Arts On Line Update 06.18.2012

129th Ohio General Assembly: The House and Senate completed work on a variety of bills last week and are taking a summer break. A schedule for the second half of this legislative session has not been posted yet, but lawmakers might return in July or the fall to complete work on several high profile issues, such as pension reform and Governor Kasich’s proposal to increase the severance tax on oil/gas production in Ohio. Otherwise lawmakers will be on the campaign trail through election day, November 6, 2012.

Major Education Bills Approved: The House and Senate approved two major education bills last week, SB316 (Lehner/Turner) Mid Biennial Review — Education, and HB525 (Amstutz/Williams) Cleveland Plan. The Governor is expected to sign the bills into law.

Both bills were hotly debated over the past months, resulting in last minute changes and revisions of revisions last week. The controversial A-F state rating system for schools and standards for dropout prevention schools were removed from SB316 by the House and are expected to be included in stand-alone legislation, HB555 (Stebelton). Also removed from the bill were provisions supporting regional schools for gifted students.

Representative Debbie Phillips unsuccessfully tried to amend the HB525 provision that allows the Cleveland Municipal School District to share local tax revenue with partnering charter schools. Representative Phillips recommended that the Cleveland Metropolitan School District develop a “memorandum of understanding” to share revenue with partnering community schools, rather than share local tax revenue. This is still one of the most controversial aspects of the legislation, and could lead to a constitutional challenge.

Absentee Ballots for Every Voter!! Secretary of State Jon Husted announced on June 12, 2012 his plan to send absentee ballot applications to every registered voter in Ohio for the November 2012 Election. According to a press release, the ballot applications will be mailed in two installments, September and also in October. The $2-3 million cost will be covered by the federal “Helping America Vote Act”. Voting by absentee ballot starts October 2, 2012. More information is available.

State Board Members Resign: Dennis Reardon and Tess Elshoff, appointed members of the State Board of Education, submitted their resignations last week. Mr. Reardon’s term would have ended on December 31, 2012 and Ms. Elshoff’s term would have ended in December 2014. Governor Kasich has the authority to appoint new members to the State Board, which includes 11 elected and 8 appointed members.

Governor Kasich Comments About Upcoming Initiatives: Hannah News Service reported on June 14, 2012 that Governor Kasich plans even more changes for Ohio in the next budget. (Kasich, Leaders Laud MBR, Governor Says ‘You Ain’t Seen Nothing Yet’, Hannah Report, June 14, 2012.)

Speaking at an event at the governor’s residence in Bexley, the governor said that the changes made in Ohio’s education system, energy policies, tax policies, jobs programs, and more through the Mid Biennium Review legislation were nothing compared to his administration’s future plans for Ohio.

According to the article, the governor intends to push for a severance on natural oil/gas production, linking educational initiatives to private sector needs, a new system for funding schools, and an initiative in the next budget that he referred to as the “twin towers”. He also said that budget guidance for state agencies and departments would be released within the next two or three weeks. The focus of the school funding proposal will be on the quality of the graduates, rather than the amount allocated to schools.

The Governor also said that it is his responsibility to develop the new system, although he is willing to share information with the House subcommittee that is expecting to meet over the summer to discuss a new school funding formula.

Beyond Boundaries Released: Richard A. Ross, director of The Governor’s Office of 21st Century Education and Tim Kean, director of the Office of Management and Budget released on June 13, 2012 a report entitled “Beyond the Boundaries: A Shared Services Action Plan for Ohio Schools and Governments”.

The report includes the results of a survey of Ohio schools, other educational service providers, and local political subdivisions regarding shared services, and a Shared Services Model which is expected to be included in some form in the next biennium budget for FY14-15.

The survey identified the following barriers to collaboration:

  • 39.8 percent of survey respondents indicated that legal and policy barriers were the main obstacle to sharing services
  • 28.5 percent reported that collaboration made “No financial sense”
  • 27.5 percent said that budget difficulties was a barrier
  • 26.4 percent reported that negotiated agreements were a barrier

Other barriers reported included geographic obstacles, governance, organizational inertia, cost model for service, job security/employee cooperation, issues related to competition, and lack of public support (2.9 percent).

The report includes the following recommendations;

  • Local government and education leaders need to utilize existing authority to enter into simple agreements. (HB153 – Sec. 9.482 ORC)
  • The State should make a thorough review of Ohio’s existing network of educational service, information technology and education technology centers, and provide recommendations on the necessary structure and governance that will provide an integrated system of regional shared service centers (RSSC) using implementation strategies detailed in this plan.
  • The State should continue to seek legislative approval, when necessary, to further remove identified barriers to shared services.
  • Formation of regional shared service centers must become a priority.
  • Apply additional market forces to encourage the use of shared services and ensure the quality of services.
  • The State should continue developing tools to assist local collaboration and shared services.
  • The Local Government Innovation Council should create and award bonus points to applicants for submitting projects that are consistent with recommendations or promising practices identified in this Shared Services Plan.
  • The State should develop benchmarks for spending and/or financial reporting that provide public transparency around cost effectiveness and create the capacity for state reporting necessary to evaluate performance and cost effectiveness.
  • The State should create “triggers” for districts and/or local governments in fiscal distress (categorized as fiscal caution, fiscal watch or fiscal emergency) or those with substantial recommendations coming out of performance audits.
  • The Shared Services Model should be used by state and local leaders to determine opportunities for shared services and the optimum manner for individual entities to join together for the provision of a specific shared service.
  • State associations that have participated in developing this Shared Services Plan should take a leadership role in developing draft agreements; educating their members; facilitating the relationships regionally – both within and across their memberships; training their members in using the tools available to them and communicating about shared services consistently over the next few years.
  • The Shared Services Model should be used by state and local leaders to determine opportunities for shared services and the optimum manner for individual entities to join together for the provision of a specific shared service.

The report is available.

Highlights of SB316 (Lehner) Mid Biennium Review – Education: Senate Bill 316 (Lehner) was introduced on March 22, 2012 at the request of Governor Kasich. The bill was part of Governor Kasich’s mid-biennium budget review, and, as introduced, cleaned-up some dates and language, and amended and adopted new sections of law regarding child day care, including Type B family day-care homes (Sec. 5104). In fact most of the changes in law included in the bill are about standards, evaluation, and the operations of preschool/child day care centers.

But the bill, as introduced, also included a variety of changes in education law regarding the state’s system of rating and ranking schools/districts; community schools; dropout prevention schools; teacher evaluations; blended learning; etc.

Since its introduction SB316 has undergone several revisions, as lawmakers debated provisions regarding the third-grade guarantee, a new A-F rating system for schools/districts, teacher evaluation, and accountability for dropout and prevention programs. The proposed new A-F rating system for schools/districts and accountability provisions for dropout recovery and prevention programs were eventually removed from the bill, and have been moved to HB555 (Stebelton/Butler) Academic Performance Rating Systems for Schools.

The following is a summary of the key components of the bill as enacted.

Sec. 3301.04. State Board of Education Meetings: Changes the number of required meeting that the State Board of Education must hold annually. Requires the State Board to adopt, by the thirty-first day of March each year, a calendar indicating the dates on which the board will hold its regular meetings for the following fiscal year rather than hold a regular meeting once every three months.

