Please use the below link to see the legislation currently being tracked by OSPA's Legislative Committee.
On May 10, 2022, OSPA offered testimony in support of HB 454, a bill to repeal the retention requirements under the Third Grade Reading Guarantee. I presented the testimony - written by Melissa Bestgen and myself - before the House Primary & Secondary Education Committee. To see the testimony, click here.
Ohio Alliance for Arts Education
Arts on Line Education Update
October 19, 2015
Joan Platz
LEGISLATIVE UPDATE
•131st Ohio General Assembly: The Ohio Senate and House will hold committee hearings this week, and the Ohio Senate will hold a session. The House and Senate education committees are not meeting this week.
NATIONAL NEWS
•Status of Federal Education Initiatives in Question: Alyson Klein writes for Education Week that the impending departure of Speaker of the House John A. Boehner and Secretary of Education Arne Duncan complicates the prospects for the Obama Administration and Congress to finalize K-12 initiatives over the next year and a half remaining in the 114th Congress. In addition to Speaker Boehner, Republicans are also losing Representative John Kline (R-MN), who has chaired the House Education and Workforce Development Committee for several years, and is the sponsor of one of the two bills being considered to reauthorize the Elementary and Secondary Education Act (ESEA).
The outlook for reauthorizing ESEA and approving pending education regulations is also complicated by other controversial issues facing Congress this term, including raising the debt ceiling and approving allocations for FY16. Alyson Klein reports that the Obama administration is still pushing for increases in the Preschool Development grant (from $250 million to $750 million) and Investing in Innovation (from $120 million to $300 million) and continued funding for Striving Readers ($160 million). However, funding for these programs is not included in the budget allocations bills already approved by the House and Senate along party lines.
See “Leadership Issue Cloud Federal Ed. Policy Picture”, by Alyson Klein, Education Week October 14, 2015 at http://www.edweek.org/ew/articles/2015/10/14/leadership-issues-could-cloud-federal-k-12-picture.html
See “Some Key Education Programs Alive in NCLB Rewrite, But Dead in the Budget,” by Alyson Klein, Education Week,” October 12, 2015 at http://blogs.edweek.org/edweek/campaign-k-12/2015/10/some_key_education_programs_al.html
•Obama Administration Releases FY16 Priority Goals for Education: Shaun Donovan, Director of the U.S. Office of Management and Budget, released on October 8, 2015 the Obama Administration’s final set of Agency Priority Goals. The 92 goals represent the Administration’s commitment to make the federal government more efficient and improve conditions for Americans in housing, health care, homeland security, the environment, education, and more.
The Education Department’s FY16-17 Priority Goals include increasing enrollment in high-quality state preschool programs; student aid transparency; evidence-based decision making; equitable educational opportunities; college degree attainment; effective teachers and leaders; and support for college-career-ready standards and assessments.
•Bill Would Increase Fiscal Oversight for D.C. Charter Schools: The District of Columbia (D.C.) is considering a bill that would allow the Public Charter School Board (PCSB) to access financial records and contracts of school management companies, and better define standards for fiscal management of charter schools to catch abuse. The bill, The Public Charter School Fiscal Transparency Amendment Act of 2015 (B21-0115), would tighten charter school compliance with financial rules, and revoke the charters of schools that do not comply.
According to the testimony of Soumya Bhat, an analyst with the DC Fiscal Policy Institute, charter schools in D.C. serve over 44 percent of public school students, and cost $600 million a year. Although her organization supports the bill, she believes that it could be improved to require that charter schools show how resources are spent, including operating costs and capital costs. She also recommends that all publicly funded institutions “...should be subject to the same levels of scrutiny and oversight, particularly when it comes to public schools.”
See “Testimony of Soumya Bhat, Education Finance and Policy Analyst, DC Fiscal Policy Institute, At the Public Hearing on the Public Charter School Fiscal Transparency Amendment Act of 2015 October 14, 2015” at
http://www.dcfpi.org/wp-content/uploads/2015/10/Charter-School-Transparency-10-14-15.pdf
See “D.C. Considers Crating More Fiscal Oversight for Charter Schools,” by Arianna Prothero, Education Week, October 15, 2015 at
•Charter Schools Spur Real Estate Investments: Peter Grant from the Wall Street Journal writes that as state and local governments funnel more public funds into charter school facilities, real estate investors are increasing investments in charter school development. Some real estate businesses are converting industrial spaces for charter schools or investing in building new facilities. According to the article “During the 2014-15 school year, 500 new public charter schools opened nationwide, for a total of more than 6,700 enrolling about 2.9 million students, according to the National Alliance for Public Charter Schools.”
States are also allowing charter schools to take advantage of certain laws that help finance public schools, including tax exempt bonds, but there is a concern that some charter school real estate developers are more concerned about profits. Charter school proponents counter that the for-profit sector is needed, because resources from non profits and foundations is not enough to support the charter school demand.
See “Charter School Movement Grows--for Real Estate Investors” by Peter Grant, Wall Street Journal, October 13, 2015 at
http://www.wsj.com/articles/charter-school-movement-growsfor-real-estate-investors-1444750383
•STEM Education Act Becomes Law: President Obama signed into law on October 7, 2015 The Science, Technology, Engineering, and Mathematics (STEM) Education Act of 2015 (H.R. 1020).
The law authorizes a number of grants to support STEM schools and research, and requires the National Science Foundation (NSF), to continue to award local grants to support research and development in the field of informal STEM education.
The law also amends the National Science Foundation Authorization Act of 2002, which allows teachers who possess a bachelor’s degree in math and science to earn a NSF Master Teaching Fellowships. Currently the award is limited to those with a master’s degree.
See “STEM Education Act of 2015” at https://www.congress.gov/bill/114th-congress/house-bill/1020
STATE BOARD OF EDUCATION HOLD MEETING:
The State Board of Education, Tom Gunlock president, will meet on October 19 & 20 at the Ohio Department of Education, 25 South Front Street, Columbus.
The State Board of Education includes eleven elected and eight “at-large” members appointed by the governor. The members serve terms of four years, and are limited to two terms.
