Legislative Perspective - Ohio School Boards 2015... · Association of the Central States (ISACS) are exempt from: • High school graduation assessment requirements • End-of-course

© 2015, Ohio School Boards Association All rights reserved

OSBA leads the way to educational excellence by serving Ohio’s public school board members and the diverse districts they represent through superior service, unwavering advocacy and creative solutions.

Legislative Perspective

Jennifer Hogue, Lobbyist Division of Legislative Services

October 15, 2015


•  Overview of recently passed legislation

•  Legislation that is likely to see action


RECENTLY PASSED LEGISLATION


HB 64- Subject Area Competency

•  Provided $1 million funding for pilot programs (maximum grant is $200,000)

•  Districts, JVSDs, community schools, STEM schools or consortia of one or more of these entities led by an ESC may apply

•  Applications are due 11/1/15- ODE to make selections by 3/1/16

•  Allow students to advance upon mastery


HB 64- School Safety and Security

•  Board of Building Standards required to adopt rules for a staff member to use security devices (including those that prevent ingress and egress for a finite period of time and in an emergency situation)

•  School then required to provide staff training and maintain record of training

•  Administrator must notify police and fire chiefs (but not obtain approval)

•  Fire Code is prohibited from banning the use of the devices


HB 64- Straight A Fund •  $5,000,000 in FY16 to support

graduate coursework for high school teachers to receive credentialing to teach College Credit Plus courses

•  Priority to be given to consortia that include economically disadvantaged high schools


HB 64- Joint Education Oversight Committee

•  Creates a new Joint Education Oversight Committee (JEOC) –  5 members of the Ohio House –  5 members of the Ohio Senate

•  Requires the JEOC to select for review and evaluation, education programs at school districts and other public schools

•  Authorizes with prior approval, JEOC to issue subpoenas and to enter and inspect school districts and other public schools


HB 64- Joint Education Oversight Committee

•  Authorizes JEOC to review bills and resolutions regarding education that are introduced in the General Assembly, and to submit a report of its review of a bill or resolution to the General Assembly

•  Authorizes JEOC to request the State Superintendent or the Chancellor of Higher Education to appear before the committee upon request


HB 64- Special Elections •  Eliminates the ability for school districts and local

governments to conduct special elections in February –  August special elections are still permitted

•  Requires school districts and local governments that submit an item for placement on the ballot at a special election to prepay 65% of the estimated cost of the election –  Actual costs determined following the election for

settlement purposes


HB 64- High Performing Teachers

•  State Board to adopt rules defining “consistently high-performing teachers”

•  Consistently high-performing teachers exempted from: –  Completing any additional coursework for

renewal of educator license –  Any requirements prescribed by district’s local

professional development committee (LPDC) in regard to the additional coursework.


HB 64- Pupil Activity Permits & JROTC Instructors

•  Modifies duration of pupil activity program permit from three years to same number of years as an individual’s educator license

•  Prohibits the State Board from requiring a free for a license issued for the teaching of a Junior ROTC program


HB 64- Ohio Teacher Residency Program

•  Requires mentoring for only the first two years •  Modifies the required counseling component of

the program- district must determine if it is necessary

•  Specifies that the resident educator summative assessment is required to progress in the third year

•  Career-technical education instructors with an alternative resident educator license may skip the 1st two years of the program


HB 64- Home-schooled

Diplomas •  Specifies that a home-schooled student who has completed

the high school curriculum may be granted a high school diploma by the student’s parent or guardian

•  The home-schooled student’s diploma must include either: –  A certification signed by the superintendent of the student’s

district of residence that the student completed the requirements of state home-instruction law or

–  The official letter of excuse issued by the superintendent of the student’s final year of home instruction

•  Requires the district superintendent to sign any diploma presented to the superintendent if the student and parent have complied with the requirements of the state home instruction law


HB 64- Non-chartered Nonpublic Diplomas

•  Specifies that students who have graduated from a non-chartered nonpublic school in Ohio and successfully completed that school’s high school curriculum may be granted a diploma by the school’s governing authority


