FROM: Ann Brennan

FYI: Important update, note the update on the Senate passed HB 487 (MBE education), including all of the amendments added to it in the Senate Education Committee.

May 26, 2014

1) Ohio News

•130th Ohio General Assembly: The Ohio House and Senate will hold hearings and sessions this week.

Last week the Senate approved several Mid Biennial Review Bills (MBR), but the House refused to concur with the Senate changes for some, sending HB483 (Amstutz) MBR-Operations and HB487 (Brenner) MBR Education, into conference committees. Lawmakers still anticipate completing legislative activity and adjourning for the summer campaign trail once the conference committees have completed their work.

A more detailed look at HB483 and HB487 is included at the end of this report.

•Governor Appoints Another State Board Member: Governor Kasich announced on May 23, 2013 the appointment of Melanie Bolender of Mount Vernon to the State Board of Education to replace Stanley Jackson, who was not reappointed upon the end of his term. Ms. Bolender is the director of development for the Ohio Eastern Star Home. Her term expires on December 31, 2016.

The State Board of Education consists of 11 elected members and 8 members appointed by the governor. The governor also appoints members to fill empty seats, and with the resignation of Jeff Mims in December 2013, Governor Kasich has one more appointment to make to bring the board to full membership.

•This Week at the Statehouse:

-Senate Education Committee: The Senate Education Committee, chaired by Senator Lehner, will meet on May 27, 2014 at 1:30 PM, in the South Hearing Room, and on May 28, 2014 at 4:00 PM in the South Hearing Room. The committee will receive testimony on the following bills:

May 27, 2014
-HB171 (McClain/Patmon) Released time Courses-Religious Instruction
-HB193 (Brenner) High School Diploma Requirements
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

May 28, 2014
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

-House Education Committee: The House Education Committee, chaired by Representative Stebelton, will meet on May 28, 2014 at 9:00 AM in Hearing Room 313. The committee will receive testimony on the following bills:
-HB470 (Barnes) School Bullying Prevention Awareness Act
-HB454 (Gonzales) Concealed Carry-School Safety Zone

-Straight A Fund: The Straight A Fund Governing Board will meet on May 27, 2014 at 9:00 AM in the Ohio Department of Education, 25 South Front Street, Columbus.

2) Update on Legislation: Last week the Ohio House and Senate approved and exchanged several bills as lawmakers worked to complete their legislative agenda before the summer recess. The following is an update of Senate and House actions on legislation related to K-12 education.

•Senate Action

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Approved.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments. Approved.

-HB492 (Scherer) MBR Taxation: Provides authorization and conditions for the levy and administration of taxes in this state. Informally Passed May 22, 2014. Approved.

•Senate Finance Committee

-HB486 (Baker/Stebelton) MBR Workforce and Economic Development Programs: To establish the adult career opportunity pilot program; to revise the coordination of workforce development and economic development programs; to synchronize the due dates of several reports due from the Development Services Agency, the Ohio Venture Capital Authority, and the Third Frontier Commission; to revise the law regarding innovation financial assistance and research and development financial assistance; and to permit the Director of Commerce, the State Fire Marshal, and the Ohio Construction Industry Licensing Board to establish compliance incentive programs. Reported on May 20, 2014.

•House Action

-HB484 (Rosenberger-Brown), MBR Higher Education: With respect to the coordination and administration of higher education programs. The Ohio House concurred with Senate Amendments by a vote of 88-0 on May 21, 2014.

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Failed to concur with Senate amendments.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments.

House Education Committee

-HB460 (Brenner/Driehaus) School Restructuring: Authorizes school districts and community schools to initiate a community learning process to assist and guide school restructuring. Reported on May 21, 2014.

3) National News

•GAO Probe Sought by Lawmakers: Three Congressmen have requested that the Government Accountability Office (GAO) investigate school district practices and how they impact racial and socioeconomic integration and student outcomes. The lawmakers include Representatives George Miller (D-CA), John Conyers (D-MI), and Robert Scott (D-VA). In a May 16, 2014 letter to Gene L. Dodaro, Comptroller General at the GAO, the lawmakers noted their concern that “inequity persists in public education and more must be done to fully realize the promise of Brown”, referring to the 60th anniversary of the Supreme Court decision in Brown v. Board of Education. The letter is available at
http://democrats.edworkforce.house.gov/sites/democrats.edworkforce.house.gov/files/documents/5.16.14-GAORequestreBrown.pdf

•Senators Draft Federal Student Privacy Law: Benjamin Herold reports on May 14, 2014 for Education Weeks’ Digital Education Blog that Senators Edward Markey and Orrin Hatch released a draft bill to amend the Family Educational Rights and Privacy Act (FERPA) of 1974. The amendment would do the following:

-Mandate new data-security safeguards for private companies
-Prohibit the use of personally identifiable student information for advertising
-Provide parents with the right to access and amend their children’s information
-Require districts to maintain a record of all the outside companies that have access to student information
-Promote “data minimization,” by seeking to meet data requests with non-personally identifiable information wherever possible; and
-Require that all personally identifiable information held by outside parties eventually be destroyed in order to prevent private companies from maintaining permanent dossiers on students.

In December 2011 the U.S. Department of Education issued new FERPA regulations that allowed educational institutions and agencies to disclose student personally identifiable information to third parties without first obtaining the consent of students or parents. Senator Markey requested that the U.S. DOE issue guidelines about how schools should protect the privacy of students. Such guidelines were issued in February 2014, but include exceptions to FERPA for directory information, school officials, studies, and audits or evaluations.

See “Draft Overhaul of Federal Student Privacy Law Released by U.S. Senators Markey, Hatch” by Benjamin Herold, Education Week, Digital Blog, May 14, 2014
http://blogs.edweek.org/edweek/DigitalEducation/2014/05/draft_overhaul_of_federal_stud.html

See also “Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices”, U.S. DOE, April 1, 2014. http://ptac.ed.gov/sites/default/files/Student%20Privacy%20and%20Online%20Educational%20Services%20%28February%202014%29.pdf

See also “FERPA Exceptions—Summary” at
http://ptac.ed.gov/sites/default/files/FERPA%20Exceptions_HANDOUT_horizontal_0.pdf

4) Lorain School Superintendents Say “Unmake” Changes: Michael Sangiacomo reports for the Plain Dealer on May 22, 2014 that sixteen school superintendents in Lorain County are urging lawmakers to “unmake” changes in education policy that are threatening the public school system. The superintendents were gathered at meeting held at the Lorain County Community College on May 21, 2014, and identified as troublesome state and federal education policies that were developed without local input and do not align with what is best for local communities. These include excessive student testing, overly strict teacher evaluations, loss of state funding to charter and online schools, the Third Grade Reading Guarantee, and other cuts in funding for schools. The superintendents recommended an increase in state-funded pre-kindergarten, a fair system to fund charter schools, and a return to local control as strategies to improve local schools.

The superintendents targeted state policies for funding charter schools, e-schools, and nonpublic schools as a particular problem, because school districts often pay-out more to these schools than what they receive from the state. According to the article, “A school district gets an average of $3,540 per student from the state, the group said. By contrast, Ohio pays a charter school an average of $7,189 per student, supplies an “e-school” that provides teaching over the Internet an average of $6,658 per student, and gives a voucher with an average worth of $6,774 per student to a private school.”

See “School Superintendents in Lorain County Want State to Return Power to the Districts” by Michael Sangiacomo, The Plain Dealer, May 22, 2014 at
http://www.cleveland.com/avon-lake/index.ssf/2014/05/lorain_school_superintendents.html#incart_river

See also “What’s Best for Lorain County’s Schools? An Executive Summary of the Report from the Superintendents of Lorain County” March 2014 at
http://www.restorelocalcontrol.org/our-survey-results.html

The above report includes the results of a survey of registered voters sponsored by the Lorain County school superintendents and conducted in January 2014 by Burges and Burges. The survey was supported by a grant from Martha Holden Jennings, Nordson Corporation, Nord Family, and Stocker Foundations. The superintendents followed-up the survey with a series of public meetings, and summarized what they learned in an executive summary prepared in March 2014. The following are some of the findings of the survey and the public meetings:

A majority of residents in Lorain County believe that
-their school districts are doing an excellent or good job
-high quality teachers are the most important indicator of a high quality education
-earning high marks on the state report card isn’t that important
-increased state testing has not helped students
-decisions are best made at the local level
-preschool education-especially for those students from poverty--should be expanded (and they said they would increase their taxes to support it.)
-school finance is the biggest challenge facing our schools,
-their local tax dollars should not be going to support private schools and for-profit and online charter schools.

5) Another Study Questions VAM: Researchers Morgan Polikoff (USC) and Andrew Porter (University of Pennsylvania) published a study on May 12, 2014 that examines teachers’ instructional alignment with state standards and assessments and how it is associated with their contribution to student learning and their effectiveness, measured by value added models (VAMs).

The researchers evaluated data gathered from 327 forth and eighth grade math and English teachers in six school districts. The teachers were a sub-sample from the Bill and Melinda Gates foundation’s Measures of Effective Teaching (MET) study. The teachers were asked to complete the Surveys of Enacted Curriculum (SEC) content taxonomies, which was used in the study to measure instructional alignment for targeted classes. Teacher effectiveness was measured using the Tripod student survey. The teachers also video-recorded a classroom lesson, which was rated for quality of pedagogy using the Framework for Teaching (FFT) protocol. The MET projects value-added estimates were used to provide student achievement data.

According to the researchers the results of the study were disappointing: “Simply put, the correlations of value-added with observational measures of pedagogical quality, student survey measures, and instructional alignment were small.”

The researchers then identified some possible reasons for the results:

-“One interpretation of this conclusion is instructional alignment and pedagogical quality are not as important as standards-based reform theory suggests for affecting student learning.”

-“A second interpretation is that instructional alignment and pedagogical quality are as important as previously thought, but that the SEC and FFT do not capture the important elements of instruction.”

-“A third interpretation of our findings is that the tests used for calculating VAM are not particularly able to detect differences in the content or quality of classroom instruction.”

The researchers conducted further research to eliminate possible reasons, but in the end concluded, “Low correlations raise questions about the validity of high-stakes (e.g., performance evaluation) or low-stakes (e.g., instructional improvement) inferences made on the basis of value-added assessment data. Taken together with the modest stability of VAM measures (e.g., McCaffrey, Sass, Lockwood, & Mihaly, 2009), the results suggest challenges to the effective use of VAM data. At a minimum, these results suggest it may be fruitless for teachers to use state test VAMs to inform adjustments to their instruction. Furthermore, this interpretation raises the question—If VAMs are not meaningfully associated with either the content or quality of instruction, what are they measuring?”

See “Instructional Alignment as a Measure of Teaching Quality” by Morgan S. Polikoff (University of Southern California) and Andrew C. Porter (University of Pennsylvania), Educational Evaluation and Policy Analysis, American Educational Research Association, May 2014 at
Educational Evaluation and Policy Analysis 0162373714531851, first published on May 12, 2014
http://epa.sagepub.com/content/early/2014/04/11/0162373714531851.full.pdf+html?ijkey=Uwvo4Eg6.hQHI&keytype=ref&siteid=spepa

6) State Accountability Systems Must Change: Linda Darling Hammond, the Charles E. Ducommun Professor of Education, Stanford University, and Randi Weingarten, President, American Federation of Teachers, write for the Huff Post Education Blog that current state school accountability systems, which punish children, educators, and schools, must change.

They write that the use of a one-time high stakes tests “cannot capture the broader aspirations embedded in the new standards for problem solving, inquiry, team building, communication, collaboration, persistence, and other challenging skills.”

Greater investments in professional capacity will be needed to implement the new standards, especially for underfunded schools that serve highest-need students. And, the use of sanctions as an incentive to improve schools elicits the wrong responses, including teaching to the test and narrowing the curriculum.

Instead of the test and punish approach, they recommend the support and improvement model:

“1) curriculum, teaching, and assessment focused on meaningful learning, 2) adequate resources that are spent wisely, and 3) professional capacity, so that teachers and school leaders develop the knowledge and skills they need to teach much more challenging content in much more effective ways.”

According to the authors, California is currently using this model, and has invested an additional $1.25 billion to address student needs. As a result California reported its highest graduation rate of 80 percent this year, and the greatest growth on the National Assessment of Educational Progress between 2011-2013.

The authors write, “At the end of the day, the path on which California has embarked is more likely to produce a truly accountable educational system -- one that ensures all students experience engaging learning in supportive schools that help them pave a path to a productive future, not just another test.”

See “It’s Time for a New Accountability in American Education” by Linda Darling Hammond and Randi Weingarten, Huff Post Education Blog, May 19, 2014 at http://www.huffingtonpost.com/linda-darlinghammond/its-time-for-a-new-accoun_b_5351475.html

7) Bills Introduced

•HB556 (Rogers) Property Tax Rollbacks Restoration: To restore the application of the 10 percent and 2.5 percent property tax rollbacks to tax levies approved on or after the effective date of Am. Sub. H.B. 59 of the 130th General Assembly.

•HB546 (Dovilla/Antonio) Licensure-Music Therapists: To require the licensing of music therapists and to require the regulation of the licensing and practice of music therapists.

•HB547 (Fedor/Patterson) Community School Teacher Evaluation: To apply the state teacher evaluation system to teachers in community schools.

•HB548 (Fedor) Community School Study Committee: To establish a committee to study the effectiveness of community schools and community school regulations.

•HB549 (Fedor) Third Grade Reading Guarantee Delay: To delay until the 2015-2016 school year retention of third grade students and requirements for teachers who provide instruction to third grade students under the Third Grade Reading Guarantee, to provide for a subsidy for reading intervention services, and to make an appropriation

FYI ARTS

1) Update on the National Core Arts Standards: The National Coalition for Core Arts Standards (NCCAS) will host a “virtual launch” of The National Core Arts Standards on June 4th, 2014 at 1:00 – 3:00 PM EDT. Registration to participate in this live streamed event is at http://tinyurl.com/lrsajg9.

Over the past months writing teams have been reviewing comments about the standards, which were made available for review in February 2014, and include standards for dance, drama/theatre, media arts, music, and visual art. The writing teams represent teachers, artists, representatives from state and national organizations and agencies, including the following:

Americans for the Arts
American Alliance for Theatre and Education (AATE)
Educational Theatre Association (EdTA)
The College Board
National Association for Music Education (formerly MENC)
National Art Education Association (NAEA)
National Dance Education Organization (NDEO)
State Education Agency for Directors of Arts Education (SEADAE)
Media Arts Committee of the National Coalition for Core Arts Standards
Young Audiences

2) Turnaround Arts to Expand: George Stevens Jr. and Margo Lion co-chairs of the President’s Committee on the Arts and Humanities (PCAH), announced on May 20, 2014 that the Turnaround Arts pilot school initiative will expand from its original eight schools to 35 schools in 10 states — Iowa, Massachusetts, Connecticut, Louisiana, Oregon, Montana, Colorado, California, Illinois, Minnesota — and the District of Columbia, with plans to expand to 60 schools across the country in the future. The announcement was made at the first Turnaround Arts Talent Show, held at the White House and hosted by First Lady Michelle Obama, Honorary Chair of the President’s Committee on the Arts and Humanities.

The PCAH launched the Turnaround Arts project in May 2012 in partnership with the U.S. Department of Education and the White House Domestic Policy Council to test the hypothesis “...that high-quality and integrated arts education can be an effective tool to strengthen school reform efforts-boosting academic achievement and increasing student motivation in schools facing some of the toughest educational challenges in the country.”

Other partners include the Herb Alpert Foundation, the Rosenthal Family Foundation, the Keith Haring Foundation, Crayola LLC, the National Association of Music Merchants (NAMM) Foundation and Music Theater International. The program is administered in partnership with Americans for the Arts. Local program partners include: Academy of Urban School Leadership, Chicago, IL; Boston Public Schools, Boston, MA; CREATE CA, Los Angeles, CA; Des Moines Public Schools, Des Moines, IA; George Rodrigue Foundation of the Arts, Baton Rouge, LA; and Perpich Center for Arts Education, Minneapolis, MN.

Turnaround Arts is funded through a public-private partnership with the U.S. Department of Education, the National Endowment of the Arts, the Ford Foundation, and other private foundations and companies. The expanded program will provide over $5 million over the next three years to infuse the arts into low performing schools. Local partners will provide an additional $12 million to support additional visual art teachers, music teachers, and artists; to purchase art supplies, musical instructions; and provide additional resources to integrate all subjects areas with the arts.

To support the expansion of the program the PCAH announced a number of new “Turnaround Artists,” who will work with the individual schools: Chad Smith, Clarence Greenwood (aka Citizen Cope), Doc Shaw, Elizabeth Banks, Elton John, Frank Gehry, Jason Mraz, Jesse Tyler Ferguson, Josh Groban, Marc Anthony, Rashida Jones, Russell Simmons, the Silk Road Ensemble, Tim Robbins and Troy Andrews (aka Trombone Shorty). These artists join PCAH members who are currently working with the program, including Alfre Woodard, Chuck Close, Damian Woetzel, Forest Whitaker, John Lloyd Young, Kal Penn, Kerry James Marshall, Kerry Washington, Sarah Jessica Parker, and Yo-Yo Ma.

An interim evaluation of the program conducted by Booz Allen Hamilton and the Urban Education Institute at the University of Chicago shows that participating schools are demonstrating “improved academic performance, increased student and parent engagement, and improved culture and climate.”

All schools participating in Turnaround Arts will receive training and resources to address their individual needs. Resources will include a summer leadership program, in-school professional development, partnerships with community arts education and cultural organizations, art supplies and musical instruments. Participating artists will “adopt” Turnaround Arts schools for the length of the program, working with students, schools and communities to highlight their success.

See “Committee On The Arts And Humanities Announces Expansion Of Turnaround Arts Program”, May 20, 2014 at
http://www.whitehouse.gov/the-press-office/2014/05/20/committee-arts-and-humanities-announces-expansion-turnaround-arts-progra

See “Turnaround Arts Initiative Progress Report 2013” by Sara Ray Stoelinga, Urban Education Institute Katie Joyce, Booz Allen Hamilton, and Yael Silk, Silk Strategic Arts, President’s Committee on Arts and Humanities, at
http://turnaroundarts.pcah.gov/news/

3) New Director of the Cleveland Museum of Art Named: The Cleveland Museum of Art’s Board of Trustees, Steven Kestner, chairman, announced on May 19, 2014 the selection of William M. Griswold as its 10th director. Dr. Griswold is currently the director of the Morgan Library & Museum in New York City, but has also worked at the J. Paul Getty Museum, the Minneapolis Institute of Arts, and the Metropolitan Museum of Art. He earned his bachelor’s degree at Trinity College, Hartford, Connecticut, and his Ph.D. at the Courtauld Institute of Art, London. The museum has recently completed a $350 million expansion project, and is preparing to celebrate its 100th anniversary in 2016.

See http://www.clevelandart.org/blog/2014/05/19/introducing-william-m.-griswold.

4) South Arts Releases Two Reports: South Arts, a nonprofit regional arts organization located in Atlanta, GA, released on May 15, 2014 two reports entitled Arts Education in the South Phase I: Public School Data and Principals’ Perspectives by Allen Bell and Arts Education in the South Phase II: Profiles of Quality by Joel Baxley, Susanne Burgess, Laurie Melnik, and Marissa Nesbit.

The reports examine access to and the quality of arts education programs in K-12 public schools in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee through a “set of quantitative and qualitative research.”

The reports were commissioned by South Arts with funding from the National Endowment for the Arts and nine participating state arts agencies.

In the first phase of the research, data was collected from 4,400 principals representing about 29.3 percent in the region. The second phase of the research includes nine case studies conducted by the Southeast Center for Education in the Arts at the University of Tennessee at Chattanooga.

According to the press release about the reports, “The data for responding schools is broken down to show results as an overview of the entire region, as well as by state and by school level. Among the report’s key findings are that, in general, the South as a region offers less access to visual arts and music than the national average: 71% of responding schools offer visual arts and 80% offer music, compared with national averages exceeding 83% and 91% respectively. Access to theatre at 22% is close to the national average, and dance exceeds the national average with 22% in the South compared to less than 10%. Results for individual states within the region, however, are highly variable.”

“The qualitative research, conducted by the Southeast Center for Education in the Arts at University of Tennessee Chattanooga, examined the traits of quality arts education in nine strong school programs. The study revealed four primary themes prevalent throughout these schools.

•The importance of relationships: All of the stakeholders in arts education (students, parents, teachers, and administrators) repeatedly identified a sense of community, feelings of acceptance and accomplishment, and pride in their programs.
•A shared vision of the arts: Successful programs also shared a sense of a unified mission throughout the district supported by strong leadership. The specific visions varied from district to district, but permeated the schools.
•The arts are core curriculum: In these districts, arts are planned according to state and national standards and not isolated from the rest of a school’s curriculum. In programs that considered the arts as core, arts instruction did not serve as an extracurricular option, and was perceived as an important part of the whole curriculum.
•Students are inducted into the working world of artists: These model districts also went beyond allowing students to make art: they allowed them opportunities to be artists through advanced social content and context.”