The State Board’s newest member is Dr. Frank E. Pettigrew, Jr. He replaces Dr. Mark Smith, who resigned in September. Dr. Pettigrew was appointed in September by Governor Kasich to complete Dr. Smith’s “at-large” term, which expires on December 31, 2016. Dr. Pettigrew is the former provost and dean of the college of education at Ashland University, and has also worked at Kent State University, the University of Idaho, and Northwestern University.
Governor Kasich has yet to announce a replacement for Robert Hagen, who resigned from the Board as representative of the 8th State Board District in July 2015.
State Board Schedule for October 19, 2015: The following committees will meet starting at 8:30 AM:
•The Achievement and Graduation Requirements Committee, chaired by C. Todd Jones, will discuss revisions to Rule 3301-41-01, Standards for Issuing an Ohio High School Equivalence Diploma, and receive updates on several other topics. The committee does not list on its agenda a review of “Operating Standards for Identifying and Serving Gifted Students” Rule 3301-51-15. The committee received in September a new draft of the standards, which is still under the “five year review process.” The draft was prepared by the Ohio Department of Education staff.
•The Capacity Committee, chaired by Melanie Bolender, will review the following several bills for passage:
-Rule 3301-30-01, Ohio Department of Youth Services’ Schools
-Rule 3301-53-01, Minimum Standards for Chartering County Board of Developmental Disabilities Special Education Programs
-Rule 3301-53-03, Excess Cost Charges for County Boards of Developmental Disabilities for Special Education Programs
-Rule 3301-55-01, Minimum Standards for Chartering Special Education Programs in State Developmental Centers and Hospitals of the Department of Developmental Disabilities and the Department of Mental Health and Addiction Services
-Rule 3301-24-03, Teacher Education Programs
-Rule 3301-27-07, Provisional License Renewal
-Standards-Based Framework for the Evaluation of Teachers
-Standards-Based Framework for the Evaluation of Principals
The following committees will meet starting at 9:30 AM:
•The Urban and Rural Renewal Committee, chaired by Mary Rose Oakar will discuss the process and criteria for selecting best practices for its website.
•The Accountability Committee will review Rule 3301-56-01 School Improvement; Prepared for Success; ESC rules for high performance; and receive a presentation from the Ohio School Boards Association.
State Board of Education Meeting on October 20, 2015: The State Board of Education will convene its business meeting at 8:30 AM on October 20, 2015. State Superintendent of Public Instruction, Dr. Dick Ross, will brief the State Board on the components of Sub. HB 2 (Dovilla-Roegner); the implementation of the Youngstown Plan (HB70); the federal charter school grant; the work of a panel to develop evaluations for sponsors of charter schools; the third grade reading guarantee; and the state report card’s K-3 literacy measure.
The State Board will take action on the following resolutions at their business meeting on October 20, 2015:
#5. Approve a Resolution of Intent to Amend Rule 3301-30-01 of the Administrative Code, Ohio Department of Youth Services Schools (Volume 2, page 15)
#6. Approve a Resolution of Intent to Amend Rule 3301-53-01 of the Administrative Code, Minimum Standards for Chartering County Boards of Development Disabilities Special Education Schools; Rule 3301-53-03 Excess Cost Charges for County Boards of Development Disabilities for Special Education Programs; and Rule 3301- 55-01, Minimum Standards for Chartering Special Education Programs in State Developmental Centers and Hospitals of the Department of Developmental Disabilities and the Department of Mental Health and Addiction Services (Volume 2, page 18.)
#7. Approve a Resolution to Refile the Proposed Rescission and Adoption of Rule 3301-56-01 of the Administrative Code Regarding School District and Building Improvement, Support, and Intervention. (Volume 2, page 33)
#8. Approve a Resolution to Amend Rule 3301-24-05 of the Administrative Code, Licensure and to Amend Rule 3301-24-14 Licensure and Supplemental Teaching License. (Volume 2, page 36)
#9. Approve a Resolution to Amend Rule 3301-24-11 of the Administrative Code, Alternative Principal License; to Amend Rule 3301-24-16 Senior Professional Educator License, and to Amend 3301-24-17 Lead Professional Educator License. (Volume 2, page 55).
#16. Approve a Resolution to Confirm the Johnstown-Monroe Local School District Board of Education’s Determination of Impractical Transportation of Certain Students Attending Blessed Sacrament School, Licking County, Ohio (Volume 4, page 4)
#17. Approve a Resolution to Confirm the Johnstown-Monroe Local School District Board of Education’s Determination of Impractical Transportation of Certain Students Attending Granville Christian Academy, Licking County, Ohio. (Volume 4, page 22.)
#18. Approve a Resolution to Confirm the Johnstown-Monroe Local School District Board of Education’s Determination of Impractical Transportation of Certain Students Attending St. Francis De Sales School, Licking County, Ohio. (Volume 4, page 23)
#19. Approve a Resolution to Adopt Ohio Standards for Counselors. (Volume 4, page 24)
OHIO NEWS
•New Resources for Voters: Secretary of State Jon Husted announced on October 16, 2015 some new resources to prepare Ohio voters for Election Day on November 3, 2015, and find election information in a one-stop location.
The new “MyOhioVote.com/VoterToolkit” can be used to check voter registration status, find polling locations, view sample ballots, and track absentee ballots by accessing data bases at county boards of elections. The website also includes information to inform voters about key statewide issues.
See http://voterlookup.sos.state.oh.us/voterlookup.aspx
•Youngstown Takeover Can Proceed: Judge Jenifer French, Franklin County Court of Common Pleas, denied on October 13, 2015 a preliminary injunction to block implementation of Sub. HB70 (Brenner-Driehaus), which became law in June 2015 and takes effect on October 14, 2015.
The law was challenged in August by the Youngstown Board of Education, Youngstown Education Association, and other plaintiffs in a lawsuit Youngstown City School District Board of Education v. State of Ohio. The lawsuit alleges that lawmakers violated constitutional provisions requiring that bills receive three readings in each chamber; violated Article VI Section 3 concerning voter determination of boards of education for city school districts; and violated federal and state equal protection rights of voters.