HB 64- Diplomas •  Specifies that these diplomas are

satisfactory to fulfill any legal requirement to show proof of graduation

•  These diplomas are proof of graduation regardless of whether or not these students took the graduation assessments


HB 64- Assessments •  Exemptions

–  High school student attending chartered nonpublic school accredited by the Independent Schools Association of the Central States (ISACS) are exempt from:

•  High school graduation assessment requirements •  End-of-course exams

–  Creates an additional pathway for nonpublic high school students attending schools not accredited by ISACS if:

•  The student passes an alternative assessment approved by ODE and selected by the school


HB 64- Assessments •  Exemptions

–  A non-ISACS chartered nonpublic school may forgo end-of-course exams if it administers an alternative assessment to all of its students

–  Such schools may forgo all end-of-course exams if it publishes the results of the alternative assessment

–  ODE must designate “passing” score on approved, nationally norm-referenced assessments, with specified reliability and validity factors


HB 64- Assessments •  Prohibits GRF from being used to

purchase an assessment developed by PARCC for use as the state assessment for elementary or secondary achievement assessments

•  Prohibits Race to the Top funds from being used for any purpose related to elementary and secondary achievement assessments


HB 64- Assessments •  ODE must verify that state achievement

assessments for 2015-16: – Will be administered only once each year,

not use multiple testing windows and be in the second half of the school year

– The restriction does not apply to end-of-course exams for courses completed in the first semester


HB 64- Assessments •  ODE, and any vendor it contracts with for

scoring, must send each school and district a list of scores by within 45 days for all elementary and secondary assessments or by June 30, whichever is earlier

•  The results for the writing component of any assessment in the area of English language arts are to be sent after 45 days of the administration, but no later than June 30


HB 64- Assessments •  These deadlines do not apply to the

third-grade ELA assessments •  Third-grade ELA results are due within

45 days of the assessment’s administration by June 25, whichever is earlier


HB 64- Assessments •  The reading skills assessments administered

annually are to be completed by November 1 for kindergarten students and by September 30 for students in grades 1-3

•  Assessments may be administered electronically using live audio and video connections whereby the test administrator may be in a location separate form the student


HB 64- Report Cards •  The State Board must adopt rules to

establish proficiency percentages to meet each report card indicator that is based on a state assessment – For 2014-15- Not later than 12/31/15 – For 2015-16- Not later than 7/1/16 – For 2016-17- Not later than 7/1/17


HB 64- Report Cards •  Establishes 2017-18 as the school year

by which overall letter grades must be first issued

•  Extends through 2016-17 the following safe harbor provisions: – The State Board/ ODE authorized to not

issue individual grades – Any ranking based on expenditures or

performance levels


HB 64- Report Cards •  Report card ratings are not to be used to:

–  Determine Education Choice Scholarship eligibility

–  Community school closure –  Academic distress commissions

•  Extends by two years, through 2016-17, a provision that prohibits a school from using scores on state assessments or end of year exams for retention, promotion or grading


HB 64- Report Cards •  Each school district, community school

and STEM school must report to ODE the number of students who did not take a state achievement assessment in 2014-15, who was not excused

•  Report as a whole number and as a percentage


HB 64- Assessments •  The State Board may choose to develop

a method to determine student academic progress for high school students that is based on the results of end-of-course exams in ELA and mathematics

•  If an ungraded measure is developed, results are not to be assigned a letter grade prior to the 2017-18 school year


HB 64- GED Tests •  Requires GED applications to include:

–  If under 18, written approval from parent, guardian or court official

–  The applicant’s official high school transcript •  ODE is required to approve or deny. They

may approve only if the applicant has: –  Been continuously enrolled in a diploma granting

program for at least one semester with a 75% attendance rate

–  Show good cause- rules to be adopted by ODE


HB 64- GED Tests •  Approved applicants under the age of 18 must

remain enrolled in school and maintain a 75% attendance rate until they either pass all required sections of the GED or turn 18