See “South Arts Releases Reports Analyzing Access to and Quality of Arts Education in the South”, May 15, 2014 at http://www.southarts.org/resources/research-and-publications/research/arts-education/

****More Details on HB487 (Brenner) MBR Education and HB483 (Amstutz) MBR Operations

1) Senate Passes HB487 (Brenner) MBR Education: The Senate Education Committee, chaired by Senator Lehner, approved on May 20, 2014 two omnibus amendments before reporting HB487 (Brenner) MBR Education. The Senate approved the bill on May 21, 2014 by a vote of 27 to 5.

Some of the 50 or so Senate amendments respond to the concerns raised by parents, students, teachers, and administrators, who are questioning the implementation of so many education policy changes at one time, including the Common Core State Standards, aligned state testing, teacher evaluation, new accountability consequences, and the Third Grade Reading Guarantee. The Senate version delays consequences for schools and teachers for a year, and includes language to bolster local control over curriculum decisions, and to ensure that student data is secure.

The Senate version also includes SB229 (Gardner) Teacher Evaluations as approved by the Senate. Currently the House Education Committee is hearing a Substitute SB229 that is quite different than the version approved by the Senate in December 2013. The Senate version relaxes some of the requirements for annual teacher evaluations and the percent of the evaluation based on student value added scores.

The following is a summary of HB487 that includes the Senate amendments and other provisions of the bill that were not changed by the Senate. The summary is based on a Research Memorandum prepared by the Ohio Legislative Service Commission and the bill.

Academic Content Standards

•Section 3301.078 Adopting Content Standards: The Senate amendment prohibits any official of the state or state board from entering into any agreement or memorandum of understanding with any federal or private entity that would require the state to cede any measure of control over the development, adoption, or revision of academic content standards.

Requires the State Board of Education (SBE) to establish standards to provide strict safeguards to protect the confidentiality of personally identifiable student data, in addition to the guidelines already required for the establishment and maintenance of the statewide Education Management Information System (EMIS).

•Section 3301.079 Requirements for Standards: The Senate amendment requires the SBE, when adopting academic content standards, to ensure that the standards emphasize “essential knowledge” instead of “rigor,” as in current law; include essential academic content and skills students are expected to know and do at grade level (as opposed to “core” content and skills as in current law); instill life-long learning by providing essential knowledge and skills based in the liberal arts tradition, as well as science, technology, engineering, mathematics, and career-technical education; and are clearly written, transparent, and understandable by parents, educators, and the general public.

Requires the SBE, in adopting or revising its academic content standards, to develop the standards in social studies, American history, American government, or science independently, and not as part of a multi-state consortium.

Requires the Ohio Department of Education (ODE) to post academic content standards on its website.

Creates the English language arts academic standards review committee, the mathematics academic standards review committee, the science academic standards review committee, and the social studies academic standards review committee.

Specifies the makeup of each committee, which must include prescribed experts, parents, and educators appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The state Superintendent and the Chancellor (or their designees) also are members of each committee.

Requires each committee to review the academic content standards for its respective subject area to ensure that such standards are clear, concise, and appropriate, and determine whether the assessments submitted to that committee are appropriate for the committee’s respective subject area and meet the academic content standards and community expectations.

Specifies that the assessments (and corresponding answers) received by the committees pursuant to this provision are not public records of the committees and are not subject to release by the committees to any other person or entity.

•NEW Section 3313.21 School District Local Control: The Senate amendment states that a school district board is the sole authority in determining and selecting textbooks, instructional materials, and academic curriculum for its schools.

Allows a school district board of education to permit educators to create instructional materials consistent with the board-adopted curriculum.

Specifies that nothing in the provision is intended to promote or encourage the use of any particular text or source material statewide.

•NEW Section 3313.72 and 3313.212 Parent Advisory Committees: The Senate amendment requires each school district board of education to establish a parental advisory committee, or another method for review, to provide an opportunity for parents to review the selection of textbooks and reading lists, instructional materials, and the academic curriculum used by schools in the district.

Academic Distress Commission

•Section 3302.10 Academic Distress Commission: The Senate amendment specifies that a school district is subject to the establishment of an academic distress commission if, for three or more consecutive years, a district has been declared to be in a state of academic emergency and has failed to make adequate yearly progress; the district has received a grade of “F” for the performance index score and a grade of “D” or “F” for the value-added progress dimension for the 2012-2013 or 2013-2014 school years; or the district has received an overall grade of “F.”

Accountability/Report Cards

•Section 3302.03 Value Added: The Senate amendment changes the calculation of the overall value-added progress dimension score for the annual state report cards so that the ODE uses either up to three years of value-added data or value-added data from the most recent school year, whichever results in a higher score.

Removes the House requirement for the ODE to use only assessment scores from students who have taken assessments at the school for at least two of the most recent school years in determining the value-added progress dimension grade for a school district or school on the report cards.

In adopting benchmarks for assigning letter grades the state board shall determine progress made based on the reduction in the total percentage of students scoring below grade level, or below proficient, compared from year to year on the reading and writing diagnostic assessments.

The amendment also requires the ODE to include on a school or district’s report card the percentage (rather than number) of students who have earned credit in advanced standing programs (formerly dual enrollment), such as college credit plus program (CCP) (formerly post-secondary enrollment options) and career technical courses.

•Section 3302.036 Report Card Letter Grade: This section delays the assignment of an overall report card letter grade for school districts or buildings for the 2014-2015 schools year, and as a result exempts schools/districts, STEM schools, and community schools from the consequences associated with the report card results. The bill states that report card ratings for the 2014-2015 school year shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years.

•Section 9 Temporary Law: The Senate amendment permits a school district, community school, or STEM school to enter into a memorandum of understanding with its teachers’ union that stipulates that the value added progress dimension rating issued for the 2014-2015 school year will not be used when making decisions regarding teacher dismissal, retention, tenure, or compensation.

Age and Schooling Certificate

•Sections 3321.07, 3321.08, Section 3331.04 Age and Schooling Certificate: The Senate amendment makes changes regarding the age and schooling certificate and restores provisions of the “as introduced” version of the bill regarding the diploma, credential, or certification that a career-technical, commercial, or other special type of school must provide in order for a child to attend that school instead of high school.

Assessments

•Section 3301.0715 Diagnostic Assessments: Requires school districts to administer diagnostic assessments, but states that this section does not apply to students with significant cognitive disabilities.

Any district that received a grade of “A” or “B” for the performance index score or for the value-added progress dimension for the immediately preceding school year, may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section regarding reading.

The ODE may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the progress in literacy and report card ratings.

•Section 3301.163 Third Grade Reading, Scholarship Students: The bill requires students who receive vouchers to attend nonpublic schools beginning July 1, 2015 to be subject to the third-grade reading guarantee retention provisions. The bill requires that nonpublic schools participating in the voucher programs adopt policies and procedures regarding students who do not read at grade level, provide services, and report the number of students reading at grade level, and the number of students not reading at grade level to the ODE.

•Section 10 Temporary Law Online Assessments: Prohibits the ODE, for the 2014-2015 school year, from requiring a district or school to administer state achievement assessments in an online format, but permits a district or school to administer any of those assessments in an online format or in a combination of online and paper formats, at the discretion of the district board or school governing authority.

Requires the ODE to furnish, free of charge, all required assessments regardless of format selected by the district or school.

•Section 9 in Temporary Law Reasonable Testing: Requires the state Superintendent to submit a report, not later than January 15, 2015, to the Governor and the General Assembly that includes a review of the number of elementary and secondary assessments required to be administered under the state assessment system, and the state Superintendent’s recommendations for decreasing the number of assessments, and the number of designated dates for, and the duration of, the administration of such assessments, to ensure that the extent of testing is reasonable.

•Section 9 in Temporary Law Regarding the Third Grade Reading Assessment: The Senate amendment specifies which English language arts assessments will be administered to third grade students in the 2014-2015 school year.

Requires the Department of Education to develop a method to determine the equivalence between the scores from each assessment for purposes of calculating a district’s or school’s grades on the state report card.

•Section 3301.0711 and Section 10 in Temporary Law Assessments as Public Records: These sections state that the administration of the elementary assessments in the 2011-2012, 2012-2013, and 2013-2014 school years shall not be a public record. A certain percent of questions included in state assessments under Section 3301.0710 (B) each year will be released to the public, and requires that the ODE make the questions that become a public record under this division readily accessible to the public on the department’s web site. Questions on the spring administration of each assessment shall be released on an annual basis, in accordance with this division.

Career Advising

•Section 3313.6020 Career Advising and Dropout Prevention: The bill states that beginning in the school year 2015-16 (rather than 2016-17) each city, local, exempted village, and joint vocational school district, charter school, and STEM school shall adopt a policy on career advising, and update it every two years. The policy on career advising will include the following:

-Provide students with grade-level examples that link their schoolwork to one or more career fields. A district may use career connections for this purpose.
-Create a plan to provide career advising to students in grades six through twelve
-Beginning in the 2015-2016 school year, provide additional interventions and career advising for students who are identified as at risk of dropping out of school
-Train its employees on how to advise students on career pathways, including training on advising students using online tools
-Develop multiple, clear academic pathways through high school that students may choose in order to earn a high school diploma
-Identify and publicize courses that can award students both traditional academic and career-technical credit
-Document the career advising provided to each student for review by the student, the student’s parent, guardian, or custodian, and future schools that the student may attend. A district shall not otherwise release this information without the written consent of the student’s parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old.
-Prepare students for their transition from high school to their post-secondary destinations, including any special interventions that are necessary for students in need of remediation in mathematics or English language arts.

The bill also requires each school district beginning in the 2015-2016 school year, to identify students who are at risk of dropping out of school using a method that is both research-based and locally-based and that is developed in consultation with the district’s classroom teachers and guidance counselors. If a student is identified as at risk of dropping out of school, the district shall develop a student success plan that addresses the student’s academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway. The plan will be developed with student’s parent, guardian, or custodian to assist in developing the plan. If the student’s parent, guardian, or custodian does not participate in the development of the plan, the district shall provide to the parent, guardian, or custodian a copy of the student’s success plan and a statement of the importance of a high school diploma and the academic pathways available to the student in order to successfully graduate. Following the development of a student success plan for a student, the district shall provide career advising that is aligned with the student’s plan beginning in the 2015-2016 school year.

The ODE will post on its website not later than December 1, 2014, model policies on career advising and model student success plans.

•Sections 3326.11, NEW 3326.29, 3326.36 STEM Schools: The Senate amendment requires STEM schools to comply with the career advisory efforts in Section 3313.6020.

Career Technical Education

•Section 3313.90 Career-Technical Education: The bill requires by 2015-2016 the expansion of career technical services to students enrolled in grades seven and eight (based on school district enrollment) and advising for career-technical education. The board of education of a city, local, or exempted village school district can adopt a resolution that specifies the district’s intent not to provide career-technical education to students enrolled in grades seven and eight for a particular school year. The resolution must be submitted to the ODE by the thirtieth day of September of that school year. The ODE will grant a waiver of the requirement for that district to provide career-technical education to students enrolled in grades seven and eight for that particular school year.

Charter Schools

•Section 3313.537 Extra-Curricular Activities/Community Schools: The bill permits students enrolled in charter schools and STEM schools to have access to extracurricular activities in the district of residence, or in another school district if approved by the district’s superintendent, if the activity is not offered at the school the student is enrolled in, and if the activity is not interscholastic athletics or contests or competitions in music, drama, or forensics.

•Section 3314.191 Requirements of Sponsors: The Senate amendment states that community school sponsors must document certain operations are in place before the ODE will distribute funds to community schools.

•Section 3314.352 Reopening a Permanently Closed Community School: Prohibits a community schools to reopen under another name if the new school has the same sponsor as the closed school; if the new school has the same chief administrator as the closed school; if the governing authority of the new school consists of the same members as the closed school; if 50 percent of the teaching staff and administrators is the same as the closed school; and if the performance standards and accountability plan prescribed by the sponsor are the same as the closed school.

REMOVES a provision that exempted Internet- and computer-based community schools from the bill’s prohibition against a community school that is permanently closed for academic failure reopening under another name with the same sponsor, chief administrator, governing authority members, majority teaching staff, majority administrative staff, or performance standards and accountability plan as the closed school.

•REMOVED Changes in Section 3314.016 Community School Sponsor Rating System: This House amendment stated that the ODE will develop and implement an evaluation system for sponsors of charter schools in “conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state.”

•Section 3314.03 Career Advising: The Senate amendment requires charter schools to comply with Section 3313.6020 regarding career advising.

Cleveland Metropolitan School District (CMSD)/Transformation Alliance

•Sections 3311.86, 3314.02, and 3314.029 Transformation Alliance: Replaces changes made to the Cleveland Metropolitan School District’s Transformation Alliance Plan in the House-passed version with the following:

Requires Transformation Alliance recommendations for “extending” a sponsor’s approval. Under current law, sponsors must request a recommendation from a Transformation Alliance when the ODE’s approval for a sponsor is granted or renewed (but not “extended”).

Permits the ODE to request from the Transformation Alliance, or the Transformation Alliance to independently offer, comment on the granting, renewal, or extension of an agreement with a sponsor of community schools when the sponsor has existing agreements with a community school located in CMSD.

Requires the Department to consider any Alliance comment in making decisions in granting, renewing, or extending agreements with sponsors.

Permits a school district board of education or governing board of an educational service center (ESC) to request from a Transformation Alliance, or a Transformation Alliance to independently offer, comment on the conversion of a school district school into a community school.

Requires a school district board or ESC governing board to consider any Alliance comment before entering into a preliminary agreement to create a conversion community school.

Removes the provisions of the House-passed version regarding ESC sponsorship of community schools.

Requires school district boards and ESC governing boards to request recommendations from the Transformation Alliance before entering into a preliminary agreement to convert a CMSD school to a community school.

Prohibits the Office of Ohio School Sponsorship from approving a community school for direct authorization in an alliance municipal school district unless that school has requested a recommendation from the Transformation Alliance.

•REMOVES Sections 3310.05 and 3313.975 EdChoice Scholarship: The House-passed bill qualified for an Educational Choice scholarship a student in the Cleveland Metropolitan School District if the number of applicants for the Cleveland Scholarship Program exceeded the number of available scholarships under that program. Instead, additional funding for the Cleveland Scholarship Program was added to HB483 (Amstutz).

College and Career Readiness

•REMOVED Section 3313.6015 Career Advising/Financial Literacy: This section requires that boards of education of each city, local, exempted village, joint vocational school district adopt a policy on college career readiness and financial literacy in the curriculum for grades seven or eight by July 1, 2015.

College Credit Plus Program (CCP)

•Sections 3365.01-3365.15 College Credit Plus Program: The Senate amendment includes changes in the proposed College Credit Plus Program, and removes a House provision that permitted school districts to negotiate agreements below the $40/credit hour floor with institutions of higher education (Section 3365.07 ORC).

The Senate amendment also modifies the CCP payment structure for public high school students enrolled in private colleges and allows that payment for costs for the participant that exceeds the default floor amount paid by the ODE be negotiated by the school and the college. The agreement may include a stipulation permitting the charging of a participant.

The bill also states, a participant that is identified as economically disadvantaged according to rules adopted by the department will be charged under for any tuition, textbooks, or other fees related to participation in the program.

The bill also does the following:

Restores a provision from the “as introduced” version of the bill that permits high schools and colleges, including those operating an Early College High School (ECHS) program, to obtain a waiver from the Chancellor of the Board of Regents and the Superintendent of Public Instruction from the requirements of the CCP program.

Permits the Chancellor and the state Superintendent to grant a waiver for an agreement governing an early college high school program or for a proposed agreement between a high school and a college, only if the agreement includes innovative programming to address the needs of underrepresented student subgroups.

Restores a provision from the “as introduced” version of the bill specifying that a waiver granted by the Chancellor and the state Superintendent applies only to the specific agreement for which the waiver is granted.

Modifies a provision that requires public and participating nonpublic high schools to implement a policy for the awarding of grades and the calculation of class standing for CCP courses by requiring that the adopted policy be equivalent to the school’s policy (rather than its “current” policy under the bill) for courses taken under other advanced standing programs (in the bill) and for courses designated as honors courses by the school.

Modifies the definition of “nonpublic secondary school” to include only chartered nonpublic schools, rather than both chartered and nonchartered nonpublic schools, and makes various other changes to align with the new definition.

Subjects a “nonchartered” nonpublic high school student who chooses to participate in the CCP program to the same requirements as a home-instructed student, rather than a chartered nonpublic school student, who chooses to participate in the CCP program.

Specifies that payments made by the ODE for a nonchartered nonpublic school participant under the CCP program must be made for the same amount and in the same manner as payments made for a home-instructed participant under the program, rather for a chartered nonpublic school participant.

•Section 3313.6013 Advanced Standing Programs: The bill replaces “dual enrollment” with “advanced standing programs”, which can be the college credit plus program, advanced placement courses, International Baccalaureate diploma courses, and early college high school programs. School districts are required to participate in the college credit plus program (Chapter 3365 ORC), and may offer more than one advanced standing programs. Each school district and each chartered nonpublic high school shall provide information about the dual enrollment advanced standing programs offered by the district or school to all students enrolled in grades eight through eleven.

This section also defines early college high school as “a program operated by a school district or school and an associated college that provides a personalized learning plan, which is based on accelerated curriculum and includes both high school and college-level coursework, and enables the following students to earn a high school diploma and an associate degree, or the equivalent number of transcripted credits, upon successful completion of the program:
-Students who are underrepresented in regard to completing post-secondary education
-Students who are economically disadvantaged, as defined by the department of education
-Students whose parents did not earn a college degree

Data Use/Confidentiality

•Section 3301.0714 Management Information System: Requires the SBE to adopt rules that include standards to provide “strict safeguards to protect the confidentiality of personally identifiable student data.”

Section (B)(1)(n) makes an exception for parents who do not want diagnostic information about their kindergarten student reported, but still requires data to be collected about the results of the language and reading assessments, and removes a provision that prohibited this information to be reported on the state report cards.

•NEW Section 3301.947 Confidentiality of Data Use: The Senate amendment specifies that data collected in the course of administering elementary and secondary achievement assessments must be used for the sole purpose of measuring and improving the academic progress and needs of students, educators, school districts, and schools.

States that, in the course of such testing, no personally identifiable information of a student’s or a student’s family’s social security numbers, religion, political party affiliation, voting history, or biometric information may be collected, tracked, housed with, reported to, or shared with any entity, including the federal or state government.

Dropout Prevention and Recovery

•Section 3313.603 Waiver from High School Curriculum Requirements: Specifies that, starting on July 1, 2015, (rather than July 1, 2016, as in the House passed version of the bill), dropout prevention and recovery programs must satisfy the bill’s new requirements related to career advising and student services (in addition to all other conditions specified in current law) in order to receive a waiver from the standard high school curriculum requirements.

The program must also submit to the ODE a written agreement outlining the future cooperation between the program and any combination of local job training, postsecondary education, nonprofit, and health and social service organizations to provide services for students in the program and their families.

Requires that a district, community school, or STEM school consult with the district’s or school’s classroom teachers and guidance counselors in developing a method to identify students who are at risk of dropping out of school under the bill’s provisions.

Educational Service Centers

Section 3313.843 Educational Service Centers Payment: Clarifies the payment of the operating subsidy paid to educational service centers.

Emergency Management Plans for Schools

•Sections 149.433, NEW 3313.536, and 3319.31 Emergency Management Plans: Changes the name of “school safety plans” to “emergency management plans” and requires the “administrator” of specified schools, preschools, and educational centers and facilities to develop, adopt, and submit to the ODE and local law enforcement agencies a comprehensive emergency management plan that incorporates a floor plan, site plan, and emergency contact information sheet, in addition to protocols for threats and emergency events.

Requires each administrator annually to review the plan and certify its accuracy to the ODE, as well as to update the plan every three years (current law), whenever major modifications require changes (current law), or whenever information on the emergency contact information sheet is not accurate (added by the amendment).

Requires each administrator to conduct at least one annual emergency management test, which is defined as “a regularly scheduled drill, exercise, or activity designed to assess and evaluate an emergency management plan.”

Subjects any administrator who is an applicant for a license or who holds a license from the SBE to disciplinary action on the administrator’s license, if the administrator fails to comply with the requirements related to such plans.

Specifies that copies of the emergency management plans and information incorporated into the plans, including related information that is required to be posted on the Contact and Information Management System by the Director of Public Safety, are not public records.

Gifted Education

Section 3324.07 Gifted Education: The bill changes the term “post-secondary enrollment options” to “college credit plus” program.

REMOVED: Section 3324.09 Expenditures for Gifted Students: This House amendment requires school districts to report to the ODE by July 31st of each year the spending of funds for the identification and services provided to the district’s gifted students.