Sec. 3301.079 Career Connections: (A) Directs the State Board of Education to adopt academic content standards “periodically”. By June 30, 2013, the State Board, in consultation with any office housed in the governor’s office that deals with workforce development, is required to develop a K-12 model curricula that embeds career connection learning strategies into regular classroom instruction.

(G) Blended Learning: Requires the State Board to provide information on the use of blended or digital learning in the delivery of the standards or curricula to students.

(I) Defines blended learning as the delivery of instruction in a combination of time in a supervised physical location away from home and delivery whereby the student has some element of control over time, place, path, or pace of learning. Defines digital learning as learning facilitated by technology that gives students some element of control over time, place, path, or pace of their learning.

Sec. 3301.0710. Third Grade Guarantee: Requires the State Board to determine and designate a level of achievement, not lower than “limited” on the third grade English language arts assessment for a student to be promoted to the fourth grade. The State Board is directed to review and adjust upward the level of achievement designated under this division each year the test is administered until the level is set to proficient.

Sec. 3301.0714 Student ID: (D)(2)(c) Allows other entities, such as state agencies (health, job and family services, mental health and developmental disabilities) that administer publicly funded programs and services to children who are younger than compulsory school age, in addition to school districts and community schools, to request and receive a unique data verification code to students upon enrollment, and (D)(2)(b) requires community schools (as well as school districts) to ensure that the data verification code is included in the student’s records.

Sec. 3301.0715 Third Grade Guarantee: Requires boards of education to administer diagnostic assessments to students at least once annually and when appropriate and in accordance with 3313.608 (third grade reading guarantee) to all students in the appropriate grade level, and report the results and any remediation plan developed for the student to the Ohio Department of Education and to parents.

Sec. 3301.52 Child Care: Defines “school child” as a child who is enrolled in or is eligible to be enrolled in a grade of Kindergarten or above, but is less than fifteen years old.

Defines “child care” as administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four-hour day in a place or residence other than a child’s own home. States that “Child day-care center,” “publicly funded child care,” and “school-age child care center” have the same meanings as in section 5104.01 of the Revised Code.

Sec. 3301.58 Child Care Programs: Makes changes in the operation and licensing of preschool programs and child care programs; the evaluation and investigation of preschool and childcare programs; and revocation of a license.

Sec. 3301.90 Removes reference to the childhood advisory council advising the state about the center for early childhood development.

Sec. 3301.922 Body Mass Screenings: Requires the ODE to issue an annual report on the participation by schools in the optional screening of students for body mass index and weight status categories, and submit the report to the governor, general assembly, and healthy choices for healthy children council.

Sec. 3301.941 Authorizes the collection of unique student data for early childhood programs publicly funded.

REMOVED: Sec. 3302.022: This section was in the bill as introduced, but has been removed. It required by March 31, 2013 the State Board of Education to adopt performance indicators for dropout prevention and recovery programs operated by school districts or community schools for the purposes of the report cards required under sections 3302.03 and 3314.012 of the Revised Code. The performance indicators shall measure all of the following:

  • The extent to which the district’s or school’s program meets each of the applicable performance indicators established under section 3302.02 of the Revised Code and the number of applicable performance indicators that have been achieved;
  • The performance index score of the district’s or school’s program;
  • Student academic growth in English language arts, mathematics, science, and social studies measured using nationally normed tests, the assessments prescribed by section 3301.0710 of the Revised Code, or other assessments approved by the department of education;
  • Graduation rate for both of the following student cohorts: the percentage of students currently enrolled in a school who entered ninth grade for the first time five years prior to the current school year and earned a high school diploma by the completion of the current school year; and the percentage of students currently enrolled in a school who entered ninth grade for the first time six years prior to the current school year and earned a high school diploma by the completion of the current school year.

NO CHANGES: Sec. 3302.03: In the introduced version of the bill, this provision was revised to include the new A-F rating system for schools. As passed there are no changes in this section of law regarding Ohio’s accountability system.

Sec. 3302.033. Report Cards for Joint Vocational Schools: Requires the Department of Education (ODE) to annually issue a report card for each joint vocational school district and career-technical planning district, beginning with report cards for the 2012-2013 school year to be published not later than September 1, 2013.

Requires that the State Board in consultation with the chancellor of the Ohio board of regents and any office within the office of the governor concerning workforce development, the Ohio association of career technical superintendents, and for other career-technical planning districts that are not joint vocational school districts, submit details of the approved report card to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the standing committees of the house of representatives and the senate principally responsible for education policy.

As used in this section, “career-technical planning district” means a school district or group of school districts designated by the department as being responsible for the planning for and provision of career-technical education services to students within the district or group.

Sec. 3302.042: Parent Trigger: Establishes December 31st of any school year as the deadline for parents or guardians of eligible schools to file a petition requesting the district board of education to implement education reform options. (Parent Trigger) Makes exceptions for (E) if the provisions of this section conflict in any way with the requirements of federal law, federal law shall prevail over the provisions of this section, and (F) if a school is restructured under this section, Section 3302.10 or Section 3302.12 of the Revised Code, or federal law, the school shall not be required to restructure again under state law for three consecutive years after the implementation of that prior restructuring.

Sec. 3302.12: Parent Trigger: Makes exceptions regarding the restructuring schools of some schools that are ranked in the lowest five per cent of public schools according to the performance index score, for the Parent Trigger and for schools that have already been restructured within the past three years.

Sec. 3302.20: Reporting Classroom and Non-classroom Expenditures: Requires the ODE to align the expenditure categories required for reporting classroom and non-classroom instructional operating expenditures with the categories used to report to the U.S. Department of Education under federal law. Resets the deadline for the State Board of Education to adopt a final set of expenditure standards to December 31, 2012. Requires school districts, community schools, and STEM schools to begin reporting data in accordance with the standards on July 1, 2012 2013.

Requires that the ODE report the twenty per cent of all joint vocational school districts statewide with the highest report card scores.

Sec. 3302.21 and 3302.25 Reporting Classroom and Non-classroom Expenditures: Makes changes to the system that the ODE is required to develop to rank order all city, exempted village, and local school districts, community schools established under Chapter 3314, and STEM schools established under Chapter 3326 of the Revised Code based on expenditures. Removes joint vocational schools from the ranking system established for career technical schools. Cleans-up language and removes “administrative expenditures” and replaces the term with “non-classroom expenditures”.

Sec. 3302.41 Blended Learning: Allows any local, city, exempted village, or joint vocational school district, community school, STEM school, college-preparatory boarding school, or non-public school to operate all or part of a school using a blended learning model.

Requires the State Board to revise operating standards for school districts and non-public schools to include standards for blended learning. Defines what should be included in those standards, including a provision that states, (B)(3) “The ability of all students, at any grade level, to earn credits or advance grade levels upon demonstrating mastery of knowledge or skills through competency-based learning models. Credits or grade level advancement shall not be based on a minimum number of days or hours in a classroom.” Excludes internet- or computer-based community schools, as blended learning school authorized under this section.

Sec. 3310.03 Education Choice Scholarship: Allows students to participate in the program when (C) the student is enrolled in a non-public school at the time the school is granted a charter by the state board of education under section 3301.16 of the Revised Code and the student meets the standards of division (B) of section 3310.031 of the Revised Code.

Sec. 3310.31 Educational Choice Scholarship: Establishes the procedures for granting educational choice scholarships to students who attend non-public schools that are in the process of getting a charter from the Ohio Department of Education.