•  Also eligible to take GED tests, regardless of another requirement: –  Home-schooled students –  Students excused from school for bodily or mental

conditions –  Ohio school attendees who are or have moved –  Extenuating circumstances as determined by ODE


HB 64- GED Tests •  Persons who officially withdraw to take the GED

tests must be included as a dropout in the calculation of graduation rates on state report cards

•  Students who fail to attain the required scores to earn a high school equivalence diploma must: –  Retake only the specific test(s) failed –  Pay only for the cost of the specific test to be retaken

•  A person must not pay for the entire battery of tests unless they must retake all tests


HB 70 •  Original language was intended to

encourage a collaborative effort to create community learning centers

•  Modeled after programs in operation in Cincinnati

•  Was originally permissive legislation


HB 70 •  Late amendment- Senate Education Committee- added

significant language to change the operation of the Academic Distress Commission in Youngstown City Schools

•  Passed by both chambers in one day! No opportunity for opposition testimony

•  Applies to all school districts that have received an overall grade of “F” for three consecutive years

•  Also applies to any district that currently has an academic distress commission for at least four years

•  Removes powers from the board of education and the academic distress commission and transfers that power to an appointed CEO


HB 70 •  The appointed CEO- someone with “high-

level management experience in the public or private sector” exercises complete operational, managerial and instructional control of the system

•  CEO must gather community input to develop a plan to improve academic performance

•  Powers of the CEO expand if the district does not experience success- C or higher!


HB 70 •  CEO may use a variety of turnaround

methods, including closing the school and/or operate it as a charter school

•  CEO may limit, suspend or alter collective bargaining agreements during year two

•  After the fourth year, the mayor must appoint a new board of education, after which a referendum is to be held


HB 70 •  Youngstown students are eligible for an

EdChoice voucher at any time •  After the second year, other public and

private schools enrolling Youngstown students may receive academic performance bonuses

•  The district could ultimately be disbanded or abolished


House Bill 2 •  Strengthened by amendments from

SB 148 •  Passed the Senate 30-0 in June •  Completed earlier this month


House Bill 2 •  Accountability for:

– Sponsors – Governing Authorities – Operators


House Bill 2 •  Increased oversight of governing authority

members –  Requires each governing authority member to

annually file a disclosure report –  Requires charter school to disclose the name of

each governing authority member on its website –  Limits the compensation from $425 to $125 per

meeting –  Requires the adoption of an annual budget with

specific criteria to be included


House Bill 2 •  Requirements for employment of a

designated fiscal officer – Must be employed by the governing

authority unless an annual resolution is adopted and approved by the sponsor

•  If waived, the fiscal officer is required to annually meet with the governing authority

•  If the school closes, all financial and enrollment records must be delivered to the school sponsor within 30 days


House Bill 2 •  Increased sponsor oversight

–  Compliance with all laws –  Monitoring and evaluating academic and fiscal

performance and organization and operation annually

–  Report evaluation results to ODE and parents –  Provide technical assistance in complying with the

law –  Intervene in school’s operation to correct problems –  Have a plan in case of school closure for financial

reasons


House Bill 2 •  Sponsors are prohibited from selling any

goods or services to a school they sponsor – Not required for any contracts entered into

prior to the bill’s effective date until the expiration of the contract

– Permits a school district or state university that sponsors a school to provide services as long as there is no profit involved


House Bill 2 •  Sponsor expenditure report

–  Due annually by August 15 –  Report on the amount and type of expenditures

made in providing oversight and technical assistance to each community school it sponsors

•  Salaries, wages, benefits and other compensation •  All purchased or contracted services •  Materials and supplies •  Equipment, furniture and fixtures, •  Facilities and •  Other expenditures


House Bill 2 •  Sponsor Evaluation System

–  ODE annually rate based on •  Compliance with laws and rules •  Academic performance •  Adherence to quality practices

–  Can evaluate on quality practices every 3rd year if rated exemplary or effective on most recent evaluation

•  Sponsor incentives for those rated as “exemplary” for two or more years –  No limits on the number of schools or territory where

schools are located


House Bill 2 •  New restrictions on sponsors

– Prohibits a sponsor with an overall rating of “ineffective” from sponsoring any new or additional schools