REMOVED: Section 3324.11 Gifted Education: This House amendment prohibits a school district from reporting that it has provided services to a student identified as gifted unless those services are paid for by the district.

Graduation Requirements

•Section 3313.603 Graduation Requirements: The Senate amendment replaces throughout this section the phrase “Ohio core curriculum” with “requirements for graduation”.

The bill allows students who enter ninth grade on or before July 1, 2016 to qualify for graduation even if they have not completed the “requirements for graduation” in 3313.603 (C). The student, parents, and school will develop a “student success plan”, rather than an “individual career plan,” that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.

Higher Education

•Section 3345.06 Admission’s Requirements: Requires state institutions of higher education to accept a sworn affidavit verifying completion of a student’s high school curriculum from students enrolled in “nonchartered” non public schools, rather than chartered nonpublic schools as under the House-passed version of the bill.

Prohibits state institutions of higher education from discriminating against students enrolled in “nonchartered” nonpublic schools, rather than chartered nonpublic schools as under the House-passed version of the bill, solely on the manner in which students received instruction.

Specifies that, “for the purposes of consideration for admission,” rather than “for the purposes of admission,” state institutions of higher education must accept a sworn affidavit verifying completion of a student’s high school curriculum from chartered nonpublic students and home-instructed students, and must not discriminate solely on the manner in which such students received instruction.

Requires that any affidavit submitted to a state institution of higher education in order to verify completion of the high school curriculum for a chartered nonpublic student (changed to a nonchartered nonpublic student) or a home-instructed student must also include a record of the student’s completed coursework and the grade received in each course.

•Section 3333.041 Chancellor of the Board of Regents: Requires the Chancellor to report to the governor and the general assembly about the advanced standing programs and post the information on the chancellor’s web site.

•REPEALS Section 3345.062 which requires institutions of higher education to offer distance learning courses to high school students.

Ohio Innovative Lab Network

•NEW Section 3302.15 Ohio Innovative Lab Network: This new provision creates the Ohio Innovative Lab Network, limited to STEM schools and up to 10 school districts. These schools will be able to request and receive waivers from the current state assessment system, and adopt an alternative assessment system. The school districts will be selected by the Superintendent of Public Instruction.

Prescribes the contents that must be included in the request for a waiver, and requires the state Superintendent to approve or deny a request for a waiver or request additional information within 30 days after receiving a request.

Requires the ODE to seek a waiver from the testing requirements prescribed under the federal “No Child Left Behind Act of 2001,” and to create a mechanism for the comparison of the proposed alternative assessments and the state assessments as it relates to the evaluation of teachers and student achievement data for the purpose of state report card ratings.

NEW Section 3326.29 STEM School: Permits a STEM school to request to the superintendent of public administration a waiver from administering the state achievement assessments required under sections 3301.0710 and 3301.0712 of the Revised Code and related requirements specified under division (C)(2) of section 3302.15 of the Revised Code. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

Nonpublic Schools

•Section 3301.0711 State Assessments: The Senate amendment exempts a chartered nonpublic school from the requirement to administer the elementary achievement assessments if the school solely serves students with disabilities, and at least 95 percent of the school's students are children with disabilities, or have received a diagnosis by a school district or from certain physicians as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome. (This section seems to pertain to the Marburn Academy in Columbus.)

The school must also be accredited through the Independent School Association of the Central States; has been issued a charter by the State Board of Education; and the school provides to the Department of Education at least five years of records of internal testing conducted by the school that affords the ODE data required for accountability purposes, including diagnostic assessments and nationally standardized norm-referenced achievement assessments that measure reading and math skills.

Defines a child with a disability for purposes of determining if such a student is exempt from retention under the bill’s third-grade reading guarantee for students enrolled in a chartered nonpublic school on a state scholarship. The student’s individual service plan developed for reading will be considered in the same manner as the individual education program (IEP).

•Section 3310.03 (6) EdChoice Eligibility: Permits students in a 9-12 grade school that received a grade of “D” or “F” for the four-year adjusted cohort graduation rate for two out of three years to be eligible for an EdChoice scholarship.

•Section 3310.031 (B)(2) EdChoice Eligibility: Permits students attending nonpublic schools to be eligible for an EdChoice Scholarship if they attended a public school the previous school year, and would be assigned to a school that would qualify them for a voucher.

•REMOVED: Sections 3310.05 and 3313.975 EdChoice and Cleveland Scholarship Eligibility: Permits students who are in the Cleveland Metropolitan School District (CMSD) and are eligible for the Cleveland Scholarship Program to participate in the EdChoice Scholarship if the number of applicants to the Cleveland Scholarship Program exceeds the number of available scholarships.

•Section 3310.13 EdChoice Scholarship: Permits a chartered nonpublic school to charge a student receiving an Educational Choice (EdChoice) scholarship if the student’s family income is above 200 percent of the federal poverty guidelines “up to the difference” between the scholarship amount and the school’s tuition, instead of charging “the difference” between the scholarship amount and the school’s tuition under current law.

Permits, instead of requires as under current law, a chartered nonpublic school to permit an eligible student’s family, at the family’s option, to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school’s tuition not covered by an Ed Choice scholarship.

•Sections 3310.14 and 3310.522 Nonpublic Schools State Assessments: Exempts certain nonpublic schools from administering the elementary state assessment to students who receive EdChoice scholarships. See Section 3301.0711.

•REMOVED PART D Section 3313.612 Non public Schools Graduation Requirements: The Senate amendment removes a new part (D), which was added by the Ohio House, and states that a nonpublic school chartered by the state board may forgo end-of-course exams if the school publishes the results of a standardized assessment prescribed for each graduating class to measure college and career readiness. The published results shall include the overall composite scores, mean scores, 25th percentile scores, and 75th percentile scores for each subject area of the assessment.

The amendment restores Section 3313.615, which provides an exemption to the state graduation requirements that had been available to private schools accredited through the Independent School Association of the Central States.

•Section 10 in Temporary Law: Reinstates the current law exemption from the end-of-course examination for students attending a chartered nonpublic school accredited through the Independent School Association of the Central States. This provision was eliminated in the House-passed version.

•Section 3301.0712 College and Work-Ready Assessments: Removes a provision of the House-passed version that provides for an exemption for a student attending a chartered nonpublic school from passing the end-of-course examinations as a prerequisite for high school graduation, if the student’s school publishes for each graduating class the results of the required nationally standardized assessment that measures college and career readiness.

•Section 14 in Temporary Law Graduation Requirements: Creates an 11-member committee that must submit a report of recommendations regarding graduation requirements and testing requirements for students enrolled in chartered nonpublic schools to the chairpersons of the education committees of the House of Representatives and Senate by January 15, 2015.

Participation in Sports

•Sections 3313.539, 3707.511, 3707.521 Guideline for Concussions: Requires the Director of Health, in consultation with a representative of the State Medical Board, a representative of the State Chiropractic Board, and any additional representatives of licensed health care professions the Director considers appropriate, to develop and publish guidelines for the diagnosis, treatment, and clearance of concussions and head injuries sustained by athletes participating in interscholastic athletics or athletic activities organized by youth sports organizations and adopt rules governing minimum education and continuing education requirements for physicians and other licensed health care professionals who conduct assessments of those athletes and grant clearances to return to practice or competition.

Authorizes licensed health care professionals who meet the education and continuing education requirements established in rules adopted by the Director to assess and clear interscholastic and youth sports organizations athletes for return to play following suspected concussions (in addition to the physicians and licensed health care providers authorized to do so by current law).

Beginning 180 days after the bill’s effective date, requires the physicians and health care providers authorized by current law to conduct concussion assessments and clearances to meet the education and continuing education requirements established in rules adopted by the Director.

Proceeds of the Sale of Real Property

•Sections 5705.10 and Section 9 in Temporary Law Proceeds Real Property Sales: Permits a district board of education to use the proceeds received from the sale of school district real property for the construction or acquisition of permanent improvements.

Specifies that, if a board of education disposed of real property on or before September 29, 2013, that district may use the proceeds received from the sale for the retirement of any debt that was incurred by the district with respect to the real property or for the construction or acquisition of permanent improvements.

School District Mergers/Indebtedness

•Sections 3311.24, NEW Section 3311.241 District Mergers/Debt Consolidation, 3311.25: Some of these sections were included in HB216 (Patterson), which was reported by the House Education Committee on October 30, 2013.

The bill permits two or more contiguous school districts, at least one of which has a population of less than 100,000, to merge if certain conditions are met. The amendment also provides that, under specified conditions, the merged districts' indebtedness owed to the Solvency Assistance Fund is not assumed by the new district created by the merger.

•Section 8 in Temporary Law Solvency Assistance Fund: Cancels the amount owed to the Solvency Assistance Fund by any school district that has fewer than 500 students when either the entire territory of the district is transferred to a contiguous school district not later than June 30, 2015, or the district receives the entire territory of a contiguous school district not later than June 30, 2015.

School Facilities Commission

•Section 3318.70 and Section 10 in Temporary Law STEM Schools: Requires the Ohio School Facilities Commission to establish guidelines for assisting STEM schools in the acquisition of classroom facilities.

Requires (rather than permits as under current law) the Commission, subject to Controlling Board approval, to provide funding to any STEM school that is not governed by a single school district board.

School for the Blind

•Section 3325.02, 3325.06, Section 3325.07, 3325.09, 3325.10, 3325.17, and 3325.071 Parent Training: Requires the SBE to institute and establish a program at the State School for the Blind to train and assist parents of children of preschool age whose disabilities are visual impairments.

NEW Section 3325.09 requires the SBE to institute and establish at the State School for the Blind career-technical education and work training programs for secondary and postsecondary students whose disabilities are visual impairments.

NEW Section 3325.17 creates the State School for the Blind Educational Program Expense Fund, and requires the State School for the Blind to use monies in the fund for educational programs, after-school activities, and expenses associated with student activities.

Specifies that, for purposes of provisions of law related to the State School for the Blind, visual impairment means "blindness, partial-blindness, deaf-blindness, or multiple disabilities if one of the disabilities is vision related."

Teacher Evaluations and License Renewal

•Sections 3319.111, 3319.112, and Sections 9 and 10 in Temporary Law Teacher Evaluations: Adopts the Senate-passed version of SB229 and requires that student academic growth account for 35 percent of certain teacher's performance evaluation, rather than 50 percent as required by current law, but permits a school district or school to attribute an additional percentage, up to 15 percent, of each evaluation to student academic growth.

Permits a school district or school to evaluate any teacher who received a rating of "accomplished" on the teacher's most recent evaluation once every three years and any teacher who received a rating of "skilled" on the teacher's most recent evaluation once every two years.

Permits a school board to elect not to evaluate a teacher who either was on leave from the school district for 50 percent or more of the school year, or has submitted notice of retirement and that notice has been accepted by the board not later than December 1 of the school year in which the evaluation is otherwise scheduled.

•Section 3319.22 License Renewal: The bill allows a resident educator license to be valid and renewable for reasons specified by rules adopted by the SBE.

•Section 3319.26 Alternative Resident Educator License: The bill requires the SBE to develop rules about the reasons for which an alternative resident educator license may be renewed.

•Section 3319.31 Denying a License: The bill adds to the reasons for which the state board of education can deny a license failure to comply with submitting an emergency management plan to the ODE, Attorney General’s Office, and local agencies.

Voluntary Patrol of School Premises

•REMOVED: Section 3313.94 School Patrol Services/Tax Credits: This provision in the House version was originally included in HB215 (DeVitis) Law Enforcement Volunteers in School. It allows public schools and nonpublic schools to engage a current or retired law enforcement officer on a volunteer basis to patrol the premises of a school, and makes the volunteer eligible for a nonrefundable tax credit. Sections in law regarding nonrefundable tax credits are also amended in accordance with this provision.

Provisions in Temporary Law

•Section 3 Charter Schools: Exempts charter schools (Section 3314.03) and STEM schools (3326.11) from the requirement to adopt a resolution about college and career readiness and financial literacy in grades 7-8.

•REMOVES Section 3314.016. This House provision relates to sponsors of community schools. It requires the ODE to develop and implement an evaluation system for sponsors “in conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state”.

•Section 6 School Based Health Care Advisory Workgroup: The House version of the bill adds a representative of the Ohio Association of County Behavioral Health Authorities, and the Senate version adds a representative from the Ohio School Psychologists Association to the School Based Health Care Advisory Workgroup.

•Section 7 College Credit Plus: This section states that the College Credit Plus Program will begin operations for the 2015-16 school year. The Post-Secondary Enrollment Options Program will continue to operate for the 2014-15 school year. Beginning on the effective date of this section, the Department of Education, State Board of Education, and Chancellor of the Ohio Board of Regents shall take the necessary steps to adopt rules, guidelines, and procedures and to create any necessary forms and documents so that the College Credit Plus Program is fully operational for the 2015-2016 school year.

•Section 8 Solvency Assistance: The Senate amendment cancels the amount owed to the solvency assistance fund for eligible school districts (under 500 students) that transfer their entire territory to a contiguous school district. The amendment also allows the eligible school district to receive assistance from the Ohio School Facilities Commission.

•Section 9 Proceeds Real Property: This sections allows a board of education that disposed of real property on or after September 29, 2013 to use the proceeds of the sale for permanent improvements or to retire a debt.

•Section 10 Student Surveys: The Senate amendment directs the ODE to approve at least two empirically tested and validated student survey instructions for use by school districts that elect to conduct student surveys in accordance with teacher evaluations.

•Section 11 Elementary Assessments: This section requires the superintendent of public instruction to review the number of elementary and secondary assessments and make recommendations by January 15, 2015 for decreasing the number of assessments; decreasing the number of designated dates for administering the assessments; and the duration of the assessments.

•Section 12 Third Grade Reading Guarantee: This section describes the testing requirements for the Third Grade Reading Guarantee Program for the 2014-15 school year. All types of schools, except non-public schools, are required to administer the fall and spring the assessment previously used in English language arts, but can also administer in the spring the Partnership for Assessment of Readiness for College and Careers (PARCC), or a different assessment.

•Section 13 Online Assessments: The Senate amendment states that, “...for the 2014-2015 school year, no school district, community school, STEM school, college-preparatory boarding school, or chartered nonpublic school shall be required to administer an online format any assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code. However, a district or school may administer any of those assessments in an online format at the discretion of the district board or school governing authority, or in any combination of online and paper formats. The department of education shall furnish, free of charge, all such assessments for that school year regardless of the format selected by the district or school.”

•Section 14 Nonpublic School Graduation Requirements: This section requires the formation of a committee to make recommendations by January 15, 2015 regarding graduation requirements and other state-mandated testing requirements for students who attend chartered nonpublic schools. The committee shall consist of the following members:

-The Superintendent of Public Instruction or the Superintendent’s designee, who shall act as the chairperson
-The President of the state Board of Education or the President’s designee
-Three individuals, appointed by the Speaker of the House of Representatives, one of which shall be recommended by the Minority Leader of the House of Representatives
-Three individuals, appointed by the President of the Senate, one of which shall be recommended by the Minority Leader of the Senate;
-Three individuals, appointed by the Superintendent of Public Instruction, representing the Catholic Conference of Ohio; a nonpublic school accredited through the Independent School Association of the Central States; and a nonpublic school that is not a member of the Catholic Conference of Ohio or accredited through the Independent School Association of the Central States.

•Section 15 Release of Test Questions: The Senate amendment requires that “the entirety of the questions and corresponding preferred answers of the assessments” administered in the spring of the 2014-2015 school year “shall be released within three years of its administration.”

•Section 16 Decisions Based on Value Added: The Senate amendment states that the value-added progress dimension rating issued for the 2014-2015 school year to assess student academic growth for purposes of teacher evaluations will not be used when making decisions regarding the dismissal, retention, tenure, or compensation of the district’s or school’s teachers.

2) Senate Passes HB483 (Amstutz) MBR-Operations

The Ohio Senate approved on May 21, 2014 HB483 (Amstutz) by a vote of 24 to 8. The bill includes appropriations for a variety of programs including those for education and community-based programs for the arts, and several changes in state tax policies, which will reduce state tax revenue by more than $400 million, according to reports.

Among the amendments added by the Senate is an acceleration of the 10 percent income tax cut included in HB59 (Amstutz) Biennial Budget, and an increase in the small business income tax credit from 50 to 75 percent for tax year 2014 on up to $250,000 of Ohio income.

The Earned Income Tax Credit was also increased from five percent to the federal credit of 10 percent to help middle and low-income residents.

The Senate also added an amendment that requires municipal corporations with income taxes to annually report to the tax commission the amount of tax revenue collected from residents and nonresidents.

The bill now includes SB52 (Coley), which limits who can file claims to challenge property values. The county recorder is allowed, but not required, to make challenges on behalf of school districts and local governments. The bill allows school districts to respond to claims by taxpayers who challenge their property values as being set too high, but school districts can no longer initiate a challenge of property values.

(See “Small Solutions to Ohio’s Big Problems in Senate Budget Bill”, Policy Matters Ohio, May 22, 2014 at
http://www.policymattersohio.org/senate-may2014)

Regarding education policies, the Senate removed the dropout prevention and recovery provisions and the $5 million in appropriations to support the provision; eliminated a $200,000 earmark for STEM schools; creates a line item for school security grants and allows nonpublic schools to participate; adjusts the appropriations for the Cleveland Scholarship program to fully fund it, rather than expand the EdChoice Scholarship Program; and provides $10 million for the Career Advising and Mentoring program.

The following is a summary of some provisions included in the Senate version of HB483:

•NEW Section 3302.15 Ohio Innovative Lab Network: Creates the Ohio Innovative Lab Network for up to 10 school districts. A school district that is a member can request from the Superintendent of Public Instruction a waiver for up to five school years from administering the state achievement assessments and related requirements. A district that obtains a waiver under this section shall use the alternative assessment system, as proposed by the district or school and as approved by the state superintendent, in place of the current required assessments. (This provision is also included in HB487.)

•Section 3303.41 Council on People with Disabilities: Changes the membership requirements and succession requirements for the chairman, and makes other changes for the Council on People with Disabilities.

•NEW Section 3313.351 Attorney General/websites: States that the attorney general may educate school districts about contracting with any entity that provides students with account-based access to a web site or an online service, including electronic mail.

•Section 3313.372 Energy Conservation: Requires an energy services company to provide a surety bond upon the request of a board of education, and describes the requirements of the bond.

•NEW Section 3313.902 Adult Career Opportunity Pilot Program: Creates the Adult Career Opportunity Pilot Program, which will enable an eligible student to obtain a high school diploma from an eligible institution. Institutions must obtain approval to institute the program from the state board of education and the chancellor.

A program shall be eligible for this approval if it satisfies all of the following requirements:
-The program allows an eligible student to complete the requirements for obtaining a high school diploma while completing requirements for an approved industry credential or certificate.
-The program includes career advising and outreach.
-The program includes opportunities for students to receive a competency-based education.

The superintendent of public instruction, in consultation with the chancellor, shall adopt rules for the implementation of the adult career opportunity pilot program, including the requirements for applying for program approval.

•Sections 3314.08, 3313.64, or 3313.65 and 3317.02 State Funding for Career Tech: The bill makes changes in how payments are calculated for students in career technical education programs.

•REMOVED NEW Section 3314.38 Dropout Prevention and Recovery Programs/Charter School; Removes NEW Sections 3317.23 Dropout Prevention and Recovery Programs/School Districts; NEW Section 3317.24 Dropout Prevention and Recovery/Joint Vocational School Districts; and NEW Section 3345.86 Dropout Prevention and Recovery/Community Colleges.

•Section 3317.217 Computation of Targeted Assistance: Includes students attending STEM schools in the ADM of school districts regarding the Targeted Assistance calculation.

•Section 3317.06 Nonpublic School Allowable Purchases: Allows public funds to be used to purchase or lease equipment for emergency communications systems, school entrance security systems, or both for placement in nonpublic schools within the district.

•Section 3318.36 School Facilities: Defines “tangible personal property phase-out impacted district” as a school district for which the taxable value of its tangible personal property for tax year 2005, excluding the taxable value of public utility personal property, made up eighteen per cent or more of its total taxable value for tax year 2005. Makes changes regarding the participation and ranking of tangible personal property phase-out impacted districts in the Ohio School Facilities Program.

•Section 3326.29 Ohio Innovative Lab Network: A STEM school established under this chapter may submit to the superintendent of public administration a request for a waiver from administering the state achievement assessments and related requirements in the manner prescribed by that section as if it were a school district. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

•Section 3345.56 Student Unions: States that a student attending a state university as defined in section 3345.011 of the Revised Code is not an employee of the state university based upon the student’s participation in an athletic program offered by the state university.

•Section 3358.03 State Community College District: Makes changes in the membership of the board of trustees of state community college districts.

Temporary Law and Funding

•Section 263.230 Career Technical Planning Districts: Any remaining funds in each fiscal year from a $2 million set aside for career-technical planning districts will be reimbursed to the Department of Youth Services and the Department of Rehabilitation and Correction for individuals in these facilities who have taken the GED for the first time. The amounts reimbursed shall not exceed the per-individual amounts reimbursed to other individuals under this section for each section of the GED.