Sec. 3310.08 Payment of Educational Choice Scholarship: States that in the case of a student entitled to attend school in a school district under division (B)(2)(a) of section 3313.64 or division (C) of section 3313.65 of the Revised Code, the ODE shall deduct the payments from the school district that includes the student in its average daily membership as reported to the department under section 3317.03 of the Revised Code, as determined by the department.

Sec. 3310.15 Assessment of Students in the Educational Choice Scholarship Program: Changes “age” to “grade level” as a criteria to disaggregate student performance data for students participating in the Educational Choice Scholarship Program.

Sec. 3313.37 (2) Educational Service Centers: Removes the following statement: “If a governing board exercises any of these powers to acquire office or classroom space, the board of county commissioners has no obligation to provide and equip offices and to provide heat, light, water, and janitorial services for the use of the service center pursuant to section 3319.19 of the Revised Code, unless there is a contract as provided by division (D) of that section.”

Sec. 3313.41 School Facilities: Allows boards of education to sell property to an eligible nonprofit institution of higher education and to the governing authority of a chartered non-public school. Establishes the priorities for school districts to follow when disposing of property, including the board of trustees of any college-preparatory boarding school.

Sec. 3313.411 School Facilities: Makes changes regarding offering unused school district property to governing authorities for college preparatory boarding schools and charter schools, and allows boards of education to offer school buildings to charter school governing authorities or individuals or groups holding valid preliminary agreements to open a charter school.

Sec. 3313.608 Third Grade Guarantee: Establishes new promotion requirements in reading for students entering the third grade in 2013-14 and new procedures for ensuring that students can read. Exempts students in limited English proficiency programs for less than two full years; students with disabilities and IEPs that exempt the student from retention; students who demonstrate acceptable level of performance on an alternative reading assessment; and students who meet other specified conditions.

Requires school districts to annually assess the reading skills of each student enrolled in Kindergarten to third grade by the 30th day of September and identify students who are reading below their grade level by the end of the school year.

(B)(4) Requires that students who are retained but are identified as gifted continue to receive instruction in the specific academic ability field as defined in section 3324.01 of the Revised Code.

Requires the school district to develop and monitor a reading improvement plan and provide intense remediation to students. Specifies that (F) “intensive, explicit, and systematic instruction” shall be included in the plan.

Sec. 3313.6411 Parent Notification: Requires school districts to provide parents who are enrolling their students in the school, with a copy of the most recent report card of the school.

Sec 3313.674 Body Mass Index: Makes completely permissive student screening for body mass index and weight status, but if a board of education adopts a policy to screen for body mass index, still allows parents to choose to opt-out. The ODE may produce a report.

Sec. 3314.012 Requires charter schools to comply with Sec. 3302.03 regarding Ohio’s rating system for schools.

Sec. 3313.978 Assessment of Students in the Cleveland Scholarship and Tutoring Program: Changes “age” to “grade level” as a criteria to disaggregate student performance data for students participating in the Cleveland Scholarship and Tutoring Program.

Sec. 3314.015 Charter School Sponsor: Specifies that the Office of Ohio School Sponsorship, and not the ODE, may take over sponsorship of those community schools that lose their sponsors based on a decision by the State Board of Education to revoke the sponsor’s approval. Community schools sponsored under this division do not apply to the limit on directly authorized community schools under division (A)(3) of section 3314.029 of the Revised Code, and can apply for sponsorship by the Office of Ohio School Sponsorship.

Sec. 3314.016 Charter School Sponsors: Makes several changes in the qualifications of sponsors of community schools, and in how community schools are ranked. Includes the Office of Ohio School Sponsorship in the ranking system. Requires the ODE to annually rank sponsors of conversion community schools and start-up community schools from highest to lowest based on a composite performance index score. Exempts all community schools that have been in operation for less than two full years and dropout recovery/prevention community schools unless the schools become subject to closure under 3314.35 (D).

Requires sponsors of community schools to comply with all provisions to report data or information to the ODE, and those that do not are not permitted to enter into contracts to sponsor additional community schools. Specifies that sponsors of conversion schools or start-up community schools that are ranked, based on the composite index score, in the lowest twenty percent of community school sponsors, are not allowed to enter into new contracts to sponsor community schools. The ODE is required to publish the rankings required between the 1-15th day in October.

Sec. 3314.02 Charter School Sponsors: Redefines “sponsor” of a community school to state that “(1) “Sponsor” means the board of education of a school district or the governing board of an educational service center that agrees to the conversion of all or part of a school or building under division (B) of this section, or an entity listed in division (C)(1) of this section, which either has been approved by the department of education to sponsor community schools or is exempted by section 3314.021 or 3314.027 of the Revised Code from obtaining approval, and with which the governing authority of the proposed community school enters into a contract pursuant to this under section 3314.03 of the Revised Code.”

Sec. 3314.029 Charter School Sponsors: (A)(4) Allows the ODE to deny an application submitted by the governing authority of an existing community school, if a previous sponsor of that school did not renew its contract with the school.

Sec. 3314.03 Sponsor Contracts: Requires the ODE to make available on its web site a copy of every approve, executed contract filed with the superintendent under this section.

Sec. 3314.06 Community School Student Enrollment: Allows an individual younger than five years of age to be admitted to the school in accordance with division (A)(2) of Section 3321.01 of the Revised Code. Allows community schools to establish single gender schools for either sex.

Sec. 3314.08 Community School Student Enrollment: Requires a school district board and a community school governing authority to include in their reports any child admitted in accordance with (A)(2) of Section 3321.01. ( Children under the age of five).

Sec. 3314.11 Community School Enrollment Verification: States that school districts shall verify to the ODE both of the following: the community school in which the student is enrolled and that the student is entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code. Permits community schools to adopt a policy that prescribes the number of documents required to verify a student’s residency. This policy, if adopted, shall supersede any policy concerning the number of documents for initial residency verification adopted by the district the student is entitled to attend. If a community school does not adopt a policy under this division, the policy of the school district in which the student is entitled to attend shall prevail. Defines that the school district in which a parent or child resides is the location the parent or student has established as the primary residence and where substantial family activity takes place.

Requires community schools to provide documentation about the student’s residency and make a good faith effort to accurately identify the correct residence of the student if the school district challenges the residency of a student.

Identifies the following documents that may serve as evidence of primary residence:

  • A deed, mortgage, lease, current home owner’s or renter’s insurance declaration page, or current real property tax bill;
  • A utility bill or receipt of utility installation issued within ninety days of enrollment;
  • A paycheck or pay stub issued to the parent or student within ninety days of the date of enrollment that includes the address of the parent’s or student’s primary residence;
  • The most current available bank statement issued to the parent or student that includes the address of the parent’s or student’s primary residence;
  • Any other official document issued to the parent or student that includes the address of the parent’s or student’s primary residence. The superintendent of public instruction shall develop guidelines for determining what qualifies as an “official document” under this division.

(F) When a student loses permanent housing and becomes a homeless child or youth, as defined in 42 U.S.C. 11434a, or when a child who is such a homeless child or youth changes temporary living arrangements, the district in which the student is entitled to attend school shall be determined in accordance with division (F)(13) of section 3313.64 of the Revised Code and the “McKinney-Vento Homeless Assistance Act,” 42 U.S.C. 11431 et seq.

States that the Superintendent of Public Instruction or the state superintendent’s designee, shall determine which district the student is entitled to attend and shall direct any necessary adjustments to payments and deductions under sections 3314.08 and 3314.13 of the Revised Code based on that determination if the community school and school district can not agree.

