliberations about the action plan would be in secret, unless the district were placed on a watchlist. That means families and even teachers might not know about district-state finance plans.

Lawmakers defended the secrecy as a way to reassure district officials and prevent families from fleeing because of potential financial trouble.

“The concerns from school officials were they didn’t want flight just because they were asking for some help,” Brown said. “This bill allows some process for a gradual assistance … It won’t be a cliff.”

But some open-government advocates have called it a dangerous move that excludes the public from important discussions in communities.

The bill “robs the public of the ability to push their school boards to accept the help” of state officials and doesn’t give people the chance to speak out about difficult decisions facing their schools, said Steve Key, executive director and general counsel for the Hoosier State Press Association. “All of that is being done behind closed doors.”

Muncie stands to lose some stigma around takeover, but also potentially its union.

With Ball State taking control, Muncie would no longer be designated a “distressed” district. That might  lend credibility to the district, which has seen years of financial mismanagement.

But the move also could destroy the district’s teachers union. Ball State will get to decide whether Muncie teachers may retain their exclusive representative. So far, said Muncie teachers union President Pat Kennedy, it’s not clear what the answer will be, nor how the process for negotiating future teachers contracts would work.

Kennedy said teachers in Muncie feel like they’ve lost their voices in the process, and some see the change as punishment for the poor decision-making of previous administrators.

“This isn’t about the quality of Ball State as an institution,” Kennedy said. “What is the real value of this bill other than to take away teacher rights?”

Gary leaders worry about losing local control and input.

Gary public schools will continue to be run by its emergency manager, Peggy Hinckley, a former interim superintendent in Indianapolis Public Schools. Lawmakers from the area said that Hinckley, who has been on the job about a year, is helping get the district back on track.

Sen. Eddie Melton, a Democrat from Northwest Indiana, and others on Monday said that House Bill 1315 adds upheaval to an already difficult process that hasn’t had time to do what lawmakers created it to do. It also wasn’t urgent enough to quickly move ahead in a one-day special session, he said.

“This bill is not an emergency, and it does not contribute to building up the overall educational quality in Gary,” Melton said.

The bill demotes Gary’s elected school board to an advisory board that only can meet up to four times a year, and Hinckley is no longer required to consult with its members.

Indiana Democrats also said the bill could be a harbinger of future takeovers, and that other legislators should be sensitive to that before they vote for dramatic changes to others’ communities.

“Yes, it’s Gary today,” said Rep. Charlie Brown, a Democrat from the area. “But it could be you tomorrow.”