•  Ineffective for 3 consecutive years- sponsorship authority is revoked

– Establishes a new rating of “poor” •  Revocation of authority to sponsor •  ODE Office of School Sponsorship takeover


House Bill 2 •  Operator requirement

– Contracts with governing authority must have criteria for use in early termination, required notification procedures and a stipulation of which entity owns facilities and property

– Requires ODE to keep a directory and publish names of operators as well as publish an annual report on operator performance 11/15/16)


House Bill 2 •  Requires an operator that receives more than

20% of the gross annual revenues from a school to provide a detailed accounting report

•  State report card data for dropout recovery schools –  Prohibits ODE from combining data from a

conversion school a district sponsors if a majority of students are enrolled in a dropout recovery program operated by the school


House Bill 2 •  ODE authorization of schools

– Allows ODE to establish a format and deadline for authorization

•  ODE approval of sponsors – Requires any ESC that sponsors a

school to be approved and enter into an agreement with ODE

•  Grandfathered ESCs continue to be exempt


House Bill 2 •  E-schools

–  Requires e-school to periodically, throughout the school year, communicate with each student’s parent or guardian on the student’s performance and progress

–  Must provide opportunities for parent-teacher conferences (in-person or electronically)

–  Allows the e-school to ask the parent or guardian, at the time of enrollment, to estimate the length of time the student will attend the school

•  The school is required to report this information in the aggregate on the school’s annual report


WHAT TO EXPECT


Statehouse Update •  Legislature back in session •  Very little activity in education so far


Senate Bill 3 •  Deregulation of certain requirements

for all school districts and of additional requirements for “qualified school districts”

•  Passed by Senate on March 25, 2015 and currently in the House Education Committee


Senate Bill 3 •  Would remove requirement that the State Board adopt a

measure for the amount of extracurricular services offered to students

•  Would increase the competitive bidding threshold from $25,000 to $50,000 for all districts

•  Would create definition of “qualified school district” –  At least 85% of total possible points on performance index

score –  Grade of “A” for performance indicators met –  Four-year adjusted cohort graduation rate of at least 93% –  Five-year adjusted cohort graduation rate of at least 95% –  Estimate is that approximately 120 districts would qualify


Senate Bill 3 •  Exemptions for “qualified school districts”

–  Providing an experienced teacher with specific qualifications for students retained under the third grade reading guarantee

–  Requirement for teachers to be licensed in grade levels they are teaching (although teacher must have valid license in grade level determined “appropriate” by local board and subject area to be taught)

–  Requirement for teacher to be licensed if individual otherwise qualified based on experience and successful background check (but district must provide mentoring and professional development)

–  Ohio Teacher Residency Program (if local induction program for new teachers)

–  Maximum and minimum class size requirements


Senate Bill 3 •  Other provisions affecting all districts

–  Would qualify an individual for alternative resident educator license even if person has not completed coursework in subject area to be taught (but teacher must complete requirements for renewal of license)

–  Would require School Facilities Commission by 12/31/15 to submit to legislature a proposal whereby school districts that have not received CFAP funding could, upon becoming eligible for assistance, apply for and receive funds “for technology, building expansion, and physical alterations to improve school safety and security”


Other Legislation of Interest •  Inhaler (HB 39, Duffey/ Stinziano) •  CPR (HB 113, Grossman/ Manning) •  Cursive Handwriting (HB 146, Grossman/ Brenner) •  Academic Standards (HB 212, Thompson) •  Academic Standards (SB 163, Jordan) •  School Discipline Policies (SB 34 and SB 136, Tavares) •  Property Tax Complaints (SB 85, Coley) •  License Plates (HB 323, Anielski) •  Tobacco Use/ Possession (HB 221, Ruhl/ Ashford)


Questions?


Contact Us [email protected] [email protected] [email protected]

Documents

Legislative Perspective - Ohio School Boards 2015... · Association of the Central States (ISACS) are exempt from: • High school graduation assessment requirements • End-of-course