Sec. 3314.15. Body Mass Index Screening: The governing authority of a community school, other than an internet- or computer-based community school, may screen students for body mass index and weight status category. If a governing authority elects to require the screenings, it shall comply with section 3313.674 of the Revised Code in the same manner required of a school district board of education.

Sec. 3314.35 Closing Community Schools: States that (D) Notwithstanding division (A)(3)(a) of this section (community schools that have been granted a waiver under 3314.36), if, by March 31, 2013, the general assembly does not enact for community schools a report card rating system, and criteria for closure, those schools shall be required to permanently close upon meeting the criteria prescribed in division (A)(2) of this section, except that, subject to division (C) of this section, only the performance ratings issued for the 2012-2013 school year and later shall count in determining if the criteria are met.

Sec. 3317.01 Law Enforcement Emergencies: Exempts situations in which law enforcement emergencies close schools in the calculation of the minimum number of days or hours that a school must be open for instruction with pupils in attendance.

Sec. 3318.034 School Facilities: Changes from .04 to .02 times the district’s valuation, the minimum amount of the cost of a segment of construction/renovation to participate in the school facilities program.

Sec. 3318.364 School Facilities: Allows the Ohio School Facilities Commission to provide at its discretion assistance to a school district that has entered into an expedited local partnership agreement before the district is otherwise eligible for that assistance based on its percentile rank, if the commission determines that the district meets certain provisions.

Sec. 3318.37 School Facilities: Changes the definition of exceptional need classroom facilities assistance based on health and safety rather than low wealth or large area school district.

Sec. 3318.70 STEM Schools Facilities: (C) In the case of the governing body of a group of STEM schools, as prescribed by section 3326.031 of the Revised Code, the governing body shall submit a proposal for each school under its direction separately, and the commission shall consider each proposal separately.

Sec. 3319.02 Assistant Principals/Other Administrators: Includes assistant principals in the state teacher evaluation system. Defines “other administrators” as a supervisor, business manager, and someone employed as an “licensed administrator” and teaches less than 50 percent of the time. Requires boards of education to renew the contracts of administrators prior to the first day of June of the year, rather than March.

Sec. 3319.11 Teacher Contracts: Requires boards of education to renew the contracts of teachers prior to the first day of June of the year, rather than April, or give notice to not reemploy. States that a teacher is presumed to have accepted employment under such continuing contract unless such teacher notifies the board in writing to the contrary on or before the fifteenth day of June.

Sec. 3319.111 Requires boards of education not later than July 1, 2013 in consultation with teachers employed by the board, to adopt a standards-based teacher evaluation policy that conforms with the framework for evaluation of teachers developed under section 3319.112 of the Revised Code. States that this provision applies to any person who is employed under a teacher license and who spends at least fifty per cent of the time employed providing student instruction. However, this section does not apply to any person who is employed as a substitute teacher.

Specifies who can conduct the evaluations. Allows a person employed by an entity contracted by the board of education of a school district to conduct teacher evaluations, as long as the persons have the credential established by the ODE for evaluators.

Requires boards of education of school districts to submit to the ODE the number of teachers evaluated and the number assigned a rating, aggregated by the teacher preparation programs from which and the years in which teachers graduated.

The guidelines shall not permit or require that the name of, or any other personally identifiable information about, any teacher be reported under this division.

States that “Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after September 29, 2011.”

Sec. 3319.112 Teacher Evaluation System: Allows the State Board to update the Ohio Teacher Evaluation Framework periodically. States that “In calculating student academic growth for an evaluation, a student shall not be included if the student has sixty or more un-excused absences for the school year.”

Requires the State Board by June 30, 2013, in consultation with state agencies that employ teachers, to develop a standards-based framework for the evaluation of teachers employed by those agencies.

Sec. 3319.58 Teacher Examinations: Beginning with the 2015-16 school year, requires classroom teachers (in city, exempted village, local school districts, and joint vocational school districts, and currently teaching in a core subject area) and who have received a rating of ineffective on the evaluations conducted under section 3319.111 of the Revised Code for two of the three most recent school years to register for and take all written examinations of content knowledge selected by the ODE as appropriate to determine expertise to teach that core subject area and the grade level to which the teacher is assigned.

Sec. 3319.58 Teacher Examinations: Beginning with the 2015-16 school year, requires classroom teachers in community schools and STEM schools and teaching in a core subject area with a building ranked in the lowest ten per cent of all public school buildings according to performance index score, under section 3302.21 of the Revised Code, to register for and take all written examinations to teach that core subject area and the grade level to which the teacher is assigned under section 3319.22 of the Revised Code.

(D) States that if a teacher who takes an examination under division (B) of this section passes that examination and provides proof of that passage to the teacher’s employer, the employer shall require the teacher, at the teacher’s expense, to complete professional development that is targeted to thedeficiencies identified in the teacher’s evaluations conducted under section 3319.111 of the Revised Code. The receipt by the teacher of a rating of ineffective on the teacher’s next evaluation after completion of the professional development, or the failure of the teacher to complete the professional development, shall be grounds for termination of the teacher under section 3319.16 of the Revised Code. A teacher who passes the examination is not required to take the examination again for three years.

Sec. 3321.01 Kindergarten Admission; Allows students under the age of five by the beginning day of the school semester to be eligible for early admittance if the child has been recommended for early admittance in accordance with the district’s acceleration policy adopted under section 3324.10 of the Revised Code. A child who does not meet the age requirement for admittance to kindergarten or first grade shall be evaluated for early admittance upon referral by the child’s parent or guardian, an educator employed by the district, a preschool educator who knows the child, or a pediatrician or psychologist who knows the child. (4) States that after a student has been admitted to kindergarten in a school district or chartered non-public school, no board of education of a school district to which the student transfers shall deny that student admission based on the student’s age. Removes all language regarding the responsibilities of the pupil personnel services committee, which issued waivers allowing students to be admitted to first grade without completing Kindergarten.

Sec. 3323.011 IEP Requirements: Requires an individualized education program (IEP) to include for children fourteen, rather than sixteen, appropriate measurable post-secondary goals based onage-appropriate transition assessments related to employment in a competitive environment in which workers are integrated regardless of disability.

Sec. 3323.052 Peterson Scholarship Program: Requires that each time a child’s school district completes an evaluation for a child with a disability or undertakes the development, review, or revision of the child’s IEP, the district shall notify the child’s parent, by letter or electronic means, about both the autism scholarship program, under section 3310.41 of the Revised Code, and the Jon Peterson special needs scholarship program, under sections 3310.51 to 3310.64 of the Revised Code.

Sec. 3323.19 Eye Examinations: Requires the ODE to annually report the total number of students enrolled in the district who received an eye examination.

Sec. 3326.03 Multiple STEM Schools: States that the STEM Committee may authorize the establishment of a group of multiple STEM schools to operate from multiple facilities located in one or more school districts under the direction of a single governing body in the manner prescribed by section 3326.031 of the Revised Code. The STEM committee may approve one or more STEM schools to serve only students identified as gifted under Chapter 3324 of the Revised Code.

Sec. 3326.031 Outlines how the STEM group schools will operate and requires the ODE to issue a separate report card for each school within a group, and a report card for the group of schools.