-Of the foregoing appropriation item 200550, Foundation Funding, up to $18,713,327 in fiscal year 2014 and up to $26,213,327 in fiscal year 2015 will be used to support school choice programs. This is an increase of $7.5 million from the current level of support.

•Section 263.240 and 263.250 Joint Vocational School Districts: Makes changes regarding funding for joint vocational school districts.

•263.270 Adult Career Opportunity Pilot Program: The foregoing appropriation item 200654, Adult Career Opportunity Pilot Program, shall be used by the Superintendent of Public Instruction to award and administer planning grants for the Adult Career Opportunity Pilot Program established in section 3313.902 of the Revised Code.

The Superintendent may award grants of up to $500,000 to not more than five eligible institutions. The grants shall be used by selected eligible institutions to build capacity to implement the program beginning in the 2015-2016 academic year.

The Superintendent of Public Instruction and the Chancellor, or their designees, shall develop an application process to award these grants to eligible institutions geographically dispersed across the state. Any remaining appropriation after providing grants to eligible institutions may be used to provide technical assistance to eligible institutions receiving the grant.

The Superintendent, in consultation with the Chancellor, the Governor’s Office of Workforce Transformation, the Ohio Association of Community Colleges, Ohio Technical Centers, Adult Basic and Literacy Education programs, and other interested parties as deemed necessary, or their designees, shall develop recommendations for the method of funding and other associated requirements for the Adult Career Opportunity Pilot Program.

The Superintendent shall provide a report of the recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2014.

•Section 263.320 Career Advising and Mentoring Program: The foregoing appropriation item 200629, Career Advising and Mentoring ($10 million), shall be used by the State Superintendent of Public Instruction to create the Career Advising and Mentoring Grant Program.

The Superintendent shall develop guidelines for the grants. The program shall award competitive matching grants to provide funding for local networks of volunteers and organizations to sponsor career advising and mentoring for students in eligible school districts.

Each grant award shall match up to three times the funds allocated to the project by the local network. Eligible school districts are those with a high percentage of students in poverty, a high number of students not graduating on time, and other criteria as determined by the State Superintendent.

Eligible school districts shall partner with members of the business community, civic organizations, or the faith-based community to provide sustainable career advising and mentoring services.

Section 263.325 Straight A Grant Program: Grants awarded under this section may be used by grant recipients for grant-related expenses incurred for a period not to exceed two years from the date of the award according to guidelines established by the Straight A Fund governing board.

###

Joan Platz
Director of Research

Ohio Alliance for Arts Education
77 South High Street Second Floor
Columbus, OH 43215
614-446-9669 - cell
joan.platz@gmail.com

Please note that my account at
jplatz@chemistry.ohio-state.edu
will soon be deactivated. Please transition to my gmail account. Thank you.

 

From: Ann Brennan

Am.HB 264 regarding care for students with diabetes in the schools, was reported out of the Senate Medicaid, Health and Human Services Committee on May 28. It may be voted on in the Senate next week. A summary of the bills provisions is as follows:

Am. HB 264 provisions: Regarding care for students with diabetes in schools.

Requires that a school governing authority, including a board of education, ensure
that each student with diabetes receives appropriate and needed diabetes care in
accordance with an order signed by the student's treating physician.

Specifies that certain diabetes care tasks be provided in schools, including blood
glucose monitoring and the administration of insulin and other medications.

Requires that a school governing authority notify the student's parent, guardian, or
other person having care or charge of the student that the student may be entitled to
a 504 plan under federal law.

Requires that the Ohio Department of Education develop a 504 plan information
sheet as well as adopt nationally recognized guidelines for the training of school
employees in diabetes care.

Permits a school governing authority to provide diabetes care training to school
employees.

Permits a school governing authority to train certain school employees and bus
drivers in the recognition and treatment of diabetes-related emergencies.

Requires that a student with diabetes be permitted to attend the school that the
student would otherwise attend if the student did not have diabetes.

Allows a student with diabetes to manage the student's own care if the student's
treating physician determines that the student is capable of doing so.

Specifies that a school employee is not subject to disciplinary action under school or
district policies for providing care or performing duties under the bill.

Grants qualified immunity from civil liability to school employees, boards of
education, and other school governing authorities for activities authorized by the
bill.

Requires that a school governing authority report annually to the Ohio Department
of Education the number of students with diabetes enrolled in the district and the
number of errors associated with the administration of diabetes medication.

Requires that the Department annually issue and make available on its website a
report summarizing the information received.

Here is the link for the HB 264 LSC analysis: http://www.lsc.state.oh.us/analyses130/h0264-ph-130.pdf

FROM: Ann Brennan

FYI: Important update, note the update on the Senate passed HB 487 (MBE education), including all of the amendments added to it in the Senate Education Committee.

Ohio Alliance for Arts Education
Arts on Line Education Update
Joan Platz
May 26, 2014

1) Ohio News

•130th Ohio General Assembly: The Ohio House and Senate will hold hearings and sessions this week.

Last week the Senate approved several Mid Biennial Review Bills (MBR), but the House refused to concur with the Senate changes for some, sending HB483 (Amstutz) MBR-Operations and HB487 (Brenner) MBR Education, into conference committees. Lawmakers still anticipate completing legislative activity and adjourning for the summer campaign trail once the conference committees have completed their work.

A more detailed look at HB483 and HB487 is included at the end of this report.

•Governor Appoints Another State Board Member: Governor Kasich announced on May 23, 2013 the appointment of Melanie Bolender of Mount Vernon to the State Board of Education to replace Stanley Jackson, who was not reappointed upon the end of his term. Ms. Bolender is the director of development for the Ohio Eastern Star Home. Her term expires on December 31, 2016.

The State Board of Education consists of 11 elected members and 8 members appointed by the governor. The governor also appoints members to fill empty seats, and with the resignation of Jeff Mims in December 2013, Governor Kasich has one more appointment to make to bring the board to full membership.

•This Week at the Statehouse:

-Senate Education Committee: The Senate Education Committee, chaired by Senator Lehner, will meet on May 27, 2014 at 1:30 PM, in the South Hearing Room, and on May 28, 2014 at 4:00 PM in the South Hearing Room. The committee will receive testimony on the following bills:

May 27, 2014
-HB171 (McClain/Patmon) Released time Courses-Religious Instruction
-HB193 (Brenner) High School Diploma Requirements
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

May 28, 2014
-HB393 (Baker/Landis) Career Decision Guide Publication
-HB362 (Scherer/Derickson) STEM School

-House Education Committee: The House Education Committee, chaired by Representative Stebelton, will meet on May 28, 2014 at 9:00 AM in Hearing Room 313. The committee will receive testimony on the following bills:
-HB470 (Barnes) School Bullying Prevention Awareness Act
-HB454 (Gonzales) Concealed Carry-School Safety Zone

-Straight A Fund: The Straight A Fund Governing Board will meet on May 27, 2014 at 9:00 AM in the Ohio Department of Education, 25 South Front Street, Columbus.

2) Update on Legislation: Last week the Ohio House and Senate approved and exchanged several bills as lawmakers worked to complete their legislative agenda before the summer recess. The following is an update of Senate and House actions on legislation related to K-12 education.

•Senate Action

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Approved.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments. Approved.

-HB492 (Scherer) MBR Taxation: Provides authorization and conditions for the levy and administration of taxes in this state. Informally Passed May 22, 2014. Approved.

•Senate Finance Committee

-HB486 (Baker/Stebelton) MBR Workforce and Economic Development Programs: To establish the adult career opportunity pilot program; to revise the coordination of workforce development and economic development programs; to synchronize the due dates of several reports due from the Development Services Agency, the Ohio Venture Capital Authority, and the Third Frontier Commission; to revise the law regarding innovation financial assistance and research and development financial assistance; and to permit the Director of Commerce, the State Fire Marshal, and the Ohio Construction Industry Licensing Board to establish compliance incentive programs. Reported on May 20, 2014.

•House Action

-HB484 (Rosenberger-Brown), MBR Higher Education: With respect to the coordination and administration of higher education programs. The Ohio House concurred with Senate Amendments by a vote of 88-0 on May 21, 2014.

-HB483 (Amstutz) MBR Appropriations: To make operating and other appropriations and to provide authorization and conditions for the operation of state programs. Failed to concur with Senate amendments.

-HB487 (Brenner) MBR Education: With regard to education provisions for students in grades kindergarten through twelve. Failed to concur with Senate amendments.

House Education Committee

-HB460 (Brenner/Driehaus) School Restructuring: Authorizes school districts and community schools to initiate a community learning process to assist and guide school restructuring. Reported on May 21, 2014.

3) National News

•GAO Probe Sought by Lawmakers: Three Congressmen have requested that the Government Accountability Office (GAO) investigate school district practices and how they impact racial and socioeconomic integration and student outcomes. The lawmakers include Representatives George Miller (D-CA), John Conyers (D-MI), and Robert Scott (D-VA). In a May 16, 2014 letter to Gene L. Dodaro, Comptroller General at the GAO, the lawmakers noted their concern that “inequity persists in public education and more must be done to fully realize the promise of Brown”, referring to the 60th anniversary of the Supreme Court decision in Brown v. Board of Education. The letter is available at
http://democrats.edworkforce.house.gov/sites/democrats.edworkforce.house.gov/files/documents/5.16.14-GAORequestreBrown.pdf

•Senators Draft Federal Student Privacy Law: Benjamin Herold reports on May 14, 2014 for Education Weeks’ Digital Education Blog that Senators Edward Markey and Orrin Hatch released a draft bill to amend the Family Educational Rights and Privacy Act (FERPA) of 1974. The amendment would do the following:

-Mandate new data-security safeguards for private companies
-Prohibit the use of personally identifiable student information for advertising
-Provide parents with the right to access and amend their children’s information
-Require districts to maintain a record of all the outside companies that have access to student information
-Promote “data minimization,” by seeking to meet data requests with non-personally identifiable information wherever possible; and
-Require that all personally identifiable information held by outside parties eventually be destroyed in order to prevent private companies from maintaining permanent dossiers on students.

In December 2011 the U.S. Department of Education issued new FERPA regulations that allowed educational institutions and agencies to disclose student personally identifiable information to third parties without first obtaining the consent of students or parents. Senator Markey requested that the U.S. DOE issue guidelines about how schools should protect the privacy of students. Such guidelines were issued in February 2014, but include exceptions to FERPA for directory information, school officials, studies, and audits or evaluations.

See “Draft Overhaul of Federal Student Privacy Law Released by U.S. Senators Markey, Hatch” by Benjamin Herold, Education Week, Digital Blog, May 14, 2014
http://blogs.edweek.org/edweek/DigitalEducation/2014/05/draft_overhaul_of_federal_stud.html

See also “Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices”, U.S. DOE, April 1, 2014. http://ptac.ed.gov/sites/default/files/Student%20Privacy%20and%20Online%20Educational%20Services%20%28February%202014%29.pdf

See also “FERPA Exceptions—Summary” at
http://ptac.ed.gov/sites/default/files/FERPA%20Exceptions_HANDOUT_horizontal_0.pdf

4) Lorain School Superintendents Say “Unmake” Changes: Michael Sangiacomo reports for the Plain Dealer on May 22, 2014 that sixteen school superintendents in Lorain County are urging lawmakers to “unmake” changes in education policy that are threatening the public school system. The superintendents were gathered at meeting held at the Lorain County Community College on May 21, 2014, and identified as troublesome state and federal education policies that were developed without local input and do not align with what is best for local communities. These include excessive student testing, overly strict teacher evaluations, loss of state funding to charter and online schools, the Third Grade Reading Guarantee, and other cuts in funding for schools. The superintendents recommended an increase in state-funded pre-kindergarten, a fair system to fund charter schools, and a return to local control as strategies to improve local schools.

The superintendents targeted state policies for funding charter schools, e-schools, and nonpublic schools as a particular problem, because school districts often pay-out more to these schools than what they receive from the state. According to the article, “A school district gets an average of $3,540 per student from the state, the group said. By contrast, Ohio pays a charter school an average of $7,189 per student, supplies an “e-school” that provides teaching over the Internet an average of $6,658 per student, and gives a voucher with an average worth of $6,774 per student to a private school.”

See “School Superintendents in Lorain County Want State to Return Power to the Districts” by Michael Sangiacomo, The Plain Dealer, May 22, 2014 at
http://www.cleveland.com/avon-lake/index.ssf/2014/05/lorain_school_superintendents.html#incart_river

See also “What’s Best for Lorain County’s Schools? An Executive Summary of the Report from the Superintendents of Lorain County” March 2014 at
http://www.restorelocalcontrol.org/our-survey-results.html

The above report includes the results of a survey of registered voters sponsored by the Lorain County school superintendents and conducted in January 2014 by Burges and Burges. The survey was supported by a grant from Martha Holden Jennings, Nordson Corporation, Nord Family, and Stocker Foundations. The superintendents followed-up the survey with a series of public meetings, and summarized what they learned in an executive summary prepared in March 2014. The following are some of the findings of the survey and the public meetings:

A majority of residents in Lorain County believe that
-their school districts are doing an excellent or good job
-high quality teachers are the most important indicator of a high quality education
-earning high marks on the state report card isn’t that important
-increased state testing has not helped students
-decisions are best made at the local level
-preschool education-especially for those students from poverty--should be expanded (and they said they would increase their taxes to support it.)
-school finance is the biggest challenge facing our schools,
-their local tax dollars should not be going to support private schools and for-profit and online charter schools.

5) Another Study Questions VAM: Researchers Morgan Polikoff (USC) and Andrew Porter (University of Pennsylvania) published a study on May 12, 2014 that examines teachers’ instructional alignment with state standards and assessments and how it is associated with their contribution to student learning and their effectiveness, measured by value added models (VAMs).

The researchers evaluated data gathered from 327 forth and eighth grade math and English teachers in six school districts. The teachers were a sub-sample from the Bill and Melinda Gates foundation’s Measures of Effective Teaching (MET) study. The teachers were asked to complete the Surveys of Enacted Curriculum (SEC) content taxonomies, which was used in the study to measure instructional alignment for targeted classes. Teacher effectiveness was measured using the Tripod student survey. The teachers also video-recorded a classroom lesson, which was rated for quality of pedagogy using the Framework for Teaching (FFT) protocol. The MET projects value-added estimates were used to provide student achievement data.

According to the researchers the results of the study were disappointing: “Simply put, the correlations of value-added with observational measures of pedagogical quality, student survey measures, and instructional alignment were small.”

The researchers then identified some possible reasons for the results:

-“One interpretation of this conclusion is instructional alignment and pedagogical quality are not as important as standards-based reform theory suggests for affecting student learning.”

-“A second interpretation is that instructional alignment and pedagogical quality are as important as previously thought, but that the SEC and FFT do not capture the important elements of instruction.”

-“A third interpretation of our findings is that the tests used for calculating VAM are not particularly able to detect differences in the content or quality of classroom instruction.”

The researchers conducted further research to eliminate possible reasons, but in the end concluded, “Low correlations raise questions about the validity of high-stakes (e.g., performance evaluation) or low-stakes (e.g., instructional improvement) inferences made on the basis of value-added assessment data. Taken together with the modest stability of VAM measures (e.g., McCaffrey, Sass, Lockwood, & Mihaly, 2009), the results suggest challenges to the effective use of VAM data. At a minimum, these results suggest it may be fruitless for teachers to use state test VAMs to inform adjustments to their instruction. Furthermore, this interpretation raises the question—If VAMs are not meaningfully associated with either the content or quality of instruction, what are they measuring?”

See “Instructional Alignment as a Measure of Teaching Quality” by Morgan S. Polikoff (University of Southern California) and Andrew C. Porter (University of Pennsylvania), Educational Evaluation and Policy Analysis, American Educational Research Association, May 2014 at
Educational Evaluation and Policy Analysis 0162373714531851, first published on May 12, 2014
http://epa.sagepub.com/content/early/2014/04/11/0162373714531851.full.pdf+html?ijkey=Uwvo4Eg6.hQHI&keytype=ref&siteid=spepa

6) State Accountability Systems Must Change: Linda Darling Hammond, the Charles E. Ducommun Professor of Education, Stanford University, and Randi Weingarten, President, American Federation of Teachers, write for the Huff Post Education Blog that current state school accountability systems, which punish children, educators, and schools, must change.

They write that the use of a one-time high stakes tests “cannot capture the broader aspirations embedded in the new standards for problem solving, inquiry, team building, communication, collaboration, persistence, and other challenging skills.”

Greater investments in professional capacity will be needed to implement the new standards, especially for underfunded schools that serve highest-need students. And, the use of sanctions as an incentive to improve schools elicits the wrong responses, including teaching to the test and narrowing the curriculum.

Instead of the test and punish approach, they recommend the support and improvement model:

“1) curriculum, teaching, and assessment focused on meaningful learning, 2) adequate resources that are spent wisely, and 3) professional capacity, so that teachers and school leaders develop the knowledge and skills they need to teach much more challenging content in much more effective ways.”

According to the authors, California is currently using this model, and has invested an additional $1.25 billion to address student needs. As a result California reported its highest graduation rate of 80 percent this year, and the greatest growth on the National Assessment of Educational Progress between 2011-2013.

The authors write, “At the end of the day, the path on which California has embarked is more likely to produce a truly accountable educational system -- one that ensures all students experience engaging learning in supportive schools that help them pave a path to a productive future, not just another test.”

See “It’s Time for a New Accountability in American Education” by Linda Darling Hammond and Randi Weingarten, Huff Post Education Blog, May 19, 2014 at http://www.huffingtonpost.com/linda-darlinghammond/its-time-for-a-new-accoun_b_5351475.html

7) Bills Introduced

•HB556 (Rogers) Property Tax Rollbacks Restoration: To restore the application of the 10 percent and 2.5 percent property tax rollbacks to tax levies approved on or after the effective date of Am. Sub. H.B. 59 of the 130th General Assembly.

•HB546 (Dovilla/Antonio) Licensure-Music Therapists: To require the licensing of music therapists and to require the regulation of the licensing and practice of music therapists.

•HB547 (Fedor/Patterson) Community School Teacher Evaluation: To apply the state teacher evaluation system to teachers in community schools.

•HB548 (Fedor) Community School Study Committee: To establish a committee to study the effectiveness of community schools and community school regulations.

•HB549 (Fedor) Third Grade Reading Guarantee Delay: To delay until the 2015-2016 school year retention of third grade students and requirements for teachers who provide instruction to third grade students under the Third Grade Reading Guarantee, to provide for a subsidy for reading intervention services, and to make an appropriation

FYI ARTS

1) Update on the National Core Arts Standards: The National Coalition for Core Arts Standards (NCCAS) will host a “virtual launch” of The National Core Arts Standards on June 4th, 2014 at 1:00 – 3:00 PM EDT. Registration to participate in this live streamed event is at http://tinyurl.com/lrsajg9.

Over the past months writing teams have been reviewing comments about the standards, which were made available for review in February 2014, and include standards for dance, drama/theatre, media arts, music, and visual art. The writing teams represent teachers, artists, representatives from state and national organizations and agencies, including the following:

Americans for the Arts
American Alliance for Theatre and Education (AATE)
Educational Theatre Association (EdTA)
The College Board
National Association for Music Education (formerly MENC)
National Art Education Association (NAEA)
National Dance Education Organization (NDEO)
State Education Agency for Directors of Arts Education (SEADAE)
Media Arts Committee of the National Coalition for Core Arts Standards
Young Audiences

2) Turnaround Arts to Expand: George Stevens Jr. and Margo Lion co-chairs of the President’s Committee on the Arts and Humanities (PCAH), announced on May 20, 2014 that the Turnaround Arts pilot school initiative will expand from its original eight schools to 35 schools in 10 states — Iowa, Massachusetts, Connecticut, Louisiana, Oregon, Montana, Colorado, California, Illinois, Minnesota — and the District of Columbia, with plans to expand to 60 schools across the country in the future. The announcement was made at the first Turnaround Arts Talent Show, held at the White House and hosted by First Lady Michelle Obama, Honorary Chair of the President’s Committee on the Arts and Humanities.

The PCAH launched the Turnaround Arts project in May 2012 in partnership with the U.S. Department of Education and the White House Domestic Policy Council to test the hypothesis “...that high-quality and integrated arts education can be an effective tool to strengthen school reform efforts-boosting academic achievement and increasing student motivation in schools facing some of the toughest educational challenges in the country.”

Other partners include the Herb Alpert Foundation, the Rosenthal Family Foundation, the Keith Haring Foundation, Crayola LLC, the National Association of Music Merchants (NAMM) Foundation and Music Theater International. The program is administered in partnership with Americans for the Arts. Local program partners include: Academy of Urban School Leadership, Chicago, IL; Boston Public Schools, Boston, MA; CREATE CA, Los Angeles, CA; Des Moines Public Schools, Des Moines, IA; George Rodrigue Foundation of the Arts, Baton Rouge, LA; and Perpich Center for Arts Education, Minneapolis, MN.