HB70 includes a plan developed by business and community leaders, with the assistance of State Superintendent of Public Instruction Richard Ross, to revamp Youngstown City schools. The plan allows an academic distress commission to select a CEO to operate the school in lieu of the elected board of education.
Development of the “school takeover plan” was kept secret from the public and the State Board of Education, until added to HB70 in the Senate. Lawmakers then approved the bill in both chambers in one day, along party lines.
The plaintiffs immediately appealed the Common Pleas Court decision to the 10th District Court of Appeals to block implementation of the law.
Meanwhile, Senator Joe Schiavoni (D-Boardman) and Representative Michele Lepore-Hagan (D-Youngstown) say they will introduce legislation this week that modifies the Youngstown School plan outlined in HB70. The legislation would require community involvement in the plan, and limit the powers of the CEO.
According to Hannah News Service, the Democratic caucus also plans to launch a tour of schools in Ohio called the “Columbus to the Classroom: Doing our homework on Ohio school.”
See “Youngstown School Board plans appeal of judge’s ruling,” by Denise Dick, Vindy.mobi, October 14, 2015 at
http://www.vindy.com/news/2015/oct/14/youngstown-plan-to-proceed/?mobile
See “Democratic Lawmakers Tout Own Youngstown Plan, Launch Education Tour”, Hannah News Service, October 16, 2015 at
http://www.hannah.com/ShowDocument.aspx?HRID=6632
•Ohio Awarded Gifted and Talented Grant: The U.S. Department of Education announced on October 9, 2015 that 11 states, including Ohio, will share a total of $4 million in grants through the Jacob K. Javits Gifted and Talented Students Education program. The Ohio Department of Education will receive $323,088.
The grants will be used to increase the number of underserved students in gifted and talented programs, including students who are economically disadvantaged, limited in English proficiency, or have a disability. The grants can also be used to support demonstration projects, innovative strategies, and scientifically-based research to enhance the services provided to gifted and talented K-12 students. According to the press release, “The new grants will allow these states to take models that have proven effective on a small scale and expand the programs to multiple schools or districts.”
See “U.S. Department of Education Awards More Than $4 Million to Support Underrepresented Students in Gifted and Talented Programs,” U.S. Department of Education, October 9, 2015 at
FYI ARTS
•Arts Website Launched in Summit County: ArtsNow launched on October 16, 2015 a new website to promote access to the arts, cultural events, artists, and venues in Summit County. The website, www.SummitLive365.com, is one of the first initiatives of ArtsNow, a new nonprofit organization directed by Nicole Mullet.
See “Website one-stop shop for arts”, by Betty Lin Fisher, Akron Beacon Journal, October 15, 2015 at
•Tax to Support the Arts on Cuyahoga County Ballot: Voters in Cuyahoga County will decide on the November 3, 2015 ballot Issue 8, a renewal of a penny-and-a-half sales tax on cigarette sales to support local arts organizations for the next 10 years. The sales tax for the arts was first approved in 2006, but expires on January 21, 2017. Cuyahoga Arts & Culture was created to distribute the revenue from the sales tax, which has provided $125 million to 300 arts and culture organizations in Cuyahoga County. The sales tax currently raises $15 million a year.
See “Cuyahoga Arts and Culture Levy Extension to Appear on the November 3, 2015 Ballot as Issue 8”, Cuyahoga County Council, September 23, 2015 at
•Maryland Schools Embrace Arts Integration: An article in The Washington Post highlights Maryland schools that are incorporating the arts into classroom learning to improve academic achievement, creativity, and motivation. Fifteen schools in Prince George’s County in Maryland piloted an arts-integration program last year under the direction of Superintendent Kevin Maxwell. The program expanded to 41 schools this year, as educators found that integrating the arts helped make the content more meaningful for students, and promoted deeper learning. The arts integration program aligns the arts, including dance, drama/theater, music, and visual art, with math, science, language arts, and social studies classes. Superintendent Maxwell believes that the arts are a way to turn-around the schools in Prince George’s County, which is among the lowest-performing districts in Maryland. Arts integration is also being implemented in schools in Anne Arundel, Frederick, Washington, and Wicomico counties, and in Baltimore.
See “More schools are working to integrate the arts into classroom learning,” by Donna St. George, The Washington Post, October 14, 2015 at
2t0
From: Ann Brennan
HB 2, the long awaited charter school reform bill passed both chambers yesterday and has been sent to the Governor for his signature.
The bill was not "watered" down in the conference committee, as some had anticipated it would be, however they did remove an accountability provision pertaining to reporting truancy data, the legislative leaders indicated this provision needs further study.
The following highlights the main provisions of the bill:
* Requires sponsors to enter into a contract with ODE. Those contracts must specify when the state can revoke sponsoring authority.
* Requires sponsor renewals and sponsor evaluations to be based on academic performance, adherence to quality practices and compliance with law.
* Adds a new, lowest sponsor rating of "poor" to the current ratings of exemplary, effective and ineffective.
* Prohibits sponsors rated "ineffective" from sponsoring additional schools and strips a sponsor of its schools for three "ineffective" ratings.
* Revokes the authority of a sponsor rated " poor".
* Provides incentives for sponsors rated "exemplary" for two consecutive years, including contract flexibility.
* Prohibits a sponsor from selling goods or services to its schools unless the sponsor is a school district.
* Clarifies a sponsor's duties in oversight of a school and requires public disclosure of how sponsors are spending taxpayer money they receive in fees.
* Prohibits a low-performing charter school from changing sponsors unless it finds an "effective" or better sponsor, provided it has not requested to switch before and is granted state approval.
* Strengthens the state's ability to deny direct sponsorship of a school and eliminates the appeal process of a denied school.
* Eliminates an operator's ability to appeal when fired by a charter school.
* Specifies that a charter board, not the operator, adopts the budget.
* Specifies that furniture and equipment belongs to the school , not the operator.
* Reduces the maximum pay for school board members from $425 per meeting to $125.
* Requires school officials to take annual public records and open meetings training.
* Requires operators to provide a more detailed accounting of expenses.
* Requires ODE to publish a directory of operators and an annual report on operator performance.