Sec. 3328.15 College-preparatory boarding school: Allows the governor, operator, or any other person or entity who appoints a member of the board of trustees to remove that member from the board at any time.

Sec. 3333.0411 Teacher Preparation Programs: Requires, not later than December 31, 2012, the chancellor of the Ohio Board of Regents to report the aggregate academic growth data for students assigned to graduates of teacher preparation programs for teachers who teach English language arts or mathematics in any of grades 4-8 in a public school in Ohio. For this purpose, the chancellor shall use the value-added progress dimension prescribed by section 3302.021 of the Revised Code. The chancellor shall aggregate the data by graduating class for each approved teacher preparation program, except that if a particular class has ten or fewer graduates to which this section applies, the chancellor shall report the data for a group of classes over a three-year period.

Not later than December 31, 2014, the chancellor of the Ohio board of regents shall report for each approved teacher preparation program, the number and percentage of all graduates of the program who were rated at each of the performance levels on an evaluation conducted in accordance with section 3319.111 of the Revised Code in the previous school year.

In no case shall the report reports identify any individual graduate. The department of education shall share any data necessary for the report with the chancellor.

Sec. 4123.391 Learn to Earn Program: Allows the Department of Job and Family Services to establish “learn to earn programs” which are designed to increase an individual’s opportunity to move to permanent employment through a short-term work experience placement with an eligible employer.

Sec. 4139.05 Makes some changes regarding apprentice programs and the apprenticeship council.

Sec. 5104 Child Care Programs: Makes a variety of changes regarding licensed child care programs; the criteria for establishing the programs; the qualifications for the administrators and staff of licensed child care programs; the evaluation of the programs based on the tiered quality and rating system rather than a “voluntary child day care center quality rating system”, and more.

Sec. 5123.022 Developmental Disabilities: Establishes as a policy of the state that employment services for individuals with developmental disabilities be directed at placement whenever possible of each individual in a position in the community in which the individual is integrated with the employer’s other workers who are not developmentally disabled. The policy articulated in this section is intended to promote the right of each individual with a developmental disability to informed choice; however, nothing in this section requires any employer to give preference in hiring to an individual because the individual has a disability.

Sec. 6301.02, 6301.04, 6301.06 State Workforce Policy Board: Establishes the state workforce policy board established by section 6301.04 of the Revised Code and the local workforce policy board created pursuant to section 6301.06 of the Revised Code.

Sec. 267.10.90. (C) Requires the State Board of Education, not later than December 31, 2013, to submit to the General Assembly recommended changes to divisions (A)(2) and (3) of section 3301.0710 of the Revised Code necessary to successfully implement the common core curriculum and assessments in the 2014-2015 school year.

Sec. 267.50.30. Allows a community school that was not open for operation as a community school as of May 1, 2005, to operate from or in any home, as defined in section 3313.64 of the Revised Code, located in the state, regardless of when the community school’s operations from or in a particular home began.

SECTION 733.10. States that not later than June 20, 2013, the Department of Education shall conduct a study of the licensure requirements for educational staff responsible for the development of informational sources for the support of curriculum and literacy development in schools. The Department and the State Board of Education shall use the study to make any necessary updates or revisions to the licensure requirements for those staff.

Highlights of HB525 (Amstutz/Williams) the Cleveland Plan: The Ohio House and Senate eventually approved Sub. HB525 (Amstutz/Williams) the Cleveland Plan after debating two similar bills, SB335 (Turner-Lehner) and HB525 (Williams-Amstutz), in their respective chambers over the past few weeks. The House approved HB525 on June 12, 2012 and the Senate on June 13, 2012.

The two bills were introduced on April 25, 2012 to implement changes for the Cleveland Metropolitan School District proposed by Mayor Frank Jackson, business and foundation leaders, and agreed to, in part, by the Cleveland Teachers Union. The bills, SB335 (Turner-Lehner) and HB525 (Williams-Amstutz) “replaced” SB325 and HB506, which were first introduced in March. The new bills include provisions negotiated by Mayor Jackson and the Cleveland Teachers Union, but retain some controversial provisions that allow the Cleveland Metropolitan School District to share local tax revenue with “partnering” community schools.

HB525 also includes provisions negotiated with community school stakeholders, who initially opposed how community schools would have been selected to participate as partners with the Cleveland school district.

The approved version of the bill also eliminates a provision that would have created criteria to close under-performing community schools located within the Cleveland school district. This provision would not have affected community schools operating dropout prevention and recovery programs, or community schools for students with disabilities receiving special education and related services.

Representative Debbie Phillips proposed on the floor of the House an amendment that would have addressed one of the most controversial provisions of HB525, the provision that allows the Cleveland Metropolitan School District to share local tax revenue with “partnering” community schools. This provision is a significant change in tax policy for the state, and even though it only applies to the Cleveland Metropolitan School District, there is a concern that community schools will now pressure the General Assembly to expand the tax sharing provision statewide, or even sue the state to expand this provision for all community schools. The amendment proposed by Representative Phillips would have authorized the Cleveland Metropolitan School District to establish a “memorandum of understanding” with partnering community schools to receive additional funds rather than share local tax revenue. The amendment was tabled by the House before the bill passed 77 to 16.

The following is a summary of some of the key provisions included Sub. HB525:

Overall the bill as enacted amends several sections of education law to align with new Sections 3311.77 to 87. Sections 3311.71 to 76 in current law refer to a municipal school district (the Cleveland Metropolitan School District – CMSD) in which the mayor appoints a nine-member board of education. Throughout the legislation “municipal school district” means the Cleveland Metropolitan School District (CMSC).

Sec. 2921.02 Cleans-up language about bribery of a state official. New provisions (E) and (F) state that no persons should bribe a member of the transformation alliance established in this legislation.

Sec. 3302.03 (C)(6) (c) Performance Standards: Permits the CMSD under Section 3311.71 of the Revised Code, to combine the academic performance of students enrolled in a community school with comparable data from the schools of the district for the purpose of calculating the performance of the district as a whole on the district’s report card, and to have the students attending the community school noted separately on the district’s report card. This election is subject to the approval of the community school governing
authority.

Any district that so elects shall annually file with the department a copy of the lease or agreement and other documentation indicating eligibility, as required by the department, by October 1st. States that this section does not apply to dropout recovery schools.

Sec. 3311.74. (B)(1) School Improvement Plans: Requires the chief executive officer of a municipal school district to develop a plan that “requires the parents or guardians of students who attend low-performing schools to attend, prior to the fifteenth day of December each year, at least one parent-teacher conference or similar event held by the school the student attends to provide an opportunity for the parents and guardians to meet the student’s teachers, discuss expectations for the student, discuss the student’s performance, and foster communication between home and school.”

(B)(2) Requires the chief executive officer, with the concurrence of the board, to take corrective action in low performing schools, including “adjusting the length of the school year or school day.”

(B)(3) Requires the chief executive officer, prior to taking corrective action pursuant to the plan, to identify which schools are in need of corrective action, what corrective action is warranted at each school, and when the corrective action should be implemented. Collectively, these items shall be known as the “corrective plan.”

States that “The corrective plan is not intended to be used as a cost savings measure; rather, it is intended to improve student performance at targeted schools.”

Requires the chief executive officer and the presiding officer of each labor organization whose members will be affected by the corrective plan to each appoint up to four individuals to form one or more corrective action teams, and implement the plan with a timeline set by the chief executive officer.

