What changes does Ohio Senate Bill 5 represent?

The Ohio Senate Bill 5 that was signed into law on March 31, 2011 by Governor Kasich, made changes to laws concerning public employees. Several provisions have met with some resistance by public employee unions, and this is their right to voice their opposition to the bill as passed and signed into law. The changes as identified in the law will take effect on July 1, 2011 which is not far off. Efforts are currently underway to challenge the new law at a referendum in the November 8, 2011 general election. The purpose of this article is to present the facts as to what is included in the law and the reasons for opposition to it by public employee unions.

There has been much news about the changes which the law has put in place, and it is essential for the citizens of Ohio to obtain information. Knowledge is the key, but accurate information must be provided so voters can decide if the right decisions were made by Ohio legislatures in enacting the legislation.

While the bill has been signed into law, there are efforts to get a referendum on the ballot in the general election in November 2011. Some issues with the opposition to the bill involve reduced funding for public schools, but this seems to have changed, as there has been an increase in funding for public schools systems. The opposition group is not the only one lobbying about this law, as there is also a group supporting Ohio Senate Bill 5, called “Building a Better Ohio”. Some language changes are being proposed as part of the state budget which must be passed by June 30, 2011. Part of the changes involve removing language which duplicates the language in Ohio Senate Bill 5. It is clear that some negotiation may be taking place as part of the budget legislation now being considered. The language in the final budget bill for the state of Ohio may make some of the provisions and objections to them a mute point, dependent upon the wording of the final budget language.

Ohio Senate Bill 5 is similar to other state’s legislation, such as the issue surrounding Wisconsin with similar objectives and protests. There are similarities of some provisions which are in agreement with other public employee laws. The focus and intent of the legislation is aimed at cutting costs and reducing the deficit in the state budget.

One area which seems to be at odds with those who oppose the legislation is the language that prohibits public employees from striking. To some extent the unions have a point, except for the fact that many public employees in other states and the federal government do not allow public employees to strike. While public employees deserve to have a decent wage, when they strike, they are hurting the public for whom they are providing the service. Imaging the children of a state having school canceled because their teachers are on strike; or garbage piling up in the streets or snow uncleared from our highways because of strikes. This is a very complex subject.

The new law establishes that teacher pay is based upon performance that is based on a framework for teacher evaluations as recommended by the Superintendent of Public Instruction and the State Board of Education. This takes the decision for teacher pay from local administration and places it in the hands of the state. Some may feel this to be a bad decision, while others may think it is a good one. Many school districts are facing financial troubles in these economic times and something needs to change. Consistent change cannot be regulated only locally, but must take place at the state level. Other restrictions or mandates include such things as teachers being retested in school districts where the performance on standardized test scores are in the lowest 10% in the state.

The requirement for mandating teachers being retested is a hot topic with the opposition, but in the private sector, teachers who perform poorly are subject to review in order to be retained. One thing which must be considered in this element of the law is the evaluation of all the variables which contribute to a low test score. While teachers are on the front line and have interaction with the students, they need the tools and equipment to help present their subjects in a way that students can grasp what is being taught.

Some call Ohio Senate Bill 5 the collective-bargaining law, as it involves changing many collective bargaining principles. It is clear that the collective-bargaining process is or will be affected by this legislation, and the legislation in other states where new laws have been enacted or are where legislation comparable to Ohio Senate Bill 5 is being considered.

It is not possible to cover all of the aspects of this legislation in this short article. The legislation as enacted includes detailed information addressing many major issues. Legislation of this nature and its impact will be far reaching, and whether it has a positive impact on the budget situation of the state is yet to be seen. One thing that is clear is that, when states are in financial constraints, they must think outside the box to address issues that are unprecedented.

There is a possibility that this legislation will be voted on in the general election in Ohio this November, but before making a decision, voters must look past the media coverage and decide if the content has shown evidence of achieving its objective. If it appears that is has, then the vote should be to accept. Regardless, decisions made must be based on sound data. It is important that before deciding on whether to keep a law or not, that it actually should be read as we expect our legislators to do before they vote on legislation. This is the only way good decisions can be made on any legislation or action placed on any election ballot.

To read this Bill entirety, click on this link:

http://www.legislature.state.oh.us/BillText129/129_SB_5_PS_N.html