* Ensures that e-schools are keeping accurate records of student participation.
* Requires e-schools to offer to meet with parents when a student is failing.
(LSC analysis and the Columbus Dispatch article were used as a resource in this summary)
UPDATE TO THE LEGISLATIVE UPDATE : As of July 2, 2015
1) Highlights of Sub. HB64: Last week the HB64 (Smith) Conference Committee finalized a new version of the biennial budget bill, and the House and Senate concurred with the changes in the bill.
HB64 allocates $7.605 billion in FY16 and $7.925 billion in FY17 to the Ohio Department of Education through the General Revenue Fund. Total GRF for the Ohio Department of Education is $15.525 for the biennium. This includes $13 billion for Foundation Funding Line Item 200550, and about $2.1 billion in Lottery Profits.
The Legislative Service Commission has prepared a comparison document with the Executive, House, Senate, and Conference Committee versions of HB64. The following highlights of the bill are prepared from that document at http://www.lsc.ohio.gov/fiscal/comparedoc131/cc/default.htm.
Summary of the Provisions for Primary and Secondary Education Included in Sub. HB64 (Smith) Biennial Budget
•Section 3317 and 263.230 Traditional school district funding: Increases the dollar amount used for calculating the opportunity grant (the formula amount) to $5,900 in FY16 and $6,000 in FY17 (from $5,800 for FY15)
-Increases the dollar amounts for special education categories 1-6.
-Increases the dollar amounts for the K-3 literacy component.
-Maintains the dollar amount for economically disadvantaged funds from FY15 ($272) for both years of the biennium.
-Maintains the dollar amounts for the three categories of limited English proficient students from FY15 for both years of the biennium.
-Maintains the dollar amounts for gifted identification funds ($5.05) and for each gifted unit ($37,370) from FY15 for both years of the biennium.
-Increases the dollar amounts for career- technical education categories 1-5.
-Increases the dollar amount for career-technical education associated services to $236 in FY16 and $246 in FY17 (from $227 for FY15).
–Applies the capacity measure only to the calculation of certain school district tangible personal property tax replacement payments.
-Specifies “average valuation” as a three-year average of total taxable valuation for tax years 2012 through 2014 for all districts.
-Uses a district’s median Ohio adjusted gross income for tax year 2013 and incorporates an average income measure in the computation of a district’s income index, which is equal to 0.5 times (the district’s median Ohio adjusted gross income divided by the median district’s median Ohio adjusted gross income) plus 0.5 times (the district’s three-year average federal adjusted gross income per pupil divided by the statewide average per pupil.
-Makes changes to the current wealth index and calculates the state share index in a manner similar to current law.
-Makes changes for calculating targeted assistance.
-Provides an additional payment of capacity aid funds to school districts based on how much one mill of taxation will raise in revenue.
-Eliminates the Senate’s technology supplement.
-Provides a graduation bonus equal to a district’s four-year graduation rate times 7.5 percent of the formula amount ($443 in FY16 and $450 in FY17) and multiples the calculation by the state share index.
-Provides a third grade reading bonus equal to a district’s third grade reading proficiency rate times 7.5 percent of the formula amount times the number of students scoring proficient or higher times the district’s state share index.
-Guarantees that each school district receives at least the same amount of state aid in FY16 and FY17 as was received in FY15, but exempts career-technical education and career-technical education associated services funds from the guarantee in FY17, and adjusts the transitional aid guarantee base in FY17 by removing such funds for FY16.
-Limits foundation funding to 1.075 times the district’s state aid in the prior year, but exempts capacity aid, the transportation supplement, the graduation bonus, and the third grade reading bonus from the cap in both FY16 and FY17, and career-technical education and career- technical education associated services funds from the cap in FY17, and adjusts the cap base in FY17 by removing career- technical education and career-technical education associated services funds for FY16.
-Guarantees that each school district will receive at least 20 percent of the formula amount for each pupil, subject to a phase-in of 15 percent in FY16 and 25 percent in FY17 (the calculation for this payment is made after a district’s guarantee and limit in aggregate operating funding are determined). (GOVERNOR VETOED THIS PROVISION)
-Clarifies that, in any given fiscal year, prior to school districts submitting the first required student enrollment report for that year at the end of October, enrollment for the districts must be calculated based on the third report submitted by the districts for the previous fiscal year (the report submitted at the end of June).
•Section 3314.08 and 3326.33 Community and STEM school funding: Retains the overall structure of the formula to calculate per pupil deductions from school districts and transfers to community and STEM schools. Calculates the per pupil deductions for the opportunity grant, special education additional aid, economically disadvantaged funds, limited English proficiency funds, and career- technical education funds using the same dollar amounts as traditional school districts for FY16 and FY17, and calculates the per pupil deduction for K-3 literacy funds using dollar amounts of $305 in FY16 and $320 in FY17 (amounts that are equal to the sum of the dollar amounts used in calculating K-3 literacy funds for traditional districts).
-Provides community schools and STEM schools with performance bonus payments related to four-year graduation rates, and community schools with performance bonus payments for third grade reading proficiency, both of which are paid directly by the state, but changes the calculation. The bonus payments are estimated at $2.8 million in FY16 and $3 million in FY17.
•Section 3317.0212 Pupil Transportation Funding: Decreases the minimum state share applied to a district’s calculated transportation cost from 60 percent to 50 percent.
-Provides a transportation supplement for low density school districts.
-Allocates $489 million in FY16 and $512.4 million in FY17 for transportation, including $17.9 million in FY16 and $32.8 million in FY17 for the transportation supplement.
•Section 263.325 School District TPP Supplement: Pays supplemental foundation aid to guarantee districts do not receive less funding in each fiscal year than their combined funding from state foundation aid and tangible personal property fixed rate operating reimbursements for FY15. Excludes career-technical education funds from the calculation of the supplement in FY 17 (these funds are moved outside of the guarantee and cap in the main school funding formula in FY17).
-Requires the Director of Budget and Management to transfer $12 million cash each fiscal year from the GRF to the School District TPP Supplement Fund (Fund 5RE0).