Allows the chief executive officer to implement another plan if he/she disagrees with all or part of the recommendations of a corrective action team, or if a corrective action team fails to make timely recommendations on the implementation of all or part of the corrective plan.

States that the chief executive officer and any corrective action team are not bound by the applicable provisions of collective bargaining agreements in developing recommendations for and implementing the corrective plan.

(B)(4)”Notwithstanding anything to the contrary in Chapter 4117 of the Revised Code, the content of the plan developed under this division and any actions taken to implement the plan prevail over any conflicting provision of a collective bargaining agreement entered into on or after the effective date of this amendment.”

Sec. 3311.741 Performance Standards: (B) Requires the Cleveland Metropolitan School District by December 1, 2012 to submit to the superintendent of public instruction an “array” of measures to be used to evaluate the performance of the district, including student achievement, student progress over time, achievement and progress of categories of students, and college and career readiness. The state superintendent can approve or modify the recommendations.

(C) Requires the board of education of the municipal school district to measure progress toward meeting its goals beginning with the 2012-2013 school year based on the measures and (D) issue a report to the governor, state superintendent, and the general assembly.

Sec. 3311.742 Partnering Community Schools: Defines partnering community school” as a community school established under Chapter 3314 of the Revised Code that is located within the territory of a municipal school district and that either is sponsored by the district or is a party to an agreement with the district whereby the district and the community school endorse each other’s programs.

(B) Requires the board of education of each municipal school district and the governing authority of each partnering community school to require each of its schools offering grades nine to twelve to establish a student advisory committee to recommend strategies to improve teaching and learning at the school; how to use technology in the classroom to engage students; strategies to encourage high achieving students to work with under-performing students; ways for students to improve the behavior of other students to reduce incidents of bullying and disruptive behavior; and procedures to monitor progress. (C) The strategies and recommendations will be provided to the district chief executive officer, the school principal, and, if applicable, the person designated to be the representative of the teachers’ labor organization for the school. The board or governing authority shall post the recommendations on the district’s or school’s web site.

Sec. 3311.751 Sale of School District Property: States that notwithstanding division (F) of section 5705.10 of the Revised Code, if a municipal school district board of education sells real property that it owns in its corporate capacity, moneys received from the sale may be paid into the general fund of the district, as long as all of the following conditions are satisfied:
(A) The district has owned the real property for at least ten years.
(B) The real property and any improvements to that real property were not acquired with the proceeds of public obligations, as defined in section 133.01 of the Revised Code, of the district that are outstanding at the time of the sale.
(C) The deposit of those moneys in that manner is not prohibited by any agreements the district board has entered into with the Ohio school facilities commission.

Sec. 3311.76. Waivers: Allows the board of education of a municipal school district to request and receive waivers from certain laws under Title 33 of the Ohio Revised Code and rules. Exceptions apply to Sections 3302, 3317, 3323 (Special Education), and parts of 3307, 3309, and 3319.

Sec. 3311.77 Teacher Contracts/municipal school district. Requires a municipal school district to comply with this section rather than 3319.08 of the Revised Code regarding types of teacher contracts, and states that Section 3319.0811 of the Revised Code shall not apply to the municipal school district. Describes the terms of a contract for a municipal school district and the conditions of employment.

Sec. 3311.78 Salary Schedules. Requires the board of education of each municipal school district to annually adopt a differentiated salary schedules for principals and teachers based on performance as outlined in (D) of this section.

Requires the board to determine the teacher’s or principal’s initial placement on the applicable salary schedule based on years of experience and area of licensure and any other factors the board considers appropriate, and initially place the teacher on the applicable salary schedule so that the teacher’s annual salary on the schedule is comparable to the teacher’s annual salary for the school year immediately prior to the school year covered by the schedule. For each principal hired prior to the effective date of this section, the board shall initially place the principal on the applicable salary schedule consistent with the principal’s employment contract.

(C) States that the salary of a teacher shall not be reduced unless such reduction is accomplished as part of a negotiated collective bargaining agreement. The salary of a principal shall not be reduced during the term of the principal’s employment contract unless such reduction is by mutual agreement of the board and the principal or as part of a uniform plan affecting the entire district.

(D) Prescribes the following be used to measure a teacher’s or principal’s performance to determine salary: (1) The level of license issued under section 3319.22 of the Revised Code that the teacher or principal holds; (2) Whether the teacher or principal is a highly qualified teacher, as defined in section 3319.074 of the Revised Code; (3) Ratings received by the teacher or principal on performance evaluations conducted under section 3311.80 or 3311.84 of the Revised Code. (4) Specialized training and experience.

(E) Allows teachers and principals to receive additional compensation for duties, not contracted for under a supplemental contract, that the board determines warrant additional compensation. Those duties may include, but are not limited to, assignment to a school building eligible for funding under Title I of the “Elementary and Secondary Education Act of 1965,” 20 U.S.C. 6301 et seq.; assignment to a building in “school improvement” status under the “No Child Left Behind Act of 2001,” as defined in section 3302.01 of the Revised Code; teaching in a grade level or subject area in which the board has determined there is a shortage within the district; assignment to a hard-to-staff school, as determined by the board; or teaching in a school with an extended school day or school year.

(F) Allows the board to increase a teacher’s or principal’s salary based on performance and duties upon the recommendation of the chief executive officer. The performance-based increase for a teacher or principal rated as accomplished shall be greater than the performance-based increase for a teacher or principal rated as proficient. The board can also decrease the teacher’s or principal’s salary if the teacher or principal will perform fewer or different duties described in division (E) of this section in the school year for which the salary is decreased.

(G) States that this section prevails over any conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this section, but requires the board and the teachers’ labor organization to negotiate the implementation of the differentiated salary schedule for teachers and negotiate additional factors regarding teacher salaries, provided those factors are consistent with this section.

Sec. 3311.79 Assignment of Teachers. Allows all teachers to apply for open positions. Requires the formation of a building level team to conduct interviews of applicants prior to school opening and during the school year. The team shall be chosen by the principal and the representative of the district’s teachers’ labor organizations, and shall include the building principal, a representative of the district teachers’ labor organization, a parent, a staff member in the same job classification as the posted position, and any other members mutually agreed upon by the principal and the labor organization representative. Specifies the credentials for hiring teachers, including the level and number of subject licenses; highly qualified status; results of teacher performance evaluations in subjects taught; specialized training or experience; and other credentials established.

States that the building team recommendations shall be sent to the chief executive officer. If the building team cannot come to consensus, the chief executive officer or designee can fill a teaching position based on the best interests of the district and the input from the building team.

Allows the chief executive officer or designee to assign, reassign, or transfer a teacher after meeting with the teacher, principals of affected buildings, and representative from the teachers’ labor organization.

States that seniority or a continuing contract status shall not be used as a primary factor in determining any teacher’s assignment to a school.

States that this section prevails over conflicting provisions of a collective bargaining agreement, but that the board and teachers’ labor organization shall negotiate regarding implementation of this section, including the processes by which each building level team conducts its interviews and makes recommendations.

Sec. 3311.80 Teacher Evaluations. Requires a municipal school district to comply with this Section rather than Section 3319.111 – teacher evaluations. Outlines certain conditions for an evaluation framework, which shall be adopted by the board of education and the teachers’ labor organization by July 1, 2013. The evaluation procedures shall conform with the framework developed under Section 3319.112.