Turnaround Arts is funded through a public-private partnership with the U.S. Department of Education, the National Endowment of the Arts, the Ford Foundation, and other private foundations and companies. The expanded program will provide over $5 million over the next three years to infuse the arts into low performing schools. Local partners will provide an additional $12 million to support additional visual art teachers, music teachers, and artists; to purchase art supplies, musical instructions; and provide additional resources to integrate all subjects areas with the arts.

To support the expansion of the program the PCAH announced a number of new “Turnaround Artists,” who will work with the individual schools: Chad Smith, Clarence Greenwood (aka Citizen Cope), Doc Shaw, Elizabeth Banks, Elton John, Frank Gehry, Jason Mraz, Jesse Tyler Ferguson, Josh Groban, Marc Anthony, Rashida Jones, Russell Simmons, the Silk Road Ensemble, Tim Robbins and Troy Andrews (aka Trombone Shorty). These artists join PCAH members who are currently working with the program, including Alfre Woodard, Chuck Close, Damian Woetzel, Forest Whitaker, John Lloyd Young, Kal Penn, Kerry James Marshall, Kerry Washington, Sarah Jessica Parker, and Yo-Yo Ma.

An interim evaluation of the program conducted by Booz Allen Hamilton and the Urban Education Institute at the University of Chicago shows that participating schools are demonstrating “improved academic performance, increased student and parent engagement, and improved culture and climate.”

All schools participating in Turnaround Arts will receive training and resources to address their individual needs. Resources will include a summer leadership program, in-school professional development, partnerships with community arts education and cultural organizations, art supplies and musical instruments. Participating artists will “adopt” Turnaround Arts schools for the length of the program, working with students, schools and communities to highlight their success.

See “Committee On The Arts And Humanities Announces Expansion Of Turnaround Arts Program”, May 20, 2014 at
http://www.whitehouse.gov/the-press-office/2014/05/20/committee-arts-and-humanities-announces-expansion-turnaround-arts-progra

See “Turnaround Arts Initiative Progress Report 2013” by Sara Ray Stoelinga, Urban Education Institute Katie Joyce, Booz Allen Hamilton, and Yael Silk, Silk Strategic Arts, President’s Committee on Arts and Humanities, at
http://turnaroundarts.pcah.gov/news/

3) New Director of the Cleveland Museum of Art Named: The Cleveland Museum of Art’s Board of Trustees, Steven Kestner, chairman, announced on May 19, 2014 the selection of William M. Griswold as its 10th director. Dr. Griswold is currently the director of the Morgan Library & Museum in New York City, but has also worked at the J. Paul Getty Museum, the Minneapolis Institute of Arts, and the Metropolitan Museum of Art. He earned his bachelor’s degree at Trinity College, Hartford, Connecticut, and his Ph.D. at the Courtauld Institute of Art, London. The museum has recently completed a $350 million expansion project, and is preparing to celebrate its 100th anniversary in 2016.

See http://www.clevelandart.org/blog/2014/05/19/introducing-william-m.-griswold.

4) South Arts Releases Two Reports: South Arts, a nonprofit regional arts organization located in Atlanta, GA, released on May 15, 2014 two reports entitled Arts Education in the South Phase I: Public School Data and Principals’ Perspectives by Allen Bell and Arts Education in the South Phase II: Profiles of Quality by Joel Baxley, Susanne Burgess, Laurie Melnik, and Marissa Nesbit.

The reports examine access to and the quality of arts education programs in K-12 public schools in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee through a “set of quantitative and qualitative research.”

The reports were commissioned by South Arts with funding from the National Endowment for the Arts and nine participating state arts agencies.

In the first phase of the research, data was collected from 4,400 principals representing about 29.3 percent in the region. The second phase of the research includes nine case studies conducted by the Southeast Center for Education in the Arts at the University of Tennessee at Chattanooga.

According to the press release about the reports, “The data for responding schools is broken down to show results as an overview of the entire region, as well as by state and by school level. Among the report’s key findings are that, in general, the South as a region offers less access to visual arts and music than the national average: 71% of responding schools offer visual arts and 80% offer music, compared with national averages exceeding 83% and 91% respectively. Access to theatre at 22% is close to the national average, and dance exceeds the national average with 22% in the South compared to less than 10%. Results for individual states within the region, however, are highly variable.”

“The qualitative research, conducted by the Southeast Center for Education in the Arts at University of Tennessee Chattanooga, examined the traits of quality arts education in nine strong school programs. The study revealed four primary themes prevalent throughout these schools.

•The importance of relationships: All of the stakeholders in arts education (students, parents, teachers, and administrators) repeatedly identified a sense of community, feelings of acceptance and accomplishment, and pride in their programs.
•A shared vision of the arts: Successful programs also shared a sense of a unified mission throughout the district supported by strong leadership. The specific visions varied from district to district, but permeated the schools.
•The arts are core curriculum: In these districts, arts are planned according to state and national standards and not isolated from the rest of a school’s curriculum. In programs that considered the arts as core, arts instruction did not serve as an extracurricular option, and was perceived as an important part of the whole curriculum.
•Students are inducted into the working world of artists: These model districts also went beyond allowing students to make art: they allowed them opportunities to be artists through advanced social content and context.”

See “South Arts Releases Reports Analyzing Access to and Quality of Arts Education in the South”, May 15, 2014 at http://www.southarts.org/resources/research-and-publications/research/arts-education/

****More Details on HB487 (Brenner) MBR Education and HB483 (Amstutz) MBR Operations

1) Senate Passes HB487 (Brenner) MBR Education: The Senate Education Committee, chaired by Senator Lehner, approved on May 20, 2014 two omnibus amendments before reporting HB487 (Brenner) MBR Education. The Senate approved the bill on May 21, 2014 by a vote of 27 to 5.

Some of the 50 or so Senate amendments respond to the concerns raised by parents, students, teachers, and administrators, who are questioning the implementation of so many education policy changes at one time, including the Common Core State Standards, aligned state testing, teacher evaluation, new accountability consequences, and the Third Grade Reading Guarantee. The Senate version delays consequences for schools and teachers for a year, and includes language to bolster local control over curriculum decisions, and to ensure that student data is secure.

The Senate version also includes SB229 (Gardner) Teacher Evaluations as approved by the Senate. Currently the House Education Committee is hearing a Substitute SB229 that is quite different than the version approved by the Senate in December 2013. The Senate version relaxes some of the requirements for annual teacher evaluations and the percent of the evaluation based on student value added scores.

The following is a summary of HB487 that includes the Senate amendments and other provisions of the bill that were not changed by the Senate. The summary is based on a Research Memorandum prepared by the Ohio Legislative Service Commission and the bill.

Academic Content Standards

•Section 3301.078 Adopting Content Standards: The Senate amendment prohibits any official of the state or state board from entering into any agreement or memorandum of understanding with any federal or private entity that would require the state to cede any measure of control over the development, adoption, or revision of academic content standards.

Requires the State Board of Education (SBE) to establish standards to provide strict safeguards to protect the confidentiality of personally identifiable student data, in addition to the guidelines already required for the establishment and maintenance of the statewide Education Management Information System (EMIS).

•Section 3301.079 Requirements for Standards: The Senate amendment requires the SBE, when adopting academic content standards, to ensure that the standards emphasize “essential knowledge” instead of “rigor,” as in current law; include essential academic content and skills students are expected to know and do at grade level (as opposed to “core” content and skills as in current law); instill life-long learning by providing essential knowledge and skills based in the liberal arts tradition, as well as science, technology, engineering, mathematics, and career-technical education; and are clearly written, transparent, and understandable by parents, educators, and the general public.

Requires the SBE, in adopting or revising its academic content standards, to develop the standards in social studies, American history, American government, or science independently, and not as part of a multi-state consortium.

Requires the Ohio Department of Education (ODE) to post academic content standards on its website.

Creates the English language arts academic standards review committee, the mathematics academic standards review committee, the science academic standards review committee, and the social studies academic standards review committee.

Specifies the makeup of each committee, which must include prescribed experts, parents, and educators appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The state Superintendent and the Chancellor (or their designees) also are members of each committee.

Requires each committee to review the academic content standards for its respective subject area to ensure that such standards are clear, concise, and appropriate, and determine whether the assessments submitted to that committee are appropriate for the committee’s respective subject area and meet the academic content standards and community expectations.

Specifies that the assessments (and corresponding answers) received by the committees pursuant to this provision are not public records of the committees and are not subject to release by the committees to any other person or entity.

•NEW Section 3313.21 School District Local Control: The Senate amendment states that a school district board is the sole authority in determining and selecting textbooks, instructional materials, and academic curriculum for its schools.

Allows a school district board of education to permit educators to create instructional materials consistent with the board-adopted curriculum.

Specifies that nothing in the provision is intended to promote or encourage the use of any particular text or source material statewide.

•NEW Section 3313.72 and 3313.212 Parent Advisory Committees: The Senate amendment requires each school district board of education to establish a parental advisory committee, or another method for review, to provide an opportunity for parents to review the selection of textbooks and reading lists, instructional materials, and the academic curriculum used by schools in the district.

Academic Distress Commission

•Section 3302.10 Academic Distress Commission: The Senate amendment specifies that a school district is subject to the establishment of an academic distress commission if, for three or more consecutive years, a district has been declared to be in a state of academic emergency and has failed to make adequate yearly progress; the district has received a grade of “F” for the performance index score and a grade of “D” or “F” for the value-added progress dimension for the 2012-2013 or 2013-2014 school years; or the district has received an overall grade of “F.”

Accountability/Report Cards

•Section 3302.03 Value Added: The Senate amendment changes the calculation of the overall value-added progress dimension score for the annual state report cards so that the ODE uses either up to three years of value-added data or value-added data from the most recent school year, whichever results in a higher score.

Removes the House requirement for the ODE to use only assessment scores from students who have taken assessments at the school for at least two of the most recent school years in determining the value-added progress dimension grade for a school district or school on the report cards.

In adopting benchmarks for assigning letter grades the state board shall determine progress made based on the reduction in the total percentage of students scoring below grade level, or below proficient, compared from year to year on the reading and writing diagnostic assessments.

The amendment also requires the ODE to include on a school or district’s report card the percentage (rather than number) of students who have earned credit in advanced standing programs (formerly dual enrollment), such as college credit plus program (CCP) (formerly post-secondary enrollment options) and career technical courses.

•Section 3302.036 Report Card Letter Grade: This section delays the assignment of an overall report card letter grade for school districts or buildings for the 2014-2015 schools year, and as a result exempts schools/districts, STEM schools, and community schools from the consequences associated with the report card results. The bill states that report card ratings for the 2014-2015 school year shall have no effect in determining sanctions or penalties, but shall not create a new starting point for determinations that are based on ratings over multiple years.

•Section 9 Temporary Law: The Senate amendment permits a school district, community school, or STEM school to enter into a memorandum of understanding with its teachers’ union that stipulates that the value added progress dimension rating issued for the 2014-2015 school year will not be used when making decisions regarding teacher dismissal, retention, tenure, or compensation.

Age and Schooling Certificate

•Sections 3321.07, 3321.08, Section 3331.04 Age and Schooling Certificate: The Senate amendment makes changes regarding the age and schooling certificate and restores provisions of the “as introduced” version of the bill regarding the diploma, credential, or certification that a career-technical, commercial, or other special type of school must provide in order for a child to attend that school instead of high school.

Assessments

•Section 3301.0715 Diagnostic Assessments: Requires school districts to administer diagnostic assessments, but states that this section does not apply to students with significant cognitive disabilities.

Any district that received a grade of “A” or “B” for the performance index score or for the value-added progress dimension for the immediately preceding school year, may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section regarding reading.

The ODE may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the progress in literacy and report card ratings.

•Section 3301.163 Third Grade Reading, Scholarship Students: The bill requires students who receive vouchers to attend nonpublic schools beginning July 1, 2015 to be subject to the third-grade reading guarantee retention provisions. The bill requires that nonpublic schools participating in the voucher programs adopt policies and procedures regarding students who do not read at grade level, provide services, and report the number of students reading at grade level, and the number of students not reading at grade level to the ODE.

•Section 10 Temporary Law Online Assessments: Prohibits the ODE, for the 2014-2015 school year, from requiring a district or school to administer state achievement assessments in an online format, but permits a district or school to administer any of those assessments in an online format or in a combination of online and paper formats, at the discretion of the district board or school governing authority.

Requires the ODE to furnish, free of charge, all required assessments regardless of format selected by the district or school.

•Section 9 in Temporary Law Reasonable Testing: Requires the state Superintendent to submit a report, not later than January 15, 2015, to the Governor and the General Assembly that includes a review of the number of elementary and secondary assessments required to be administered under the state assessment system, and the state Superintendent’s recommendations for decreasing the number of assessments, and the number of designated dates for, and the duration of, the administration of such assessments, to ensure that the extent of testing is reasonable.

•Section 9 in Temporary Law Regarding the Third Grade Reading Assessment: The Senate amendment specifies which English language arts assessments will be administered to third grade students in the 2014-2015 school year.

Requires the Department of Education to develop a method to determine the equivalence between the scores from each assessment for purposes of calculating a district’s or school’s grades on the state report card.

•Section 3301.0711 and Section 10 in Temporary Law Assessments as Public Records: These sections state that the administration of the elementary assessments in the 2011-2012, 2012-2013, and 2013-2014 school years shall not be a public record. A certain percent of questions included in state assessments under Section 3301.0710 (B) each year will be released to the public, and requires that the ODE make the questions that become a public record under this division readily accessible to the public on the department’s web site. Questions on the spring administration of each assessment shall be released on an annual basis, in accordance with this division.

Career Advising

•Section 3313.6020 Career Advising and Dropout Prevention: The bill states that beginning in the school year 2015-16 (rather than 2016-17) each city, local, exempted village, and joint vocational school district, charter school, and STEM school shall adopt a policy on career advising, and update it every two years. The policy on career advising will include the following:

-Provide students with grade-level examples that link their schoolwork to one or more career fields. A district may use career connections for this purpose.
-Create a plan to provide career advising to students in grades six through twelve
-Beginning in the 2015-2016 school year, provide additional interventions and career advising for students who are identified as at risk of dropping out of school
-Train its employees on how to advise students on career pathways, including training on advising students using online tools
-Develop multiple, clear academic pathways through high school that students may choose in order to earn a high school diploma
-Identify and publicize courses that can award students both traditional academic and career-technical credit
-Document the career advising provided to each student for review by the student, the student’s parent, guardian, or custodian, and future schools that the student may attend. A district shall not otherwise release this information without the written consent of the student’s parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old.
-Prepare students for their transition from high school to their post-secondary destinations, including any special interventions that are necessary for students in need of remediation in mathematics or English language arts.

The bill also requires each school district beginning in the 2015-2016 school year, to identify students who are at risk of dropping out of school using a method that is both research-based and locally-based and that is developed in consultation with the district’s classroom teachers and guidance counselors. If a student is identified as at risk of dropping out of school, the district shall develop a student success plan that addresses the student’s academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway. The plan will be developed with student’s parent, guardian, or custodian to assist in developing the plan. If the student’s parent, guardian, or custodian does not participate in the development of the plan, the district shall provide to the parent, guardian, or custodian a copy of the student’s success plan and a statement of the importance of a high school diploma and the academic pathways available to the student in order to successfully graduate. Following the development of a student success plan for a student, the district shall provide career advising that is aligned with the student’s plan beginning in the 2015-2016 school year.

The ODE will post on its website not later than December 1, 2014, model policies on career advising and model student success plans.

•Sections 3326.11, NEW 3326.29, 3326.36 STEM Schools: The Senate amendment requires STEM schools to comply with the career advisory efforts in Section 3313.6020.

Career Technical Education

•Section 3313.90 Career-Technical Education: The bill requires by 2015-2016 the expansion of career technical services to students enrolled in grades seven and eight (based on school district enrollment) and advising for career-technical education. The board of education of a city, local, or exempted village school district can adopt a resolution that specifies the district’s intent not to provide career-technical education to students enrolled in grades seven and eight for a particular school year. The resolution must be submitted to the ODE by the thirtieth day of September of that school year. The ODE will grant a waiver of the requirement for that district to provide career-technical education to students enrolled in grades seven and eight for that particular school year.

Charter Schools

•Section 3313.537 Extra-Curricular Activities/Community Schools: The bill permits students enrolled in charter schools and STEM schools to have access to extracurricular activities in the district of residence, or in another school district if approved by the district’s superintendent, if the activity is not offered at the school the student is enrolled in, and if the activity is not interscholastic athletics or contests or competitions in music, drama, or forensics.

•Section 3314.191 Requirements of Sponsors: The Senate amendment states that community school sponsors must document certain operations are in place before the ODE will distribute funds to community schools.

•Section 3314.352 Reopening a Permanently Closed Community School: Prohibits a community schools to reopen under another name if the new school has the same sponsor as the closed school; if the new school has the same chief administrator as the closed school; if the governing authority of the new school consists of the same members as the closed school; if 50 percent of the teaching staff and administrators is the same as the closed school; and if the performance standards and accountability plan prescribed by the sponsor are the same as the closed school.

REMOVES a provision that exempted Internet- and computer-based community schools from the bill’s prohibition against a community school that is permanently closed for academic failure reopening under another name with the same sponsor, chief administrator, governing authority members, majority teaching staff, majority administrative staff, or performance standards and accountability plan as the closed school.

•REMOVED Changes in Section 3314.016 Community School Sponsor Rating System: This House amendment stated that the ODE will develop and implement an evaluation system for sponsors of charter schools in “conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state.”

•Section 3314.03 Career Advising: The Senate amendment requires charter schools to comply with Section 3313.6020 regarding career advising.

Cleveland Metropolitan School District (CMSD)/Transformation Alliance

•Sections 3311.86, 3314.02, and 3314.029 Transformation Alliance: Replaces changes made to the Cleveland Metropolitan School District’s Transformation Alliance Plan in the House-passed version with the following:

Requires Transformation Alliance recommendations for “extending” a sponsor’s approval. Under current law, sponsors must request a recommendation from a Transformation Alliance when the ODE’s approval for a sponsor is granted or renewed (but not “extended”).

Permits the ODE to request from the Transformation Alliance, or the Transformation Alliance to independently offer, comment on the granting, renewal, or extension of an agreement with a sponsor of community schools when the sponsor has existing agreements with a community school located in CMSD.

Requires the Department to consider any Alliance comment in making decisions in granting, renewing, or extending agreements with sponsors.

Permits a school district board of education or governing board of an educational service center (ESC) to request from a Transformation Alliance, or a Transformation Alliance to independently offer, comment on the conversion of a school district school into a community school.

Requires a school district board or ESC governing board to consider any Alliance comment before entering into a preliminary agreement to create a conversion community school.

Removes the provisions of the House-passed version regarding ESC sponsorship of community schools.

Requires school district boards and ESC governing boards to request recommendations from the Transformation Alliance before entering into a preliminary agreement to convert a CMSD school to a community school.

Prohibits the Office of Ohio School Sponsorship from approving a community school for direct authorization in an alliance municipal school district unless that school has requested a recommendation from the Transformation Alliance.

•REMOVES Sections 3310.05 and 3313.975 EdChoice Scholarship: The House-passed bill qualified for an Educational Choice scholarship a student in the Cleveland Metropolitan School District if the number of applicants for the Cleveland Scholarship Program exceeded the number of available scholarships under that program. Instead, additional funding for the Cleveland Scholarship Program was added to HB483 (Amstutz).

College and Career Readiness

•REMOVED Section 3313.6015 Career Advising/Financial Literacy: This section requires that boards of education of each city, local, exempted village, joint vocational school district adopt a policy on college career readiness and financial literacy in the curriculum for grades seven or eight by July 1, 2015.

College Credit Plus Program (CCP)

•Sections 3365.01-3365.15 College Credit Plus Program: The Senate amendment includes changes in the proposed College Credit Plus Program, and removes a House provision that permitted school districts to negotiate agreements below the $40/credit hour floor with institutions of higher education (Section 3365.07 ORC).

The Senate amendment also modifies the CCP payment structure for public high school students enrolled in private colleges and allows that payment for costs for the participant that exceeds the default floor amount paid by the ODE be negotiated by the school and the college. The agreement may include a stipulation permitting the charging of a participant.

The bill also states, a participant that is identified as economically disadvantaged according to rules adopted by the department will be charged under for any tuition, textbooks, or other fees related to participation in the program.

The bill also does the following:

Restores a provision from the “as introduced” version of the bill that permits high schools and colleges, including those operating an Early College High School (ECHS) program, to obtain a waiver from the Chancellor of the Board of Regents and the Superintendent of Public Instruction from the requirements of the CCP program.

Permits the Chancellor and the state Superintendent to grant a waiver for an agreement governing an early college high school program or for a proposed agreement between a high school and a college, only if the agreement includes innovative programming to address the needs of underrepresented student subgroups.