-Appropriates $38 million in FY16 and $66.03 million in FY17 for School District TPP Supplement payments. (THE GOVERNOR VETOED THIS FUNDING ALLOCATION FOR DISTRICTS For FY 17)
•Section 263.390 Educational Service Centers Funding: Increases the per pupil payment amount for ESCs to $33 in FY16. Increases the per-pupil payment amount for non-high-performing ESCs to $33 in FY17, and postpones the date by which the State Board must adopt rules governing the distribution of state funds to ESCs for FY17 to December 31, 2015. Earmarks $37.95 million for ESCs in FY16.
•Section 263.560 School Transportation Joint Task Force: Creates the School Transportation Joint Task Force consisting of members appointed equally by the Speaker of the House and by the President of the Senate, and requires it to study the appropriate transportation funding formula and relationship, duties, and responsibilities between school districts, community schools, and nonpublic schools regarding student transportation and submit a report to the General Assembly by February 1, 2016.
•Section 3310.09 Ed Choice Scholarship Amount: Increases the maximum scholarship amount for a high school student to $5,900 in FY16 and $6,000 in FY17 and thereafter. Increases the maximum amount of a scholarship that may be awarded to an elementary school student from $4,250 to $4,650.
•Sections 3310.41 and 3310.56 Autism and Jon Peterson Special Needs Scholarship Program: Increases the maximum amount of a scholarship awarded under the Autism Scholarship Program to $27,000 (from $20,000 under current law). Increases the maximum amount of a scholarship awarded under the Jon Peterson Special Needs Scholarship Program to $27,000 (from $20,000 under current law). Based on the number of students receiving scholarships in FY15, deductions for all school districts could increase by as much as $22.1 million in fiscal year 2016 and $22.2 million in fiscal year 2017. Higher scholarship amounts may also increase participation, thereby increasing deductions from school district aid.
•Section 3313.975 Cleveland Scholarship Limit: Removes the limitation on the number of Cleveland pilot project scholarships that may be awarded to students who were already enrolled in a nonpublic school when the students applied for the scholarship. (The current limit is 50 percent of all Cleveland Pilot Program scholarships awarded.)
•Section 3313.976 Qualification of private schools for the Cleveland Scholarship Program: Allows certain private secondary schools, that are not located in Cleveland, to participate in the Cleveland Scholarship Program.
•Sections 145.012, 3307.01, 3307.011, 3309.01, 3309.011, 3309.013, and 3314.075. STRS and SERS membership and community school operators: Removes this provision.
•Section 3313.411 Community School Property: Prohibits community schools and college-preparatory boarding schools that have purchased unused school district real property, under the current provision requiring a district to offer such property to those schools, from selling that property for 5 years, unless the property is sold to another community school or college-preparatory boarding school located in the district. Also requires boards of education to offer unused school facilities first to high performing community schools.
•Section 3314.02 Definition of an e-school: Changes the definition of “internet-or computer-based” community school to assure inclusion of a community school that offers career-technical education even if that instruction provides some classroom-based instruction.
•Section 3314.091 Transportation of Students: Clarifies that payments made to a community school for transporting students be calculated “on a per rider basis.” Makes other changes. Clarifies that a community school may determine that it is impractical to transport certain pupils.
•Section 3314.50 Community school surety bond: Eliminates the Senate provision that permitted a written guarantee of payment by a community school of audits conducted by the Auditor of State in lieu of a surety bond or cash payment.
•Section 263.660 Community school sponsor: Requires the Department of Education, not later than July 1, 2016, to submit and present to the House and Senate Education Committees a plan that proposes the expansion of the Department’s authority to directly authorize community schools and recommendations for a ratings rubric for community school sponsor evaluations. (Lawmakers are interested in implementing a plan to evaluate community school sponsors used in California.)
•Sections 5705.21 and 5705.212 Community School Tax Levies: Expands the authority of school districts to levy property taxes for community schools to include any school district that contains a community school sponsored by an “exemplary” sponsor. (Under current law, only the Cleveland Metropolitan School District and the Columbus City School District have the authority to propose such a levy.)
-Authorizes school districts other than the Cleveland Metropolitan School District to levy a property tax solely for and on behalf of one or more community schools located in the district that is sponsored by an “exemplary” sponsor. (Current law does not cap the percentage of levy revenue that may be allocated to community schools, but could imply that at least a portion must be levied for the school district’s own expenses.)
-Retains the authority of the Cleveland Metropolitan School District to levy a property tax to be shared with certain community schools, but removes the criteria that was enacted specifically to enable the Columbus City School District to levy such a tax.
-Makes other changes in the law.
•Section 263.590 Gifted community school feasibility analysis: Restores a House provision that requires the ODE in conjunction with an Ohio educational service center association and an Ohio gifted children association, to complete and submit to the chairpersons of the House and Senate education and finance committees, and subcommittees, a feasibility analysis of the establishment of 16 regional community schools for gifted children throughout the state.
•Section 3319.22 Educator licenses and pupil activity program permits: Requires the State Board by July 1, 2016 to adopt rules exempting consistently high performing teachers from certain requirements for educator license renewal in accordance with the Administrative Procedure Act. Exempts consistently high performing teachers from the requirement to complete any additional coursework for the renewal of an educator license. Defines consistently high performing teacher.
•Section 3319.67 Teacher of the Year Program: Permits the State Board of Education to establish an annual Teacher of the Year recognition program for outstanding teachers.
•Section 3319.113 and 3319.61 Student Career Counseling: Requires that the Educator Standards Board develop standards for school counselors; requires the State Board of Education to develop and adopt an evaluation for school counselors; requires boards of education to adopt and evaluate school counselors based on standards; requires each school district to include procedures for implementing the evaluation framework beginning in the 2016-17 school year; requires school districts to submit a report to the ODE regarding the implementation of the evaluation policy.