States that the evaluation procedures shall describe how the evaluation results will be used for decisions regarding compensation, retention, promotion, and reductions in force and for removal of poorly performing teachers.

Allows teachers to challenge any violation of the evaluation procedures in accordance with the grievance procedures specified in any applicable collective bargaining agreement. A challenge under this division is limited to the determination of procedural errors that have resulted in substantive harm to the teacher.

States that this section does not apply to substitute teachers employed for less than 120 days or to administrators appointed by the chief executive officers, and prevails over conflicting provisions of a collective bargaining agreement, but that the board and teachers’ labor organization may negotiate additional evaluation procedures.

Section 3311.81 Teacher Contracts. Defines limited and extended contracts for teachers in a municipal school district, and states that this section applies rather than 3319.11. Requires that teachers who receive a written notice of the intention of the board not to re-employ such teacher pursuant to this division are entitled to the hearing provisions of division (C) of this section. The decision of the board shall be final and not subject to further appeal.

States that this division prevails over any conflicting provision of a collective bargaining agreement, and the board and the teachers’ labor organization shall negotiate the due process procedures preceding a teacher’s receipt of a written notice indicating the intent of the board not to re-employ the teacher.

Section 3311.82 Termination of Contracts and Disciplinary Suspension. Includes the procedures for the termination of a contract and disciplinary suspension of a teacher in a municipal school district, rather than through Sections 3319.16 and 3319.161, but states that those sections shall apply to the district with respect to termination of contracts with other district employees licensed by the state board of education, subject to division (F) of section 3311.84 of the Revised Code.

Section 3311.83 Suspension of Teacher Contracts/Reductions in Force. Includes the procedures for reductions in force of teachers in a municipal school district, rather than through 3319.16 and 3319.161, but states that those sections shall apply to the district with respect to termination of contracts with other district employees licensed by the state board of education, subject to division (F) of section 3311.84 of the Revised Code.

Specifies that the reasons for reduction in force include: 1) Return to duty of regular teachers after leaves of absence, including leaves of absence provided pursuant to section 3319.13 or 3319.14 of the Revised Code; (2) Decreased enrollment of students in the district; 1922 (3) Academic reasons resulting in consolidation of teaching positions, duties, or functions or resulting in changes in educational programs; (4) Financial reasons; (5) Territorial changes affecting the district.

Establishes in division (B) categories of teachers based on their type of contract and teacher evaluation status, and states that teachers will be reduced based on their category.

Allows that teachers whose contracts are suspended by the board through this section have the right of restoration by the board.

States that the board and the representative of the teachers’ labor organization shall negotiate how specialized training and experience will be factored into reduction in force and recall decisions and that additional factors to be considered in determining the order of reductions can be negotiated. After applying specialized training and experience and any other negotiated factors, teachers within the same category prescribed by division (B) of this section shall be given preference based on seniority.

Section 3311.84 Evaluation of Principals. Includes the procedures for evaluating principals and assistant principals, rather than through 3319.02, but states that all other provisions of that section shall apply to the district with respect to principals and assistant principals. Section 3319.02 of the Revised Code in its entirety shall apply to the district with respect to employees other than principals and assistant principals who are covered by that section, except as otherwise provided in section 3311.72 of the Revised Code.

States that termination of a principal’s contract shall be in accordance with section 3319.16 of the Revised Code, except as follows: (1) Failure of the principal’s building to meet academic performance standards established by the chief executive officer shall be considered good and just cause for termination under that section. (2) If the chief executive officer intends to recommend to the board that the principal’s contract be terminated, the chief executive officer shall provide the principal a written copy of the principal’s evaluation at least five days prior to making the recommendation to the board.

Section 3311.85 School Year. Permits a board of education of a municipal school district to establish a school calendar for the district and one or more of the district’s school buildings that provides for additional student days beyond the minimum prescribed by law, or year-round instruction, or an extended school day. The calendar must comply with the minimum school year prescribed by section 3313.48 of the Revised Code.

States that notwithstanding any provision to the contrary in Chapter 4117 of the Revised Code, the requirements and authorizations of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after the effective date of this section. Requires the district board and teachers’ labor organization to negotiate regarding any additional compensation for school staff for an extended school day or school year.

Section 3311.86 Transformation Alliance: Defines the transformation alliance as a nonprofit corporation (under Chapter 1702) created for a municipal school district. Defines partnering community school as a community school established under Chapter 3314 and is located within the territory of a municipal school district, and is either sponsored by the district, or is a party to an agreement with the district, whereby the district and the community school endorse each other’s programs.

Defines “Transformation alliance education plan” as a plan prepared by the mayor and confirmed by the alliance, to transform public education in the alliance municipal school district and partnering community schools that will be held to the highest standards of school performance and student achievement.

States that the mayor of a municipal school district may initiate proceedings to establish a municipal school district transformation alliance and appoint initial directors. The directors will represent the municipal school district; partnering community schools; members of the community at large, including parents and educators; and the business community, including business leaders and foundation leaders. The mayor shall be an ex officio director and chairperson of the board of directors.

(C)(1) States that any formal action taken by the board of directors shall take place at a meeting of the board and shall require the concurrence of a majority of the members of the board. Meetings of the board of directors shall be public meetings open to the public at all times, except that the board may hold an executive session for any of the purposes for which an executive session of a public body is permitted under division (G) of section 121.22 of the Revised Code. (C)(1) Requires public notice of meetings and (C)(2) filing of all records with the department of education. All records will be made available to the public according to Chapter 149 of the Revised Code.

(D) Requires the transformation alliance to do the following: (1) Report annually on the performance of all municipal school district schools and all community schools established under Chapter 3314 of the Revised Code and located in the district, using the criteria adopted under division (B) of section 3311.87 of the Revised Code; (2) Confirm and monitor implementation of the transformation alliance education plan; (3) Suggest national education models for and provide input in the development of new municipal school district schools and partnering community schools.

Section 3311.86 (E) States that Divisions (E)(1) to (3) of this section apply to each community school sponsor that is subject to approval by the department of education under section 3314.015 of the Revised Code whose approval under that section is granted or renewed on or after the effective date of this section. Divisions (E)(1) to (3) of this section do not apply to a sponsor that has been approved by the department prior to that date, until the sponsor’s approval is renewed or granted anew on or after that date. (1) Before a sponsor to which this section applies may sponsor new community schools in an alliance municipal school district, the sponsor shall request recommendation from the alliance to sponsor community schools in the district. (2) The alliance shall review the sponsor’s application and shall make a recommendation based on the standards for sponsors developed under division (A)(2) of section 3311.87 of the Revised Code. (3) The department shall use the standards developed under division (A)(2) of section 3311.87 of the Revised Code, in addition to any other requirements of the Revised Code, to review a sponsor’s request and make a final determination, on recommendation of the alliance, of whether the sponsor may sponsor new community schools in the alliance municipal school district. No sponsor shall be required to receive authorization to sponsor new community schools under division (E)(3) of this section more than one time.

Section 3311.86 (F) States that “Directors, officers, and employees of an alliance are not public employees or public officials, are not subject to Chapters 124 (Department of Administrative Services), 145 (Retirement Fund), and ORC Section 4117 (Labor and Industry), and are not “public officials” or “public servants” as defined in section 2921.01 of the Revised Code. Membership on the board of directors of an alliance does not constitute the holding of an incompatible public office or employment in violation of any statutory or common law prohibition against the simultaneous holding of more than one public office or employment. Members of the board of directors of an alliance are not disqualified from holding any public office by reason of that membership, and do not forfeit by reason of that membership the public office or employment held when appointed to the board, notwithstanding any contrary disqualification or forfeiture requirement under the Revised Code or the common law of this state.