Restores a provision from the “as introduced” version of the bill specifying that a waiver granted by the Chancellor and the state Superintendent applies only to the specific agreement for which the waiver is granted.

Modifies a provision that requires public and participating nonpublic high schools to implement a policy for the awarding of grades and the calculation of class standing for CCP courses by requiring that the adopted policy be equivalent to the school’s policy (rather than its “current” policy under the bill) for courses taken under other advanced standing programs (in the bill) and for courses designated as honors courses by the school.

Modifies the definition of “nonpublic secondary school” to include only chartered nonpublic schools, rather than both chartered and nonchartered nonpublic schools, and makes various other changes to align with the new definition.

Subjects a “nonchartered” nonpublic high school student who chooses to participate in the CCP program to the same requirements as a home-instructed student, rather than a chartered nonpublic school student, who chooses to participate in the CCP program.

Specifies that payments made by the ODE for a nonchartered nonpublic school participant under the CCP program must be made for the same amount and in the same manner as payments made for a home-instructed participant under the program, rather for a chartered nonpublic school participant.

•Section 3313.6013 Advanced Standing Programs: The bill replaces “dual enrollment” with “advanced standing programs”, which can be the college credit plus program, advanced placement courses, International Baccalaureate diploma courses, and early college high school programs. School districts are required to participate in the college credit plus program (Chapter 3365 ORC), and may offer more than one advanced standing programs. Each school district and each chartered nonpublic high school shall provide information about the dual enrollment advanced standing programs offered by the district or school to all students enrolled in grades eight through eleven.

This section also defines early college high school as “a program operated by a school district or school and an associated college that provides a personalized learning plan, which is based on accelerated curriculum and includes both high school and college-level coursework, and enables the following students to earn a high school diploma and an associate degree, or the equivalent number of transcripted credits, upon successful completion of the program:
-Students who are underrepresented in regard to completing post-secondary education
-Students who are economically disadvantaged, as defined by the department of education
-Students whose parents did not earn a college degree

Data Use/Confidentiality

•Section 3301.0714 Management Information System: Requires the SBE to adopt rules that include standards to provide “strict safeguards to protect the confidentiality of personally identifiable student data.”

Section (B)(1)(n) makes an exception for parents who do not want diagnostic information about their kindergarten student reported, but still requires data to be collected about the results of the language and reading assessments, and removes a provision that prohibited this information to be reported on the state report cards.

•NEW Section 3301.947 Confidentiality of Data Use: The Senate amendment specifies that data collected in the course of administering elementary and secondary achievement assessments must be used for the sole purpose of measuring and improving the academic progress and needs of students, educators, school districts, and schools.

States that, in the course of such testing, no personally identifiable information of a student’s or a student’s family’s social security numbers, religion, political party affiliation, voting history, or biometric information may be collected, tracked, housed with, reported to, or shared with any entity, including the federal or state government.

Dropout Prevention and Recovery

•Section 3313.603 Waiver from High School Curriculum Requirements: Specifies that, starting on July 1, 2015, (rather than July 1, 2016, as in the House passed version of the bill), dropout prevention and recovery programs must satisfy the bill’s new requirements related to career advising and student services (in addition to all other conditions specified in current law) in order to receive a waiver from the standard high school curriculum requirements.

The program must also submit to the ODE a written agreement outlining the future cooperation between the program and any combination of local job training, postsecondary education, nonprofit, and health and social service organizations to provide services for students in the program and their families.

Requires that a district, community school, or STEM school consult with the district’s or school’s classroom teachers and guidance counselors in developing a method to identify students who are at risk of dropping out of school under the bill’s provisions.

Educational Service Centers

Section 3313.843 Educational Service Centers Payment: Clarifies the payment of the operating subsidy paid to educational service centers.

Emergency Management Plans for Schools

•Sections 149.433, NEW 3313.536, and 3319.31 Emergency Management Plans: Changes the name of “school safety plans” to “emergency management plans” and requires the “administrator” of specified schools, preschools, and educational centers and facilities to develop, adopt, and submit to the ODE and local law enforcement agencies a comprehensive emergency management plan that incorporates a floor plan, site plan, and emergency contact information sheet, in addition to protocols for threats and emergency events.

Requires each administrator annually to review the plan and certify its accuracy to the ODE, as well as to update the plan every three years (current law), whenever major modifications require changes (current law), or whenever information on the emergency contact information sheet is not accurate (added by the amendment).

Requires each administrator to conduct at least one annual emergency management test, which is defined as “a regularly scheduled drill, exercise, or activity designed to assess and evaluate an emergency management plan.”

Subjects any administrator who is an applicant for a license or who holds a license from the SBE to disciplinary action on the administrator’s license, if the administrator fails to comply with the requirements related to such plans.

Specifies that copies of the emergency management plans and information incorporated into the plans, including related information that is required to be posted on the Contact and Information Management System by the Director of Public Safety, are not public records.

Gifted Education

Section 3324.07 Gifted Education: The bill changes the term “post-secondary enrollment options” to “college credit plus” program.

REMOVED: Section 3324.09 Expenditures for Gifted Students: This House amendment requires school districts to report to the ODE by July 31st of each year the spending of funds for the identification and services provided to the district’s gifted students.

REMOVED: Section 3324.11 Gifted Education: This House amendment prohibits a school district from reporting that it has provided services to a student identified as gifted unless those services are paid for by the district.

Graduation Requirements

•Section 3313.603 Graduation Requirements: The Senate amendment replaces throughout this section the phrase “Ohio core curriculum” with “requirements for graduation”.

The bill allows students who enter ninth grade on or before July 1, 2016 to qualify for graduation even if they have not completed the “requirements for graduation” in 3313.603 (C). The student, parents, and school will develop a “student success plan”, rather than an “individual career plan,” that specifies the student matriculating to a two-year degree program, acquiring a business and industry credential, or entering an apprenticeship.

Higher Education

•Section 3345.06 Admission’s Requirements: Requires state institutions of higher education to accept a sworn affidavit verifying completion of a student’s high school curriculum from students enrolled in “nonchartered” non public schools, rather than chartered nonpublic schools as under the House-passed version of the bill.

Prohibits state institutions of higher education from discriminating against students enrolled in “nonchartered” nonpublic schools, rather than chartered nonpublic schools as under the House-passed version of the bill, solely on the manner in which students received instruction.

Specifies that, “for the purposes of consideration for admission,” rather than “for the purposes of admission,” state institutions of higher education must accept a sworn affidavit verifying completion of a student’s high school curriculum from chartered nonpublic students and home-instructed students, and must not discriminate solely on the manner in which such students received instruction.

Requires that any affidavit submitted to a state institution of higher education in order to verify completion of the high school curriculum for a chartered nonpublic student (changed to a nonchartered nonpublic student) or a home-instructed student must also include a record of the student’s completed coursework and the grade received in each course.

•Section 3333.041 Chancellor of the Board of Regents: Requires the Chancellor to report to the governor and the general assembly about the advanced standing programs and post the information on the chancellor’s web site.

•REPEALS Section 3345.062 which requires institutions of higher education to offer distance learning courses to high school students.

Ohio Innovative Lab Network

•NEW Section 3302.15 Ohio Innovative Lab Network: This new provision creates the Ohio Innovative Lab Network, limited to STEM schools and up to 10 school districts. These schools will be able to request and receive waivers from the current state assessment system, and adopt an alternative assessment system. The school districts will be selected by the Superintendent of Public Instruction.

Prescribes the contents that must be included in the request for a waiver, and requires the state Superintendent to approve or deny a request for a waiver or request additional information within 30 days after receiving a request.

Requires the ODE to seek a waiver from the testing requirements prescribed under the federal “No Child Left Behind Act of 2001,” and to create a mechanism for the comparison of the proposed alternative assessments and the state assessments as it relates to the evaluation of teachers and student achievement data for the purpose of state report card ratings.

NEW Section 3326.29 STEM School: Permits a STEM school to request to the superintendent of public administration a waiver from administering the state achievement assessments required under sections 3301.0710 and 3301.0712 of the Revised Code and related requirements specified under division (C)(2) of section 3302.15 of the Revised Code. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

Nonpublic Schools

•Section 3301.0711 State Assessments: The Senate amendment exempts a chartered nonpublic school from the requirement to administer the elementary achievement assessments if the school solely serves students with disabilities, and at least 95 percent of the school's students are children with disabilities, or have received a diagnosis by a school district or from certain physicians as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome. (This section seems to pertain to the Marburn Academy in Columbus.)

The school must also be accredited through the Independent School Association of the Central States; has been issued a charter by the State Board of Education; and the school provides to the Department of Education at least five years of records of internal testing conducted by the school that affords the ODE data required for accountability purposes, including diagnostic assessments and nationally standardized norm-referenced achievement assessments that measure reading and math skills.

Defines a child with a disability for purposes of determining if such a student is exempt from retention under the bill’s third-grade reading guarantee for students enrolled in a chartered nonpublic school on a state scholarship. The student’s individual service plan developed for reading will be considered in the same manner as the individual education program (IEP).

•Section 3310.03 (6) EdChoice Eligibility: Permits students in a 9-12 grade school that received a grade of “D” or “F” for the four-year adjusted cohort graduation rate for two out of three years to be eligible for an EdChoice scholarship.

•Section 3310.031 (B)(2) EdChoice Eligibility: Permits students attending nonpublic schools to be eligible for an EdChoice Scholarship if they attended a public school the previous school year, and would be assigned to a school that would qualify them for a voucher.

•REMOVED: Sections 3310.05 and 3313.975 EdChoice and Cleveland Scholarship Eligibility: Permits students who are in the Cleveland Metropolitan School District (CMSD) and are eligible for the Cleveland Scholarship Program to participate in the EdChoice Scholarship if the number of applicants to the Cleveland Scholarship Program exceeds the number of available scholarships.

•Section 3310.13 EdChoice Scholarship: Permits a chartered nonpublic school to charge a student receiving an Educational Choice (EdChoice) scholarship if the student’s family income is above 200 percent of the federal poverty guidelines “up to the difference” between the scholarship amount and the school’s tuition, instead of charging “the difference” between the scholarship amount and the school’s tuition under current law.

Permits, instead of requires as under current law, a chartered nonpublic school to permit an eligible student’s family, at the family’s option, to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school’s tuition not covered by an Ed Choice scholarship.

•Sections 3310.14 and 3310.522 Nonpublic Schools State Assessments: Exempts certain nonpublic schools from administering the elementary state assessment to students who receive EdChoice scholarships. See Section 3301.0711.

•REMOVED PART D Section 3313.612 Non public Schools Graduation Requirements: The Senate amendment removes a new part (D), which was added by the Ohio House, and states that a nonpublic school chartered by the state board may forgo end-of-course exams if the school publishes the results of a standardized assessment prescribed for each graduating class to measure college and career readiness. The published results shall include the overall composite scores, mean scores, 25th percentile scores, and 75th percentile scores for each subject area of the assessment.

The amendment restores Section 3313.615, which provides an exemption to the state graduation requirements that had been available to private schools accredited through the Independent School Association of the Central States.

•Section 10 in Temporary Law: Reinstates the current law exemption from the end-of-course examination for students attending a chartered nonpublic school accredited through the Independent School Association of the Central States. This provision was eliminated in the House-passed version.

•Section 3301.0712 College and Work-Ready Assessments: Removes a provision of the House-passed version that provides for an exemption for a student attending a chartered nonpublic school from passing the end-of-course examinations as a prerequisite for high school graduation, if the student’s school publishes for each graduating class the results of the required nationally standardized assessment that measures college and career readiness.

•Section 14 in Temporary Law Graduation Requirements: Creates an 11-member committee that must submit a report of recommendations regarding graduation requirements and testing requirements for students enrolled in chartered nonpublic schools to the chairpersons of the education committees of the House of Representatives and Senate by January 15, 2015.

Participation in Sports

•Sections 3313.539, 3707.511, 3707.521 Guideline for Concussions: Requires the Director of Health, in consultation with a representative of the State Medical Board, a representative of the State Chiropractic Board, and any additional representatives of licensed health care professions the Director considers appropriate, to develop and publish guidelines for the diagnosis, treatment, and clearance of concussions and head injuries sustained by athletes participating in interscholastic athletics or athletic activities organized by youth sports organizations and adopt rules governing minimum education and continuing education requirements for physicians and other licensed health care professionals who conduct assessments of those athletes and grant clearances to return to practice or competition.

Authorizes licensed health care professionals who meet the education and continuing education requirements established in rules adopted by the Director to assess and clear interscholastic and youth sports organizations athletes for return to play following suspected concussions (in addition to the physicians and licensed health care providers authorized to do so by current law).

Beginning 180 days after the bill’s effective date, requires the physicians and health care providers authorized by current law to conduct concussion assessments and clearances to meet the education and continuing education requirements established in rules adopted by the Director.

Proceeds of the Sale of Real Property

•Sections 5705.10 and Section 9 in Temporary Law Proceeds Real Property Sales: Permits a district board of education to use the proceeds received from the sale of school district real property for the construction or acquisition of permanent improvements.

Specifies that, if a board of education disposed of real property on or before September 29, 2013, that district may use the proceeds received from the sale for the retirement of any debt that was incurred by the district with respect to the real property or for the construction or acquisition of permanent improvements.

School District Mergers/Indebtedness

•Sections 3311.24, NEW Section 3311.241 District Mergers/Debt Consolidation, 3311.25: Some of these sections were included in HB216 (Patterson), which was reported by the House Education Committee on October 30, 2013.

The bill permits two or more contiguous school districts, at least one of which has a population of less than 100,000, to merge if certain conditions are met. The amendment also provides that, under specified conditions, the merged districts' indebtedness owed to the Solvency Assistance Fund is not assumed by the new district created by the merger.

•Section 8 in Temporary Law Solvency Assistance Fund: Cancels the amount owed to the Solvency Assistance Fund by any school district that has fewer than 500 students when either the entire territory of the district is transferred to a contiguous school district not later than June 30, 2015, or the district receives the entire territory of a contiguous school district not later than June 30, 2015.

School Facilities Commission

•Section 3318.70 and Section 10 in Temporary Law STEM Schools: Requires the Ohio School Facilities Commission to establish guidelines for assisting STEM schools in the acquisition of classroom facilities.

Requires (rather than permits as under current law) the Commission, subject to Controlling Board approval, to provide funding to any STEM school that is not governed by a single school district board.

School for the Blind

•Section 3325.02, 3325.06, Section 3325.07, 3325.09, 3325.10, 3325.17, and 3325.071 Parent Training: Requires the SBE to institute and establish a program at the State School for the Blind to train and assist parents of children of preschool age whose disabilities are visual impairments.

NEW Section 3325.09 requires the SBE to institute and establish at the State School for the Blind career-technical education and work training programs for secondary and postsecondary students whose disabilities are visual impairments.

NEW Section 3325.17 creates the State School for the Blind Educational Program Expense Fund, and requires the State School for the Blind to use monies in the fund for educational programs, after-school activities, and expenses associated with student activities.

Specifies that, for purposes of provisions of law related to the State School for the Blind, visual impairment means "blindness, partial-blindness, deaf-blindness, or multiple disabilities if one of the disabilities is vision related."

Teacher Evaluations and License Renewal

•Sections 3319.111, 3319.112, and Sections 9 and 10 in Temporary Law Teacher Evaluations: Adopts the Senate-passed version of SB229 and requires that student academic growth account for 35 percent of certain teacher's performance evaluation, rather than 50 percent as required by current law, but permits a school district or school to attribute an additional percentage, up to 15 percent, of each evaluation to student academic growth.

Permits a school district or school to evaluate any teacher who received a rating of "accomplished" on the teacher's most recent evaluation once every three years and any teacher who received a rating of "skilled" on the teacher's most recent evaluation once every two years.

Permits a school board to elect not to evaluate a teacher who either was on leave from the school district for 50 percent or more of the school year, or has submitted notice of retirement and that notice has been accepted by the board not later than December 1 of the school year in which the evaluation is otherwise scheduled.

•Section 3319.22 License Renewal: The bill allows a resident educator license to be valid and renewable for reasons specified by rules adopted by the SBE.

•Section 3319.26 Alternative Resident Educator License: The bill requires the SBE to develop rules about the reasons for which an alternative resident educator license may be renewed.

•Section 3319.31 Denying a License: The bill adds to the reasons for which the state board of education can deny a license failure to comply with submitting an emergency management plan to the ODE, Attorney General’s Office, and local agencies.

Voluntary Patrol of School Premises

•REMOVED: Section 3313.94 School Patrol Services/Tax Credits: This provision in the House version was originally included in HB215 (DeVitis) Law Enforcement Volunteers in School. It allows public schools and nonpublic schools to engage a current or retired law enforcement officer on a volunteer basis to patrol the premises of a school, and makes the volunteer eligible for a nonrefundable tax credit. Sections in law regarding nonrefundable tax credits are also amended in accordance with this provision.

Provisions in Temporary Law

•Section 3 Charter Schools: Exempts charter schools (Section 3314.03) and STEM schools (3326.11) from the requirement to adopt a resolution about college and career readiness and financial literacy in grades 7-8.

•REMOVES Section 3314.016. This House provision relates to sponsors of community schools. It requires the ODE to develop and implement an evaluation system for sponsors “in conjunction with a statewide nonprofit organization whose membership is comprised solely of entities that sponsor community schools and whose members sponsor the majority of start-up community schools in the state”.

•Section 6 School Based Health Care Advisory Workgroup: The House version of the bill adds a representative of the Ohio Association of County Behavioral Health Authorities, and the Senate version adds a representative from the Ohio School Psychologists Association to the School Based Health Care Advisory Workgroup.

•Section 7 College Credit Plus: This section states that the College Credit Plus Program will begin operations for the 2015-16 school year. The Post-Secondary Enrollment Options Program will continue to operate for the 2014-15 school year. Beginning on the effective date of this section, the Department of Education, State Board of Education, and Chancellor of the Ohio Board of Regents shall take the necessary steps to adopt rules, guidelines, and procedures and to create any necessary forms and documents so that the College Credit Plus Program is fully operational for the 2015-2016 school year.

•Section 8 Solvency Assistance: The Senate amendment cancels the amount owed to the solvency assistance fund for eligible school districts (under 500 students) that transfer their entire territory to a contiguous school district. The amendment also allows the eligible school district to receive assistance from the Ohio School Facilities Commission.

•Section 9 Proceeds Real Property: This sections allows a board of education that disposed of real property on or after September 29, 2013 to use the proceeds of the sale for permanent improvements or to retire a debt.

•Section 10 Student Surveys: The Senate amendment directs the ODE to approve at least two empirically tested and validated student survey instructions for use by school districts that elect to conduct student surveys in accordance with teacher evaluations.

•Section 11 Elementary Assessments: This section requires the superintendent of public instruction to review the number of elementary and secondary assessments and make recommendations by January 15, 2015 for decreasing the number of assessments; decreasing the number of designated dates for administering the assessments; and the duration of the assessments.

•Section 12 Third Grade Reading Guarantee: This section describes the testing requirements for the Third Grade Reading Guarantee Program for the 2014-15 school year. All types of schools, except non-public schools, are required to administer the fall and spring the assessment previously used in English language arts, but can also administer in the spring the Partnership for Assessment of Readiness for College and Careers (PARCC), or a different assessment.

•Section 13 Online Assessments: The Senate amendment states that, “...for the 2014-2015 school year, no school district, community school, STEM school, college-preparatory boarding school, or chartered nonpublic school shall be required to administer an online format any assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code. However, a district or school may administer any of those assessments in an online format at the discretion of the district board or school governing authority, or in any combination of online and paper formats. The department of education shall furnish, free of charge, all such assessments for that school year regardless of the format selected by the district or school.”

•Section 14 Nonpublic School Graduation Requirements: This section requires the formation of a committee to make recommendations by January 15, 2015 regarding graduation requirements and other state-mandated testing requirements for students who attend chartered nonpublic schools. The committee shall consist of the following members:

-The Superintendent of Public Instruction or the Superintendent’s designee, who shall act as the chairperson
-The President of the state Board of Education or the President’s designee
-Three individuals, appointed by the Speaker of the House of Representatives, one of which shall be recommended by the Minority Leader of the House of Representatives
-Three individuals, appointed by the President of the Senate, one of which shall be recommended by the Minority Leader of the Senate;
-Three individuals, appointed by the Superintendent of Public Instruction, representing the Catholic Conference of Ohio; a nonpublic school accredited through the Independent School Association of the Central States; and a nonpublic school that is not a member of the Catholic Conference of Ohio or accredited through the Independent School Association of the Central States.

•Section 15 Release of Test Questions: The Senate amendment requires that “the entirety of the questions and corresponding preferred answers of the assessments” administered in the spring of the 2014-2015 school year “shall be released within three years of its administration.”

•Section 16 Decisions Based on Value Added: The Senate amendment states that the value-added progress dimension rating issued for the 2014-2015 school year to assess student academic growth for purposes of teacher evaluations will not be used when making decisions regarding the dismissal, retention, tenure, or compensation of the district’s or school’s teachers.