•Section 3319.114, 263.630 and 263.650 Teacher and Principal Evaluations: Revises the alternative teacher evaluation and principal evaluation frameworks as follows:
-Decreases the student academic growth measure to account for 35 percent of an evaluation instead of 42.5 percent to 50 percent;
-Requires the teacher performance measure to account for 50 percent of an evaluation, instead of 42.5 percent to 50 percent;
-Specifies that the remaining 15 percent of each evaluation be one or a combination of student surveys, teacher self-evaluations, peer reviews, student portfolios, and any other component determined appropriate by the district or school rather than only one the options listed.
-Permits, instead of requires, each district or school to use instruments approved by ODE for the remaining 15 percent of each evaluation.
-Replaces the House provision with a provision that prohibits districts and schools from using value-added ratings from the 2014-2015 and 2015-2016 school years for evaluations or employment decisions, unless the district or school collectively agrees with its teachers or principals to use them.
-Repeals the current law provision related to the 2014- 2015 school year. Requires ODE to request a waiver for the federal No Child Left Behind Act to account for this prohibition.
-Requires that evaluations be based solely on performance if a value-added rating applies and no other measure of student academic growth is available.
•Section 3319.223 Ohio Teacher Residency Program: Allows any teacher to mentor candidates of the Teacher Residency Program during the first two years of the program.
-Modifies the required counseling component of the program by specifying that the district or school must determine if counseling is necessary.
-Specifies that one of the required measures of progression through the program must be the performance-based assessment required by the State Board for resident educators in the third year of the program.
-Specifies that a career-technical education instructor teaching under an alternative resident educator license may not be required to complete the conditions of the first two years of the Ohio Teacher Residency Program, and may apply for a professional educator license after successful completion of the requirements of the last two years of that Program, as it existed prior to the effective date of this provision.
•Section 3319.271 Bright New Leaders for Ohio Schools Program: Requires the State Board of Education to issue an alternative principal license or an alternative administrator license, as applicable, to an individual who successfully completes the Bright New Leaders for Ohio Schools Program and satisfies rules adopted by the State Board. Appropriates up to $2 million in each fiscal year for the program through an earmark of GRF appropriation item 200550, Foundation Funding.
-Removes the requirement that the articles of incorporation for the nonprofit corporation that created and implements the Bright New Leaders for Ohio Schools Program include a provision that requires The Ohio State University Fisher College of Business to serve as fiscal agent for the corporation.
•Section 263.20 Early Childhood Education: Makes a variety of changes in law regarding early childhood education programs. The bill appropriates $60.3 million in FY16 and $70.3 million in FY17 to GRF appropriation item 200408 for the program, including an earmark of 2 percent for ODE’s administrative costs
•Sections 3301.0711, 3310.03, 3310.14, 3313.612, 3313.619 Exemption from end of course exams for chartered nonpublic school students: Exempts students enrolled in a chartered nonpublic school that is accredited through the Independent School Association of the Central States (ISACS) from the state high school graduation assessment requirements and the requirement to take the high school end-of-course exams, unless the student is attending the school under a state scholarship program.
-Eliminates a provision that delays until October 1, 2015, an exemption from high school end of course exams for nonscholarship students attending a chartered nonpublic school that publishes the results of the college and career readiness assessments.
-Creates an additional pathway for high school graduation for students enrolled in a chartered nonpublic school that is not accredited through ISACS if a student attains a designated score on an alternative assessment approved by ODE and selected by the student’s school.
-Requires ODE to designate passing scores on approved assessments.
•Sections 263.283, 263.620, and 610.17 State achievement assessments: Prohibits GRF appropriations from being used to purchase an assessment developed by the Partnership for Assessment of Readiness for College and Careers (PARCC) for use as the state elementary and secondary achievement assessments.
-Prohibits federal Race to the Top program funds from being used for any purpose related to the state elementary and secondary achievement assessments.
-Requires the Superintendent to verify, within 30 days after the bill’s effective date, that the state elementary and secondary achievement assessments that are administered in the 2015-2016 school year will be administered once each year, not over multiple testing windows, and in the second half of the school year, and the length of those assessments will be reduced as compared to the assessments that were administered in the 2014-2015 school year, “in order to provide more time for classroom instruction and less disruption in student learning.”
-Specifies that the restriction on state assessments being administered in the second half of a school year does not apply to a high school end-of-course exam for a course that was completed during the first semester of the school year.
-Requires, if the 2015-2016 state achievement assessments do not meet the conditions described above, the Superintendent to take the steps necessary to find and contract with one or more entities to develop and provide assessments that meet the prescribed conditions.
-Establishes deadlines for testing results to be returned to school districts.
•Section 3302.02 State report card measures: Requires the State Board of Education to adopt rules to establish proficiency percentages to meet each report card indicator that is based on a state assessment. (Under current law, adopting rules to establish such measures for the 2014-2015 school year and each school year thereafter is optional for the State Board.)
•Sections 263.620, 263.640, and 690.10 Safe Harbor Provision: Changes the school year by which overall letter grades on the state report card must be first issued from the 2015-2016 school year, as under current law, to the 2016-201 school year.
-Extends by two years (through the 2016- 2017 school year) the following safe harbor provisions in effect for only the 2014-2015 school year.
-Authorizes ODE, at the discretion of the State Board, to not assign an individual grade to each component that comprises the state report card.
-Prohibits ODE from ranking school districts and schools based on operating expenditures, performance achievements, and other specified items.
-Prohibits the report card ratings from being used to determine Educational Choice Scholarship Program eligibility, community school closure, academic distress commissions, and other prescribed provisions.
-Extends by two years (through the 2015-2016 school year) a provision in effect for only the 2014-2015 school year that prohibits a district or school from utilizing a student’s score on any elementary-level state assessment or high school end-of- course exam as a factor in any decision to retain the student, promote the student to a higher grade level, or grant course credit.
-Requires each school district, community school, and STEM school to report to ODE the number of students who did not take a state achievement assessment that was administered in the 2014-2015 school year and who was not excused from taking the assessment, and to report that number as a whole and as a percentage.
•Section 3302.03 High School Measure: Permits rather than requires the ODE to develop a high school measure of student academic progress. Prohibits, if the measure is developed, a grade being assigned for it sooner than the 2017-2018 school year, and it ever being included in the overall letter grade.