Section 3311.86 (G) States that the authority to establish an alliance under this section expires on January 1, 2018. Any alliance established under this section is terminated, and any related authority granted to the alliance under this section expires on that date.

Section 3311.87 Sponsoring New Community Schools: Requires the Department of Education, in conjunction with the municipal school district transformation alliance and 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, to establish by December 31, 2012 both of the following:
(1) Objective criteria to be used by a sponsor to determine if it will sponsor new community schools located within the municipal school district. Beginning with any community school that opens after July 1, 2013, each sponsor shall use the criteria established under this division to determine whether to sponsor a community school in the municipal district.
(2) Criteria for assessing the ability of a sponsor to successfully sponsor a community school in a municipal school district. The criteria adopted under divisions
(A)(1) and (2) of this section shall be based on standards issued by the national association of charter school authorizers or any other nationally organized community or charter school organization.
(B) Not later than April 30, 2013, establish a comprehensive framework to assess the efficacy of district schools and community schools located in the municipal school district. Where possible, the framework shall be based on nationally accepted quality standards and principles for schools and shall be specific to a school’s model, mission, and student populations.

Section 5705.192 Taxing Authorities: 5705.192 (3) states that “In the case of an existing school district levy imposed under division (B) of section 5705.21, division (C) of section 5705.212, or division (J) of section 5705.218 of the Revised Code, the rates allocated to the municipal school district and to partnering community schools each may be increased or decreased or remain the same, and the total rate may be increased, decreased, or remain the same.”

(C) Requires that the form of a ballot be modified for the type of levy proposed by a municipal school district, to indicate the number of mills or the portion of the rate increased/reduced to be allocated to a partnering community school.

Section 5705.21 Levy for Municipal School District and Partnering Community Schools: (B) (1) States that “The levy of a tax for the current expenses of a partnering community school under this section and the distribution of proceeds from the tax by a municipal school district to partnering community schools is a proper public purpose.”

Requires a board of education of a municipal school district to approve a resolution to submit the question of an additional tax levy to the voters of the school district. The resolution shall state the purpose of the levy, the rate of the tax expressed in mills per dollar of taxable value, the number of such mills to be levied for the current expenses of the partnering community schools, and the number of such mills to be levied for the current expenses of the school district, the number of years the tax will be levied, and the first year the tax will be levied. The number of years the tax may be levied may be any number not exceeding ten years, or for a continuing period of time.

Partnering Community School Fund: Requires the board of education of a municipal school district to establish a separate fund for the deposit of tax revenue raised for partnering community schools under this section.

Resident student: Defines a resident student as a student enrolled in a partnering community school who is entitled to attend school in the municipal school district under section 3313.64 or 3313.65 of the Revised Code.

Distribution of Tax Revenue: States that each partnering community school shall receive a portion of the partnering community schools amount in the proportion that the number of its resident students bears to the aggregate number of resident students of all such partnering community schools as of the receipt and deposit of the tax distribution. For the purposes of this division, the number of resident students shall be the number of such students reported under section 3317.03 of the Revised Code and established by the department of education as of the receipt and deposit of the tax distribution.

Qualifications for State Aid: States that, “The taxes charged and payable for the current expenses of partnering community schools shall not affect the calculation of “state education aid” as defined in section 5751.20 of the Revised Code.”

Please Note: Changes in several other sections of law are also included so that all new provisions align with unchanged laws. The provisions that refer to local taxation authorize the CMSD to share with partnering community schools combined levies for permanent improvements or incremental levies, etc.

Bills Introduced

SB356 (Burke) Local Government-School District Comparative Data: Requires the Auditor of State to adopt rules to solicit comparative data from local governments and school districts and to make that information available to the public.

FYI ARTS

Measuring Student Achievement in the Arts: An article in Slate on June 13, 2012 summarizes the challenge of evaluating teachers in the arts based on student achievement. (“No More Ditching Gym Class: The next wave of standardized testing is here, measuring your kids in art, music, and phys ed. Is that even possible?” by Dana Goldstein|Posted Wednesday, June 13, 2012, at 7:05 AM ET)

The author explains that states are scrambling to find ways to evaluate teachers using student achievement data to comply with the Obama administration’s Race to the Top program, which is providing billions of dollars to states and school districts. But, there is no consensus on how to evaluate arts teachers when there are few standardized assessments to measure student achievement or growth in the arts. The National Endowment for the Arts (NEA), for example, recently reported that it could find only 30 high-quality arts
assessments being used across the country. The NEA report recommends the creation of a national, online database of high-quality arts assessments, but so far, the U.S. Department of Education has not taken up the challenge.

Some efforts to assess student achievement in the arts mentioned in the article include an arts assessment used by the Harrison District #2 in Colorado Springs; the Theater Communications Group’s TEAM project; the International Baccalaureate Program’s arts assessment; the College Board’s Advanced Placement Studio Art program; a music assessment program in South Carolina via the computer; and a statewide project in Florida, which is developing a bank of test questions and performance-based assessment scenarios for dance, music, and theater called the Performance and Fine Arts Assessment Project.

Some of these assessments require students to write about their learning in the arts and combine the written tests with performance-based assessments. Some assessments can be graded by a computer.

According to the article, testing students in the arts is controversial among parents, because it increases the number of tests students are taking, and teachers believe that the tests often don’t assess what students have really learned through the arts. Some question how a test can measure creativity, for example.

Bob Schaeffer of FairTest, who was interviewed for the article, calls state standardized assessment in the arts “fundamentally ludicrous”. He also says that testing student knowledge of terms used in artistic disciplines is not assessing arts learning, but tests how well students memorize and regurgitate specialized language.

The author also notes a positive outcome from the push to evaluate teachers in the arts. She writes, “But if schools assess students fairly in the arts-and ideally involve teachers in creating these assessments-they’re sending an important message: The arts matter. After a decade of No Child Left Behind, in which the arts, social studies, and science were often scaled back as schools obsessed over math and reading scores, this could be a real upgrade. The challenge will be in training teachers, improving the curriculum, and communicating with students and parents about what nontraditional assessment is all about. In most districts, this work has barely even begun.”

The article is available.

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About OAAE

Since our founding in 1974, by Dr. Dick Shoup and Jerry Tollifson, our mission has always been to ensure the arts are an integral part of the education of every Ohioan. Working at the local, state, and federal levels through the efforts of a highly qualified and elected Board of Directors, our members, and a professional staff we have four primary areas of focus: building collaborations, professional development, advocacy, and capacity building. The OAAE is funded in part for its day-to-day operation by the Ohio Arts Council. This support makes it possible for the OAAE to operate its office in Columbus and to work statewide to ensure the arts are an integral part of the education of every Ohioan. Support for arts education projects comes from the Ohio Arts Council, The John F. Kennedy Center, Ohio Music Education Association, Ohio Art Education Association, Ohio Educational Theatre Association, VSA Ohio, and OhioDance. The Community Arts Education programs of Central Ohio are financially assisted by the Franklin County Board of Commissioners and the Greater Columbus Arts Council. We gratefully acknowledge and appreciate the financial support received from each of these outstanding agencies and organizations.
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