2) Senate Passes HB483 (Amstutz) MBR-Operations

The Ohio Senate approved on May 21, 2014 HB483 (Amstutz) by a vote of 24 to 8. The bill includes appropriations for a variety of programs including those for education and community-based programs for the arts, and several changes in state tax policies, which will reduce state tax revenue by more than $400 million, according to reports.

Among the amendments added by the Senate is an acceleration of the 10 percent income tax cut included in HB59 (Amstutz) Biennial Budget, and an increase in the small business income tax credit from 50 to 75 percent for tax year 2014 on up to $250,000 of Ohio income.

The Earned Income Tax Credit was also increased from five percent to the federal credit of 10 percent to help middle and low-income residents.

The Senate also added an amendment that requires municipal corporations with income taxes to annually report to the tax commission the amount of tax revenue collected from residents and nonresidents.

The bill now includes SB52 (Coley), which limits who can file claims to challenge property values. The county recorder is allowed, but not required, to make challenges on behalf of school districts and local governments. The bill allows school districts to respond to claims by taxpayers who challenge their property values as being set too high, but school districts can no longer initiate a challenge of property values.

(See “Small Solutions to Ohio’s Big Problems in Senate Budget Bill”, Policy Matters Ohio, May 22, 2014 at
http://www.policymattersohio.org/senate-may2014)

Regarding education policies, the Senate removed the dropout prevention and recovery provisions and the $5 million in appropriations to support the provision; eliminated a $200,000 earmark for STEM schools; creates a line item for school security grants and allows nonpublic schools to participate; adjusts the appropriations for the Cleveland Scholarship program to fully fund it, rather than expand the EdChoice Scholarship Program; and provides $10 million for the Career Advising and Mentoring program.

The following is a summary of some provisions included in the Senate version of HB483:

•NEW Section 3302.15 Ohio Innovative Lab Network: Creates the Ohio Innovative Lab Network for up to 10 school districts. A school district that is a member can request from the Superintendent of Public Instruction a waiver for up to five school years from administering the state achievement assessments and related requirements. A district that obtains a waiver under this section shall use the alternative assessment system, as proposed by the district or school and as approved by the state superintendent, in place of the current required assessments. (This provision is also included in HB487.)

•Section 3303.41 Council on People with Disabilities: Changes the membership requirements and succession requirements for the chairman, and makes other changes for the Council on People with Disabilities.

•NEW Section 3313.351 Attorney General/websites: States that the attorney general may educate school districts about contracting with any entity that provides students with account-based access to a web site or an online service, including electronic mail.

•Section 3313.372 Energy Conservation: Requires an energy services company to provide a surety bond upon the request of a board of education, and describes the requirements of the bond.

•NEW Section 3313.902 Adult Career Opportunity Pilot Program: Creates the Adult Career Opportunity Pilot Program, which will enable an eligible student to obtain a high school diploma from an eligible institution. Institutions must obtain approval to institute the program from the state board of education and the chancellor.

A program shall be eligible for this approval if it satisfies all of the following requirements:
-The program allows an eligible student to complete the requirements for obtaining a high school diploma while completing requirements for an approved industry credential or certificate.
-The program includes career advising and outreach.
-The program includes opportunities for students to receive a competency-based education.

The superintendent of public instruction, in consultation with the chancellor, shall adopt rules for the implementation of the adult career opportunity pilot program, including the requirements for applying for program approval.

•Sections 3314.08, 3313.64, or 3313.65 and 3317.02 State Funding for Career Tech: The bill makes changes in how payments are calculated for students in career technical education programs.

•REMOVED NEW Section 3314.38 Dropout Prevention and Recovery Programs/Charter School; Removes NEW Sections 3317.23 Dropout Prevention and Recovery Programs/School Districts; NEW Section 3317.24 Dropout Prevention and Recovery/Joint Vocational School Districts; and NEW Section 3345.86 Dropout Prevention and Recovery/Community Colleges.

•Section 3317.217 Computation of Targeted Assistance: Includes students attending STEM schools in the ADM of school districts regarding the Targeted Assistance calculation.

•Section 3317.06 Nonpublic School Allowable Purchases: Allows public funds to be used to purchase or lease equipment for emergency communications systems, school entrance security systems, or both for placement in nonpublic schools within the district.

•Section 3318.36 School Facilities: Defines “tangible personal property phase-out impacted district” as a school district for which the taxable value of its tangible personal property for tax year 2005, excluding the taxable value of public utility personal property, made up eighteen per cent or more of its total taxable value for tax year 2005. Makes changes regarding the participation and ranking of tangible personal property phase-out impacted districts in the Ohio School Facilities Program.

•Section 3326.29 Ohio Innovative Lab Network: A STEM school established under this chapter may submit to the superintendent of public administration a request for a waiver from administering the state achievement assessments and related requirements in the manner prescribed by that section as if it were a school district. A STEM school that obtains a waiver under section 3302.15 of the Revised Code shall comply with all provisions of that section as if it were a school district. A STEM school is presumptively eligible to request such a waiver.

•Section 3345.56 Student Unions: States that a student attending a state university as defined in section 3345.011 of the Revised Code is not an employee of the state university based upon the student’s participation in an athletic program offered by the state university.

•Section 3358.03 State Community College District: Makes changes in the membership of the board of trustees of state community college districts.

Temporary Law and Funding

•Section 263.230 Career Technical Planning Districts: Any remaining funds in each fiscal year from a $2 million set aside for career-technical planning districts will be reimbursed to the Department of Youth Services and the Department of Rehabilitation and Correction for individuals in these facilities who have taken the GED for the first time. The amounts reimbursed shall not exceed the per-individual amounts reimbursed to other individuals under this section for each section of the GED.

-Of the foregoing appropriation item 200550, Foundation Funding, up to $18,713,327 in fiscal year 2014 and up to $26,213,327 in fiscal year 2015 will be used to support school choice programs. This is an increase of $7.5 million from the current level of support.

•Section 263.240 and 263.250 Joint Vocational School Districts: Makes changes regarding funding for joint vocational school districts.

•263.270 Adult Career Opportunity Pilot Program: The foregoing appropriation item 200654, Adult Career Opportunity Pilot Program, shall be used by the Superintendent of Public Instruction to award and administer planning grants for the Adult Career Opportunity Pilot Program established in section 3313.902 of the Revised Code.

The Superintendent may award grants of up to $500,000 to not more than five eligible institutions. The grants shall be used by selected eligible institutions to build capacity to implement the program beginning in the 2015-2016 academic year.

The Superintendent of Public Instruction and the Chancellor, or their designees, shall develop an application process to award these grants to eligible institutions geographically dispersed across the state. Any remaining appropriation after providing grants to eligible institutions may be used to provide technical assistance to eligible institutions receiving the grant.

The Superintendent, in consultation with the Chancellor, the Governor’s Office of Workforce Transformation, the Ohio Association of Community Colleges, Ohio Technical Centers, Adult Basic and Literacy Education programs, and other interested parties as deemed necessary, or their designees, shall develop recommendations for the method of funding and other associated requirements for the Adult Career Opportunity Pilot Program.

The Superintendent shall provide a report of the recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2014.

•Section 263.320 Career Advising and Mentoring Program: The foregoing appropriation item 200629, Career Advising and Mentoring ($10 million), shall be used by the State Superintendent of Public Instruction to create the Career Advising and Mentoring Grant Program.

The Superintendent shall develop guidelines for the grants. The program shall award competitive matching grants to provide funding for local networks of volunteers and organizations to sponsor career advising and mentoring for students in eligible school districts.

Each grant award shall match up to three times the funds allocated to the project by the local network. Eligible school districts are those with a high percentage of students in poverty, a high number of students not graduating on time, and other criteria as determined by the State Superintendent.

Eligible school districts shall partner with members of the business community, civic organizations, or the faith-based community to provide sustainable career advising and mentoring services.

Section 263.325 Straight A Grant Program: Grants awarded under this section may be used by grant recipients for grant-related expenses incurred for a period not to exceed two years from the date of the award according to guidelines established by the Straight A Fund governing board.

FROM: Ann Brennan 

FYI: Important update; this will be a busy week at the Statehouse as the Senate and House Education Committees have full schedules as they try and reach compromises on SB 229 the teacher evaluation bill, and HB 487 the Education MBR bill. HB 487 will be the vehicle for other agreed to education bills,including perhaps the compromise between the Senate and House versions of SB 229, they all will likely be added to HB 487. I'll keep you posted and provide a thorough update next week.

May 19, 2014

1) Ohio News

•130th General Assembly: The House and Senate will hold hearings and sessions this week.

The Senate Finance Committee, chaired by Senator Oelslager, will meet on May 20, 2014 at 10:00 AM and, if needed, on May 21, 2014 at 9:30 AM in the Senate Finance Hearing Room. The committee will receive testimony on several bills, including three Mid Biennial Review (MBR) bills that affect education policies. Those bills are:
-HB486 (Baker/Stebelton) MBR-Workforce and Economic Development Programs
-HB483 (Amstutz) MBR-Operation of State Programs
-HB492 (Scherer) MBR-Taxation

The Senate Education Committee, chaired by Senator Lehner, will meet on May 20, 2014 at 11:00 AM in the South Hearing Room and on May 21, 2014 at 4:00 PM in the South Hearing Room. The committee will receive testimony on HB487 (Brenner) MBR K-12 Education Programs on May 20th, and receive testimony on HB171 (McClain/Patmon) Released Time for Religious Instruction and HB193 (Brenner) High School Diploma Requirements on May 21st.

The House Education Committee, chaired by Representative Stebelton, will meet on May 21, 2014 at 9:00 AM in hearing room 313. The committee will receive testimony on the following bills:
-HB470 (Barnes) School Bullying Awareness Act
-HB479 (Butler) Enterprise Academy Community Schools
-HB460 (Brenner/Driehaus) School Restructuring
-HB454 (Gonzales) Concealed Carry-School Safety Zone

•Ohio Senate Approves Bills: The Ohio Senate unanimously approved on May 14, 2014 HB484 (Rosenberger/Brown) Higher Education MBR and SB96 (LaRose) World History Requirement.

HB484 (Rosenberger/Brown) was amended to include the following:
-Removes the requirement that faculty be involved in creating yearly workload reports.
-Requires that the Chancellor report performance-based funding recommendations by 2014 rather than 2016.
-Requires the Board of Regents to study at-risk populations and focus on first generation college students.
-Advances the date that the co-op internship program must be finalized.
-Includes SB69 (Beagle) Course and Program Sharing Network.

SB96 (LaRose) would require students to earn one unit of world history in order to graduate.

•Ohio House Approves Bills: The Ohio House approved on May 14, 2014 HB375 (Huffman), a controversial severance tax on the gas and oil industry to address the expansion of fracking in Ohio. The proposed 2.5 percent tax on gross receipts from horizontal wells used to extract oil and gas from shale will be used to cut the personal income tax and to support local governments, which have experienced a loss in state revenue over the past years. Governor Kasich proposed a 2.75 percent severance tax on horizontal wells.

The House also approved the following bills:

-HB241(Hagan) School Employees-Sexual Conduct: Prohibits an employee of a public or nonpublic school or institution of higher education from engaging in sexual conduct with a minor who is enrolled in or attends that public or nonpublic school.

-HB290 (Stebelton) School Premises Liability: Regarding the use of school district premises by members of the public and immunity from civil liability for a school district and schools when permitting members of the public to use school premises.

•Connect for Success: The Ohio Educators Connect for Success Conference will be held June 16-17, 2014 in Columbus. The Connect for Success conference is a two day professional learning experience with over 100 sessions.
See http://www.battelleforkids.org/events/connect-for-success.

•Gifted Data Available on Report Cards: The Department of Education announced on May 13, 2014 that it had updated state-generated report cards for schools and districts from last year to include information about gifted education programs. The gifted information is located under the “Achievement” tab, and then on the upper right corner of the page under “Gifted”.

2) National News

•Brown v. Board of Education Anniversary: May 17, 2014 marked the 60th anniversary of the U.S. Supreme Court Decision in Brown v. Board of Education of Topeka, Kansas. That decision challenged the “separate but equal” doctrine and declared state laws establishing segregated schools unconstitutional, leading to a national movement toward racial and social equity in schools. Rallies and events were held throughout the country last week to mark the landmark decision.

In a report released on May 15, 2014 by the Civil Rights Project (CRP), researchers at UCLA explain that through the mid 1980s the Brown decision influenced the progress made in desegregating schools and equalizing educational opportunities for minority students. However, since the 1990s, and the end of desegregation plans in many school districts, a statistical analysis shows that segregated schools have increased in large districts, including Charlotte, NC; Pinellas County, FL; and Henrico County, VA.

The report shows that “Segregation is typically segregation by both race and poverty. Black and Latino students tend to be in schools with a substantial majority of poor children, but white and Asian students are typically in middle-class schools.”

“Segregation is by far the most serious in the central cities of the largest metropolitan areas, but it is also severe in central cities of all sizes and suburbs of the largest metro areas, which are now half nonwhite. Latinos are significantly more segregated than blacks in suburban America.”

The authors write, “We conclude with recommendations about how we might pursue making the promise of Brown a reality in the 21st century. Desegregation is not a panacea and it is not feasible in some situations.”

“Where it is possible-- and it still is possible in many areas-- desegregation properly implemented can make a very real contribution to equalizing educational opportunities and preparing young Americans for the extremely diverse society in which they will live and work and govern together.”

See “Brown at 60: Great Progress, a Long Retreat and an Uncertain Future”, by Gary Orfield and Erica Frankenberg, with Jongyeon Ee and John Kuscera, Civil Rights Project/Proyecto Derechos Civiles, May 15, 2014 at
http://civilrightsproject.ucla.edu/research/k-12-education/integration-and-diversity/brown-at-60-great-progress-a-long-retreat-and-an-uncertain-future

•Pre-K Bill Approved by Committee: The U.S. Senate Health, Education, Labor, and Pensions Committee, Senator Tom Harkin chair, approved on May 14, 2014 the Strong Start for America’s Children Act, a new federal program to expand preschool for 4 year old children from low and moderate income families, and proposed by the Obama administration. The vote was 12 to 0 with no Republican support. The program is expected to cost over $30 billion over the first five years. The President recommended that it be funded by a new tax on tobacco products. A similar bill has been introduced in the U.S. House by Representative by Representative George Miller (D-CA).

•Group Files Complaints Against Closing Schools: Lyndsey Layton reports for the Washington Post that the Advancement Project filed three federal civil rights complaints on May 13, 2014 with the U.S. Department of Justice and the U.S. Department of Education’s Office for Civil Rights, challenging school closures and the expansion of charter schools. The complaints were filed on behalf of the Journey for Justice Alliance (JFJ), which is an alliance of grassroots organizations in Newark, New Orleans, and Chicago.

The complaints allege that closing public schools in Newark, New Orleans, and Chicago disproportionately affects African American students, uproots communities, and violates Title VI of the Civil Rights Act, which prohibits discrimination in the use of federal funds by schools and other institutions. The schools that have been closed in the targeted cities serve predominately African-American students, while public schools serving white students have remained open.

According to the article, 13 public schools have been closed in Newark since 2009; 111 schools have been closed in Chicago since 2001, and all but five traditional public schools have been closed in New Orleans since 2003. Public schools have been replaced by charter schools, which are publicly funded, but privately operated, and perform no better than the public schools closed.

See “Are School Closings the “New Jim Crow’? Activists file civil rights complaints” by Lyndsey Layton, Washington Post, May 13, 2014, at
http://www.washingtonpost.com/local/education/are-school-closings-the-new-jim-crow/2014/05/13/1a0d3ae8-dab9-11e3-b745-87d39690c5c0_story.html

•Massachusetts Teachers Select Opponent of CCSS as Leader: The Nation Review Online reports on May 15, 2014 that the Massachusetts Teachers Association has elected Barbara Madeloni as president. Ms. Madeloni is opposed to the Common Core State Standards (CCSS) and high-stakes testing, and the use of student test scores to evaluate teachers. According to the article, Ms. Madeloni will work to impose a three-year moratorium on testing, and expose the “corporate forces” that are behind the Common Core and policies, such as charter schools, which undermine public education. The article also notes that the Massachusetts State Board of Education has already voted to slow-down implementation of the CCSS.

See “Massachusetts’s Teachers’ Union Elects Anti-Common Core President” by Patrick Brennan, National Review Online, May 15, 2014 at
http://www.nationalreview.com/corner/378075/massachusettss-teachers-union-elects-anti-common-core-president-patrick-brennan.

3) Update on SB229 (Gardner) Teacher Evaluations: The House Education Committee, chaired by Representative Stebelton, accepted another substitute version for SB229 (Gardner) Teacher Evaluation on May 14, 2014. Before going into the details of the second substitute bill, here is some background on SB229:

Senator Gardner worked with teachers and school administrators last year to develop the components of SB229, which responds to concerns expressed by school administrators and teachers about the amount of time and cost of implementing Ohio’s Teacher Evaluation System (OTES). The bill would have reduced the amount of time it takes to evaluate teachers, and would have decreased the percent of the evaluation based on the student growth measure (value added) from 50 to 35 percent. This change is in line with other states using value added as part of their teacher evaluations.

SB229 was unanimously approved by the Ohio Senate on December 4, 2013, but languished in the House Education Committee for weeks. Then a substitute bill was accepted by the House Education Committee on March 29, 2014. The substitute bill completely changed the focus of the bill, and drew opposition from the Ohio School Boards Association, the Buckeye Association of School Administrators, the Ohio Association of School Business Officials, the Ohio Federation of Teachers, the Ohio Education Association, and several parents and teachers who testified against the bill. The proponents of the bill are mostly members of StudentsFirst, an education reform organization founded by Michelle Rhee, former superintendent of schools in Washington, D.C.

Both opponents and proponents testified on the bill on May 7 and May 14, 2014. According to the testimony, opponents oppose the following provisions in the substitute bill:

-Using student surveys as part of the teacher evaluations
-Adding another teacher rating defined as “effective” to the current four ratings: accomplished, skilled, developing, or ineffective
-Requiring student academic growth to account for between 40 and 50 percent of teacher evaluations
-Refusing to reduce the number of evaluations for highly rated teachers
-Requiring teachers rated effective, developing, or ineffective to implement an improvement plan
-Prohibiting school districts from assigning students to a teacher who has been rated ineffective for two consecutive school years
-Requiring the ODE not later than July 1, 2015 to develop a standardized framework for assessing student academic growth for grade levels and subjects for which the value-added progress dimension does not apply
-Requiring that boards of education administer an assessment to students in each of grades K-12 to determine a teacher’s student academic growth in English language arts, mathematics, social studies, and science beginning on July 1, 2016
-Exempting all provisions regarding educator evaluations from collective bargaining; and more.

Testimony on the bill is available at http://www.ohiohouse.gov/committee/education.

The second substitute bill was accepted by the House Education Committee on May 14, 2014, and does the following:

-Allows school districts to determine the percent of a teacher’s evaluation based on student surveys (from 1-20 percent) and states that the percent remaining be equally split between teacher performance and student growth. (So, if the school district selected student surveys to account for 20 percent of the evaluation, 40 percent would be based on teacher performance (observation) and 40 percent student growth.)

-Allows schools or school district to use an alternative student survey instrument, if the survey is approved by the Ohio Department of Education.

-Allows the use of student surveys to be determined by collective bargaining, but does not allow collective bargaining of the percentage of the evaluation that would be based on student surveys (that is in the bill as between 1-20 percent); the alternative framework; or the student survey instruments.

-Delays the use of student surveys until 2016-17.

-Removes the requirement in the bill that school districts not assign students to teachers rated ineffective for two consecutive years.

-Allows “accomplished” and “skilled” teachers with student growth ratings of at or above average to be evaluated every three or two years.

-Reduces the portion of a school year a teacher can be on leave and opt not to be evaluated from 70 percent to 50 percent.

-Requires only teachers rated “developing” and “ineffective” to create improvement plans.

-Requires the Department of Education to report to the General Assembly by December 31, 2014 its recommendations for funding the assessments required in the bill related to student academic growth.

-Removes the requirement that the ODE develop a standardized framework for assessing student academic growth for grade levels and subjects for which the value-added progress dimension does not apply.

The House Education Committee is not hearing SB229 this week.

4) Racism, School Closures, and Public School Sabotage: The Journey for Justice Alliance (JFJ) released on May 13, 2014 a report that documents the harm inflicted upon communities by corporate education reforms and efforts to close public schools in predominantly Black and Latino communities and replace them with privately operated charter schools. Noted in the report are school closures in Columbus, Akron, and Cleveland.

Journey for Justice is an “...alliance of 36 grassroots community, youth, and parent-led organizations in 21 cities working for community-driven school improvement as an alternative to the privatization and dismantling of public school systems.”