•Section 3313.534 Zero Tolerance: Eliminates Senate provisions related to updating zero tolerance policies.
•Sections 263.530-263.540 Statewide plan on subject area competency: Requires the State Board of Education, not later than December 31, 2015, to update its statewide plan regarding methods for students to earn high school credit based on the demonstration of subject area competency to also include methods for students enrolled in 7th and 8th grade to meet curriculum requirements based on such competency. Requires school districts and community schools, beginning with the 2017-2018 school year, to comply with the updated plan, and to permit students enrolled in 7th and 8th grade to meet curriculum requirements accordingly.
•Sections 3313.608, Section 263.550 Administration of the reading diagnostic assessment: Requires the reading skills assessments administered annually under the Third Grade Reading Guarantee to be completed by September 30, and the kindergarten assessment to be completed by November 1st.
•Section 3313.614 Graduation Pathways: Designates three pathways to earn a diploma: score at “remediation-free” levels in English, math, and reading on nationally standardized assessments, attain a cumulative passing score on the end-of-course examinations, or attain a passing score on a nationally recognized job skills assessment and obtain either an industry-recognized credential or a state agency or board-issued license for practice in a specific vocation. (Current law requires such students to pass all areas of the Ohio Graduation Tests in order to graduate from high school.)
-Makes eligible for high school graduation an individual who entered the ninth grade for the first time prior to July 1, 2014, and who has not passed all areas of the Ohio Graduation Tests, if the person meets a combined graduation requirement established by rules adopted by the State Board of Education. Requires the State Board to adopt such rules by December 31, 2015.
•Section 3313.617 GED: Makes a variety changes in the requirements for earning a GED.
•Section 3313.619 Diplomas for home-schooled and non chartered nonpublic school students: Specifies that a person who has completed the final year of instruction at home and has successfully fulfilled the high school curriculum applicable to that person may be granted a high school diploma by the person’s parent, guardian, or other person having charge or care of the person.
-Requires, beginning July 1, 2015, that a home schooled student’s diploma include either: a certification signed by the superintendent of the student’s district of residence that the student and student’s parent have fully complied with the requirements of state home instruction law or the official letter of excuse issued by the district superintendent for the student’s final year of home education.
-Requires the district superintendent to sign any diploma presented to the superintendent if the student and parent have complied with the requirements of state home instruction law.
-Specifies that a person who has graduated from a nonchartered nonpublic school in Ohio and who has successfully fulfilled that school’s high school curriculum may be granted a high school diploma by the governing authority of that school.
-Specifies that a diploma granted under these provisions serves as proof of the successful completion of that person’s applicable high school curriculum and is satisfactory to fulfill any legal requirement to show proof of graduation.
-Requires that, for the purposes of an application for employment, a diploma granted under these provisions be considered proof of completion of a high school education, regardless of whether the person to which the diploma was granted took any of the state high school achievement assessments.
•Section 3313.902 Adult Diploma Pilot Program: Makes changes to the Adult Career Opportunity Pilot Program and renames it the Adult Diploma Pilot Program. Appropriates $3.75 million in FY16 and $5 million FY17.
•Sections 314.38, 3317.01, 3317.036, 3317.23, 3317.231, 3317.24, 3345.86 High school diploma programs for those age 22 and older: Modifies the program in current law and earmarks $1.25 million in each fiscal year for payments to education entities for serving students in the program.
•Section 3319.323 School District Records: Prohibits a school district or school from altering, truncating, or redacting any part of a student’s record so that any information on the record is rendered unreadable or unintelligible during the course of transferring that record to an educational institution for a legitimate educational purpose.
•Section 263.350 Straight A Program: Allocates $15 million in each fiscal year to support the program from the DPF Fund 5RBO Line Item 200644 for grants. This is a reduction from the $181.5 million requested in the Executive Budget.
•Section 610.17 Online administration of assessments Senate: Amends H.B. 487 of the 130th G.A. to extend for one year (through the 2015-2016 school year), the current prohibition in effect for the 2014-2015 school year only that prohibits school districts and schools from being required to administer the state achievement assessments in an online format, permits a district or school to administer such assessments in any combination of online and paper formats at the discretion of the district board or school governing authority, and requires ODE to furnish, free of charge, all required state assessments for the school year. Specifies that school districts and schools are encouraged to administer the assessments in an online format.
•Section 263.490 Ranking school districts and schools: Temporarily, for the 2014-2015 school year only, prohibits ODE from ranking school districts, community schools, and STEM schools according to academic performance measures.
-Extends until January 31, 2016, the deadline for ODE to rank districts, community schools, and STEM schools according to expenditures for the 2014-2015 school year.
•Sections 263.510, 263.520 Deadlines related to the report cards: Extends the deadline for the 2014-2015 state report card from September 15, 2015, to January 15, 2016.
-Extends until January 31, 2016, the deadline for the Department of Education’s reports regarding students with disabilities for the 2014-2015 school year.
•Section 263.40 Alternative education programs: Earmarks $500,000 each fiscal year for Jobs for Ohio’s Graduates; earmarks $1.25 million in each fiscal year for students ages 22 and above who enroll to earn a high school diploma; and earmarks $350,000 in each fiscal year to create a clearinghouse for the identification and intervention for at-risk students;
•Section 263.220 Foundation funding: Allocates $3.8 million in each fiscal year to fund gifted education units at ESCs; allocates $37.95 million in FY16 and $41.4 million in FY17 for ESCs; allocates up to $29.9 million in FY16 and up to $38 million in FY17 for school choice programs; allocates up to $11.9 million in each fiscal year to the Cleveland School District for the school choice program; allocates $500,000 each fiscal year for the College Credit Plus Program for home-instructed students; allocates $150,000 in each fiscal year to support programming at the Cleveland Museum of Natural History; allocates $930,000 in FY16 and $2 million in FY17 for the establishment of academic distress commissions.
•Section 263.340 Straight A Fund/College Credit Plus Credential: Earmarks $5 million in FY16 for the DPF Fund 5RBO line item 200644 Straight A Fund. Earmarks $5 million in FY16 for competitive grants to universities for teachers to become credentialed for college credit plus courses. Earmarks $2 million in FY16 to the Ohio-West Virginia Youth Leadership Association for the development of The Cave Lake Center for Community; Earmarks $250,000 in FY16 to the We Can Code IT organization in Cleveland to support programming.