JFJ conducted a listening tour in Boston, Caguas (Puerto Rico), Chicago, Detroit, Jersey City (NJ), New Orleans, New York, Newark, Paterson (NJ), Philadelphia, Pittsburgh, St. Paul, and Washington DC to gather information for the report. According to the report, researchers learned that closing public schools has a devastating effect on neighborhoods, families, and children, and destabilizes communities, due to the loss of the culture, history, and identity associated with the public school. In some cases after neighborhood public schools were closed, businesses, including grocery stores, also closed, causing more instability in the communities.

The report identifies a number of reasons offered by policy-makers for closing public schools, such as shrinking budgets, under-utilized buildings, and academic failure, but the authors believe that “those explanations are largely superficial”. They write,

“The real, underlying cause for these school closures is that there has been a realignment of political forces. Right-wing conservatives have long sought to eliminate public goods such as public education, and dismantle organized labor, especially teachers’ unions. Thus, for decades they have advocated – often successfully – for cutting spending to public schools. They have also long pursued the replacement of public schools with non-unionized, privately managed schools that receive public funds, either through a voucher system or a system of charter schools. Their privatization proposals received little support until they were joined by billionaires willing to invest heavily in education reform such as Bill Gates, Eli Broad, and the Walton family; members of the business community, especially Wall Street and large corporations, who realized there is considerable profit to be made by outsourcing education to private management; and Democratic policymakers who bought into (or were at least willing to promote) the unproven assertion that privatization and “school choice” would create improved educational opportunities for students. As a result of this political shift, there emerged a well-organized and extraordinarily well-funded group of individuals and organizations that has exploited any political opening they could find to destabilize neighborhood public schools – almost exclusively within communities of color – and instead promote the expansion of charter schools.”

The authors write that public education is too big and important to fail, and the problems that plague schools can be fixed through research-based efforts, rather than untested reforms promoted by billionaires, corporations, and Wall Street.

The report includes the following recommendations:

-The U.S. Department of Education should replace its four school “turnaround” models with the “Sustainable School Success Model.”
-President Obama should call for a national moratorium on school closures and charter school expansion and spearhead the creation of a “Public School Bailout and Revitalization Fund.”
-Congress should revoke all tax credits and other incentives for charter school investment and replace them with equivalent incentives to invest in public schools.
-All charter schools that fail to both provide an innovative educational model that is unavailable in local public schools and demonstrate superior performance in educating all of their students should not have their charters renewed.
-The White House Domestic Policy Council, United Nations, and Permanent Court of International Justice (or “World Court”) should participate in a “Grassroots Impact Tour” of the communities affected by mass school closures to hear from students, parents, educators, and community members, and witness the community-wide effects.
-Due to the harm inflicted on our communities by corporate education interventions, the Journey for Justice Alliance seeks a Senate hearing on the impact of these policies.

See “Death By A Thousand Cuts: Racism, School Closures, and Public School Sabotage”, Journey for Justice Alliance, May 13, 2014 at
http://www.advancementproject.org/pages/journey-for-justice-and-advancement-project-files-title-vi-complaints-again#sthash.NbvstjQY.dpuf

5) Classroom Observations Better Way to Evaluate Teachers: The Brown Center on Education Policy at the Brookings Institute released on May 14, 2014 a report examining teacher evaluation systems in four urban school districts and found that “...nearly all the opportunities for improvement to teacher evaluation systems are in the area of classroom observations rather than in test score gains.”

According to the report, most states have adopted new teacher evaluation systems to comply with federal waivers from the No Child Left Behind Act or as part of a Race to the Top grant. These policies, supported by the Obama Administration, incorporate student achievement data and classroom observation to some extent. However, the researchers, found that there was too much emphasis on the student achievement data component of the evaluation relative to the 22 percent or so of teachers with student-based data available. On the other hand, there has been little emphasis on teacher observation practices which apply to all teachers, while improving these practices could significantly improve all teachers.

The report includes the following recommendations:

•”Under current teacher evaluation systems, it is hard for a teacher who doesn’t have top students to get a top rating. Teachers with students with higher incoming achievement levels receive classroom observation scores that are higher on average than those received by teachers whose incoming students are at lower achievement levels, and districts do not have processes in place to address this bias. Adjusting teacher observation scores based on student demographics is a straightforward fix to this problem. Such an adjustment for the makeup of the class is already factored into teachers’ value-added scores; it should be factored into classroom observation scores as well.”

•”The reliability of both value-added measures and demographic-adjusted teacher evaluation scores is dependent on sample size, such that these measures will be less reliable and valid when calculated in small districts than in large districts. Thus, states should provide prediction weights based on statewide data for individual districts to use when calculating teacher evaluation scores.”

•”Observations conducted by outside observers are more valid than observations conducted by school administrators. At least one observation of a teacher each year should be conducted by a trained observer from outside the teacher’s school who does not have substantial prior knowledge of the teacher being observed.”

•”The inclusion of a school value-added component in teachers’ evaluation scores negatively impacts good teachers in bad schools and positively impacts bad teachers in good schools. This measure should be eliminated or reduced to a low weight in teacher evaluation systems.”

See “Evaluating Teachers with Classroom Observations Lessons Learned in Four Districts” by Grover J. (Russ) Whitehurst, Matthew M. Chingos, and Katharine M. Lindquist, Brookings Institute, May 14, 2014, at
http://www.aera.net/Newsroom/RecentAERAResearch/InstructionalAlignmentasaMeasureofTeachingQuality/tabid/15510/Default.aspx

6) State Board of Education: The State Board of Education, Debe Terhar President, met on May 12 & 13, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH. This month the State Board conducted a Chapter 119 on several rules; held committee meetings; received updates about Ohio’s Race to the Top grant and the administration of new assessments aligned to Ohio’s new content standards; received public participation about the gifted performance indicator; and appointed eight members to the Educator Standard’s Board.

•Chapter 119 Hearing: The State Board conducted a Chapter 119 Hearing on May 12, 2014 on the following Ohio Administrative Code Rules (OAC). There was no public testimony offered on them.
-OAC Rules 3301-21-05 to -07 Colleges and Universities Preparing Teachers
-OAC Rule 3301-24-07 Provisional License Renewal
-OAC Rules 3301-37-01 to -12 Child Day Care Licensing
-OAC Rules 3301-102-11 to 12 Academic Gains, Overall Designations

•Achievement Committee: The Achievement Committee, chaired by C. Todd Jones, approved a resolution to adopt the model curricula in the Fine Arts and World Languages. The committee also received updates about the alignment of the birth to Kindergarten and K-3 Standards and plans for summer professional learning opportunities. Brian Roget, Associate Director of the ODE Office of Curriculum and Assessment, explained to the committee that the ODE has developed several web-based tools about implementing the new common core state standards, and is encouraging network regional leaders to connect with districts to integrate the new standards. A summer academy is also being planned and will include teachers in the fine arts and world languages to network with regional leaders on strategies to better integrate all standards.

•Accountability Committee: The Accountability Committee, chaired by Tom Gunlock, agreed on a framework for the report card indicator for gifted education; agreed on the weights for the report card measures to determine an overall A-F grade for schools and districts; and discussed threshold decisions for the gifted performance indicator.

Gifted Indicator: Dr. Chris Woolard, Director of the Office of Accountability and chair of the Gifted Education Work Group, shared with the committee a framework for reporting gifted performance on the state report card developed by the work group. The Gifted Education Work Group was appointed by President Terhar in March 2014 and includes Tom Ash, Director of Governmental Relations, BASA; Colleen Boyle, Supervisor of Gifted and Talented, Columbus City Schools; Matt Cohen, Chief Research Officer, Office of Policy and Research, ODE; Jamie Meade, Managing Director of Strategic Measures, Battelle for Kids; Ann Sheldon, Executive Director, Ohio Association for Gifted Children; Wendy Stoica, Assistant Director, Office of Exceptional Children, ODE; Michael Tefs, Superintendent, Wooster City Schools; and Chris Woolard, Director, Office of Accountability, ODE (chair).

The Accountability Committee agreed on the proposed framework for the gifted indicator, which includes three parts: Progress of gifted students; Performance of gifted students; and District Inputs (opportunities) for gifted students.

-Progress: The gifted value-added (Gifted VA) grade will be used as the progress measure for the indicator for all districts with value added data. The gifted value added measure applies to students in grades 4-8 in reading, math, and superior cognitive ability. For districts without a value-added grade (50 this year) the committee set a minimum enrollment of 600 students. If a district is at or above the 600 ADM level and does not have Gifted VA, the district will be rated as “not met”, but if a district is below the 600 ADM level and does not have the gifted value added grade, but does have the gifted performance index (PI) grade, the district will be evaluated as “met/not rated.”

School buildings without gifted value-added grades will be evaluated as “met/not met” if they have the gifted performance index score, based on the performance index and gifted inputs. If a school has neither the gifted value added grade or the gifted performance index, the school will be evaluated as “met/not rated” for the indicator, based on the Gifted Inputs.

-Performance: The gifted performance grade will be based on the gifted performance index (PI). The committee recommended that the State Board revisit the issue prior to the 2016 Report Card in order to incorporate new information about assessment data and additional assessments, such as the ACT.

-Gifted Inputs: This measure will be based on total points allocated for gifted identification as a percentage of enrollment and gifted service as a percentage of those identified, across four categories: Academic/Superior Cognitive (by grade bands for districts); Visual & Performing Arts/Creative Thinking (by grade bands for districts); Students in racial/ethnic minority categories; and Students who are economically disadvantaged.

The committee recommended that the State Board revisit this category prior to 2016 report card to look at the impact of the point structure.

The gifted indicator will be “reported only” on the 2014 school/district report card, and will count as part of indicators met on the 2015 report card.

Schools/districts must meet a minimum threshold on each part to meet the indicator. The committee discussed the proposed thresholds for the components, but did not make any decisions.

Weights Selected to Combine Components: The committee also considered options for combining and weighting the achievement measure, graduation rate, and value added measure on the report card. The committee agreed to the following:

-Achievement Component: Weight the performance index at 75 percent and the performance indicators at 25 percent.
-Graduation Rate: Weight the four-year rate at 60 percent and the five-year rate at 40 percent.
-Value-added Measure: Weight overall value-added at 55 percent and the three subgroups (gifted, disabled, and the lowest 20 percent) at 15-15-15 totaling 45. The committee also agreed that when data from subgroups was missing, the data for the subgroup(s) available would be used. The law prohibits the State Board from assigning a grade of “A” for the value added measure unless a district’s or building’s grade for all subgroups is a “B” or higher.

•Operating Standards Committee: The Operating Standards Committee, chaired by Ron Rudduck, discussed a revised version of Rule 3301-35-06 Educational programs and supports, and received a presentation about blended learning from Dan Badea, Assistant Director in the Office of Curriculum and Assessment at the ODE.

Blended learning is an instructional strategy in which students learn in part through online delivery of content and instruction. Currently there are 65 Ohio schools that report implementing some form of blended learning in Ohio.

Language regarding blended learning and safety have been added to Rule 3301-35-06, but the ODE staff suggested splitting-up this rule, or moving parts of this rule to other rules. The committee informally agreed that blended learning and safety should be separate rules. Sarah Fowler also suggested that a link between language about safety plans and the Attorney General’s office, which provides sample safety plans, be created.

During the discussion, Stephanie Dodd requested that in all cases references to the Ohio Revised Code be included in the rule, so that the reader understands that the language of the rule is based on law.

Debe Terhar requested that the ODE investigate how instruction in phonics is reflected in law and particularly the Third Grade Reading Guarantee. In the current draft of Rule 3301-35-06 references to instruction in phonics have been removed from the rule.

•Business Meeting on May 13, 2014: During the State Board of Education’s business meeting on May 13, 2014 Superintendent Ross asked ODE staff to provide updates about the next round of the Straight A Fund and the status of the recent field tests of assessments aligned to the new content standards.

Sarah Dove, ODE Senior Policy Advisor, told the board that field testing of the new assessments aligned to the new content standards was occurring in two different windows of time. The first round of the PARCC assessments (Partnership for the Assessment of Readiness for College and Careers) in English language arts and mathematics and AIR (American Institutes for Research) assessments in social studies and science in grades 3-12 have been completed. These assessments are performance-based assessments (PBA) and take longer to complete and to grade, and are administered at the 75 percent point of the school year. About 65,000 students participated in the PARCC assessments: 49,000 by computer and 16,000 by paper. There were over 115,000 students taking the AIR assessments, which was only administered by computer, but a paper version of the assessments will be available next year.

Ms. Dove reported that there were no significant problems with technology. Glitches were localized or one-time problems that were corrected. Students were asked to provide feedback about the assessments, and a more detailed report about their comments will be available in the summer. Early feedback indicates that the students found the questions to be challenging and required deeper thought. The math seemed to be more challenging than the English language arts.

Feedback from teachers and administrators is more positive about the AIR assessments than the PARCC assessments.

Round two of assessments is now open and students will be taking end of year assessments (EOA) which include multiple choice and short answer questions, and can be graded by computer.

Student data will not be reported this year, because the tests are not complete examinations and are being used to validate the questions.

Superintendent Ross also reported that Ohio has received an extension of its Race to the Top Grant from the U.S. Department of Education. The extension will allow schools/districts to have more time to spend their funds. He said that overall the U.S. Department of Education seems to be satisfied with Ohio’s progress, but that he is not, and is grateful to have more time to complete initiatives.

Public Participation on Non-Agenda Items: Ann Sheldon, Executive Director of the Ohio Association for Gifted Children, shared with the State Board her thoughts and concerns about the gifted performance indicator, and recommendations about the thresholds for the gifted performance indicator.

She said that there was an incredible amount of ODE data that shows the lack of access to gifted services for certain groups of students. According to Ms. Sheldon, “Districts by and large are not providing the same opportunities for economically disadvantaged and minority gifted students as they are for white non-economically disadvantaged students.”

Regarding the work of the Accountability Committee, Ms. Sheldon explained that she is concerned that the point system developed for measuring gifted inputs does not fully describe the disparity in identification and services for different student populations.

She also wanted to include a component to measure acceleration of gifted students, and hoped that the State Board will revisit acceleration in 2016.

In addition, she noted that the low cut scores on Ohio’s current assessments hamper assessing the true achievement of gifted students.

Regarding the State Board’s responsibility to set the thresholds for the gifted indicators, Ms. Sheldon urged the board to avoid the temptation to set the thresholds low, which will inflate gifted scores for some school districts that are doing little for gifted students. She recommends a “C” or above for the gifted value added element; 116 or 117 (out of 120) for the gifted performance index; and a phase-in from 50 in 2014 to 80 out of 100 in 2016 for the gifted input element.

In addition, Ms. Sheldon recommended that the district minimum ADM enrollment be 500 ADM, rather than the 600 ADM selected by the committee, and that districts with missing subgroups for the value-added component should receive an “F” for the missing subgroup, if their enrollment is at or above the minimum ADM enrollment.

•Voting Agenda: The voting agenda for this month includes personnel items and the following resolutions:

#14 Approved a Resolution to Rescind Rule 3301-24-10 of the Administrative Code entitled Alternative Educator License.

#15 Approved a Resolution to Amend Rule 3301-46-01 of the Administrative Code entitled Establishing Provisions for Granting Exceptions from Statutory Provisions and Rules as Necessary to Implement Innovative Education Pilot Programs.

#16 Approved a Resolution to Amend Rules 3301-51-01 to 3301-51-09 and Rule 3301-51-11 of the Administrative Code and to Rescind and Adopt Rule 3301-51-21 regarding the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities.

#17 Approved a Resolution of Appointment to the Educator Standards Board. The Board appointed the following eight individuals to the Educator’s Standards Board:
-Jeffrey Brown, Superintendent, representing BASA
-Stephen Osbsorne, Treasurer, representing OASBO
-Debra McDonald, Pre-K Teacher, representing OEA
-Amy Poole, Elementary Teacher, representing OEA
-Joseph Fultz, Elementary Teacher, representing OEA
-Jean Cerniglia, Middle School, representing OEA
-Kelly Bell, Secondary Teacher, representing OEA
-Donna Kavanaugh, Secondary Teacher, representing OFT

#18 Approved a Resolution to Approve the Recommendation of the Hearing Officer and to Dismiss the Parent’s Appeal Pursuant to R.C. 3356.05 Regarding a Dispute with the West Liberty-Salem School District about Credits Granted for a Post-Secondary Options Course.

#19 Approved a Resolution Celebrating the 60th Anniversary of the Decision in Brown v. Board of Education.

See http://education.ohio.gov/State-Board/State-Board-Meetings/State-Board-Meetings-for-2014-1

7) Bills Introduced

•HB536 (Smith/Antonio) Children Vaccination: Require that children enrolled in licensed child care facilities be immunized in accordance with a schedule that is based on the schedule recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

FYI ARTS

1) NEA Report and New Strategic Plan: The National Endowment for the Arts (NEA) released in April 2014 a report about the Education Leaders Institute (ELI), an initiative started in 2008 by the NEA to bring together teams from 29 states to develop strategies to strengthen states’ arts education policies. The report describes the results of the initiative and how the results are reflected in a new NEA arts education strategic plan, which is also included in the report.

The vision of the NEA is for every student to be engaged and empowered through an excellent arts education. The report recommends four “catalysts” to promote the arts as a core element of education. The catalysts were identified through the ELI meetings and implementation of ELI initiatives.

-Cross-Sector Collaboration: “Critical to the success of ELI state teams was that the team members came from different backgrounds, with different work roles and responsibilities.” The most successful teams consisted of “...some combination of representation from state legislators, governor’s cabinet members, state school board members, superintendents, public safety officials, district-level school leaders, artists, arts advocates, higher education administrators/faculty, philanthropists, business leaders, and others.” Such collaborations increased the likelihood that team plans would be implemented.

-Systemic Change is necessary to build and sustain support for arts education. “ELI teams took a systemic approach to strengthening arts education through policy changes, legislation, state-wide coalitions, regional arts networks, school-based educational programs, and grassroots engagement.”

-Building Consensus for Sustained Commitment: “The most successful state teams had committed members who continued to work together effectively after their ELI experience, with a partner coordinating their efforts. Regularly scheduled meetings and focused objectives helped the teams sustain their commitment and reach their goals. The teams continued to engage other stakeholders within their states to leverage additional support.”

-Aligning Priorities: “ELI helped each state to position their arts initiatives within the broader movements of educational reform, economic growth, and innovation.”

The NEA strategic plan for arts education positions the arts “...as a driver for transforming students, schools, and communities. What’s key here is a continued focus on students; an acknowledgment that students, communities, and schools change when the arts are at the core; and a recognition of the increasing robustness of out-of-school time initiatives, as well as the trend of the blending of in-school and out-of-school time to better support students.”

As part of the strategic plan, the NEA is implementing strategies to achieve the following goals:

-Leverage investments for deeper impact. In addition to Direct Learning Grants for Students and Professional Development Grants, the NEA added Collective Impact Grants in 2014, to impact entire systems that serve students, including neighborhoods, schools, school districts, states. “All projects must embrace the guiding principles of cross-sector partnerships, data, planning, programming, and evaluation. The agency anticipates making multi-year investments in collective impact projects.”

-Drive a national arts education data and research agenda: NEA grants will help local schools, school districts, and communities determine the status of arts education and the NEA is now a member of the National Forum on Education Statistics.

-Collaborate with national, state, and local leaders for collective impact: The NEA recognizes the need to partner with national and state leaders in arts education, and also engage new partners outside of the arts education field “in order to develop and implement a defined national coordinated strategy for arts education.” The NEA in 2013 joined Grantmakers for Education to help align arts education grantmaking efforts with national education funders.

-Provide leadership for the field of arts education: “The NEA will become a clearinghouse and central point of information on what is working in the field in terms of collective impact.” The NEA will share with the field new trends and information about projects on its website, in webinar series, in e-newsletters, and in arts education reports. The NEA will also continue to provide leadership through the Arts Education Partnership, the State Education Agency Directors of Arts Education, and the National Assembly of State Arts Agencies.

See “Education Leaders Institute Alumni Summit Report”, National Endowment for the Arts, April 2014 at
http://arts.gov/publications/education-leaders-institute-alumni-summit-report

2) No Better Time to Study the Arts: An article in the North Bay Nipissing News, Ontario, Canada, explains why students who study the arts are better prepared for the new jobs in this creative economy. Some of new high-demand jobs, including application design, video production, graphic design, etc., were not even available ten years ago. Jobs in the fields of arts and culture increased 30 percent in Canada during the 1990s as a result of new technology, which is transforming art-making.

According to the article, students need creativity, innovation, collaboration, and communication skills learned through the study of the arts to be successful in the rapidly changing economy. Schools are not prepared to meet the new demand for a creative and innovative workforce, but some are trying to meet the demand by merging technology and the arts.

See “Arts Education A “Secret Weapon” To Career Futures” by Laurel J. Campbell, North Bay Nipissing News, April 25, 2014 at
http://www.northbaynipissing.com/news-story/4485250-arts-education-a-secret-weapon-to-career-futures/.