•Section 263,330 Community School Facilities: Allocates $150 per equivalent pupil in each fiscal year for facilities related costs for brick and mortar community schools, and $25 per pupil for internet- or computer-based community schools.
•Section 263.360 Lottery Profits Education Reserve Fund: Creates the Lottery Profits Education Reserve Fund (Fund 7018). Permits the OBM Director to transfer cash from Fund 7018 to the Lottery Profits Education Fund (Fund 7017) in both fiscal years.
-Section 263-330 Lottery Profits Education Fund: Specifies that SLF Fund 7017 appropriation item 200612, Foundation Funding, be used in conjunction with GRF appropriation item 200550, Foundation Funding, to provide formula aid payments to school districts. Requires ODE, with the approval of the Director of Budget and Management, to determine the monthly distribution schedules of items 200550 and 200612.
-Section 512.70 Medicaid Reserve Fund Balance: Requires the OBM Director to transfer from the Medicaid Reserve Fund $72 million to the School District TPP Supplement Fund (5REO) used by the Department of Education.
•Sections 321.24, 4909.161, 5705.34, 5709.92, 5709.93, 5727.031, 5727.06, 5727.11, 5727.111, 5727.15, and 5727.75, 5727.94 and 5727.09; Section 375.10 Repeal of tax on electric company generation property: Exempts electric company generation, and “other” tangible personal property that is not transmission and distribution (“T&D”) property or energy conversion equipment, from property taxation. (Under current law, the assessment rate for such property is 24 percent.) Preserves the current tax treatment of rural electric companies’ generation property. Holds local governments harmless for the loss in property tax revenue. Reimbursements will be made from the Production Equipment Property Tax Replacement Fund (Fund 7102). May increase electric utility rates for ratepayers.
-Makes adjustments to eliminate the effects of the resulting property value increases and decreases under the school funding formula, and changes how taxing units are compensated.
•Sections 5709.92, 5727.84, 5727.85, 5751.20, and 5751.21 Tangible personal property tax replacement payments - schools: Beginning in FY16, resumes the phaseout of the state’s payments to school districts that partly reimburse districts for the loss of general business and public utility tangible personal property (TPP) tax revenue based on a district’s combined general business and utility property tax replacement payments in FY15.
-Prescribes different phase-out schedules for different classes of tax levies.
-Appropriates from the Property Tax Replacement Phase Out - Education (Fund 7047) $361.8 million for FY16 and $251.6 million in FY17 for TPP reimbursement payments for school districts and JVSDs
•Section 718.04 Municipal income tax sharing with school districts: Allows a municipal corporation that shares at least 70 percent of its territory with a school district to enter into an agreement to share municipal income tax revenue with the school district, provided that a portion of the remaining 30 percent of school district territory lay within another municipal corporation with a population of 400,000 or more. (The only municipality in Ohio with a population over 400,000 is Columbus; therefore, this provision is only applicable to those municipal corporations adjacent to Columbus.)
.High Performing School District Exemptions: These exemptions from class size and teacher licensure standards and laws were not included in the final conference committee accepted version of the bill.
SUMMARY OF EDUCATION RELATED PROVISIONS VETOES BY THE GOVERNOR:
According to the July 1, 2015 Gongwer Report, among the 44 items Gov. John Kasich vetoed in the two-year spending bill were guarantees that districts receive at least 20% of the per pupil formula amount and that schools would be held harmless from the phase out of TPP replacement funds that will be eliminated during the budget cycle.
The former guarantee (nearly $95 million in funding) would have been applied to wealthier school districts that receive a small percentage of per-pupil funding through the formula because they have high property values, income and taxing capacity.
Legislators and school district representatives have long argued that those districts should get at least a minimum per pupil payment that private schools receive which is about $1,200 per student or 20% of maximum per pupil payment under the funding formula. Gov. Kasich said in his veto message that "funding guarantees undermine the formula by limiting its ability to direct funds to districts that need them most."
"By carving out a special payment to some of the richest districts in the state - at a time when other districts are seeing funding withheld due to legally imposed caps on their funding growth - a guaranteed minimum per-pupil payment is not the best use of state resources," he wrote.
The governor also vetoed $78.3 million in payments to districts that were expected to receive less funding as a result of decreased foundation aid and TPP replacement payments combined in Fiscal Years 2016-17.
"The proposed TPP supplement payments, like the TPP reimbursement payments, are predominantly paid to districts with higher local capacity to raise revenue to support their schools. Therefore, this guarantee provision diverts resources that could be targeted to lower capacity school districts and circumvents original intent of the law to limit the reimbursement payment so that they were both declining and temporary," according to the veto explanation.
The veto only applies to the second year of the biennium and maintains the first year of replacement payments "to recognize concerns that districts receiving TPP payment need more time to prepare for this decline in these payments," Gov. Kasich said.
2) PARRC ASSESSEMENTS WILL NO LONGER BE USED:
State Superintendent Richard Ross announced on July 1, 2015 that Ohio will no longer administer the PARRC assessments but instead will contract with the AIR (American Institutes for Research) to develop new assessments in English/language arts and math. AIR currently provides the Ohio science and social studies assessments.
3) House Fails to Take Action on Sub. HB2 - Charter School Reforms
After months of hearings and stakeholder involvement on charter school reform bills in the Ohio House and Senate, the Ohio House took no action this week on Sub. HB2 (Dovilla/Roegner), even after the Ohio Senate approved the bill unanimously on June 25, 2015. The Senate amended the bill to include SB148 (Lehner/Sawyer), a bipartisan bill that incorporates some of the recommendations to strengthen charter school accountability proposed by stakeholders and State Auditor David Yost. The House could take action on the bill in September.
See LSC report on HB2 at https://www.legislature.ohio.gov/legislation/legislation-documents?id=GA131-HB-2
Submitted by Ann Brennan/ 7-2-15
Parts excerpted from OAAE Update
