Arts On Line Education Update February 18, 2013

Ohio News

State of the State Address: The House and Senate will meet in joint session on Tuesday, February 19, 2013 at 6:30 PM at the Veterans Memorial Civic Center, 7 Town Square, Lima, Ohio to receive the State of the State Address presented by Governor John Kasich. This is the second time recently that the State of the State Address has been presented outside of the Statehouse in Columbus, Ohio. Last year’s address was held in Steubenville.

Report Cards to be Released: The State Board of Education approved the release of the 2011-12 Local Report Card after Auditor of State David Yost presented the results of his investigation into attendance data irregularities. The report cards for some schools still under investigation will be “water-marked” as preliminary, until the Ohio Department of Education has determined the effect of the data irregularities on school and school district ratings. The report cards are expected to be released before the end of this month.

This Week at the Statehouse

The House and Senate will hold hearings and sessions this week.

Tuesday, February 19, 2013
•The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet on Tuesday, February 19, 2013 at 9:00 AM in room 313. The committee will receive testimony on the Transportation Budget HB35 (McGregor) and the Ohio Turnpike Commission HB51 (McGregor, Patmon).

•The House and Senate will meet in joint session in Lima, Ohio to receive the State of the State Address at 6:30 PM.

Wednesday, February 20, 2013
•The House Finance and Appropriations Committee, chaired by Representative Amstutz, will meet on Wednesday, February 20, 2013 at 9:00 AM in room 313. The committee will receive testimony on the Transportation Budget HB35 (McGregor) and the Ohio Turnpike Commission HB51 (McGregor, Patmon).

•The Senate Education Committee, chaired by Senator Lehner, will meet at 10:00 AM in the South Hearing Room. The committee will receive a presentation from Acting Superintendent Michael Sawyers on the Third Grade Reading Guarantee, Common Core State Standards, assessments, and teacher and principal evaluations. The committee will then receive testimony on Senate Bill 21 (Lehner) Third Grade Reading Guarantee, which would revise the requirements for reading teachers under the Third Grade Reading Guarantee.

•The House Higher Education Subcommittee, chaired by Representative Rosenberger, will meet on Wednesday, February 20, 2013 at 3:00 PM in Hearing Room 311. The subcommittee will receive a briefing on higher education funding and HB59 (Amstutz) Biennial Budget.

•The House Primary and Secondary Education Subcommittee, chaired by Representative Hayes, will meet on Wednesday, February 20, 2013 at 5:00 PM in Hearing Room 017. The subcommittee will receive testimony on the budgets of several agencies included in HB59 (Amstutz) Biennial Budget.

Thursday, February 21, 2013
•The House Primary and Secondary Education Subcommittee, chaired by Representative Hayes, will meet on Thursday, February 21, 2013 at 8:30 AM in Hearing Room 017. The subcommittee will receive testimony on the budgets of several agencies included in HB59 (Amstutz) Biennial Budget.

•The House Higher Education Subcommittee, chaired by Representative Rosenberger, will meet on Thursday, February 21, 2013 at 9:00 AM in Hearing Room 311. The subcommittee will receive testimony on the budgets of several agencies, including the Ohio Arts Council, included in HB59 (Amstutz) Biennial.

State of the Union Impact on Education: President Barack Obama highlighted several education initiatives in the State of the Union Address on February 12, 2013. Continuing to emphasize past themes, the President focused again on creating quality early learning opportunities; lowering the cost of higher education; and creating high schools that better prepare students for jobs in technology, engineering, mathematics, and science. These along with other initiatives, such as increasing the minimum wage, are included in his Plan for a Strong Middle Class and A Strong America.

According to the address the President proposes to work with states to ensure that all children have access to high quality preschool. The plan, the details of which were released later in the week by the U.S. Department of Education, includes the following:

  • Developing a cost-sharing partnership with all states to extend federal funds to reach all four year old children from families whose incomes are at or below 200 percent of the poverty level
  • Expanding Head Start and the number of child care providers that meet high standards of quality
  • Expanding voluntary home visiting programs to connect families with services that support children.

He also proposed ways to improve high schools. He called upon Congress to fund a STEM Master Teacher Corps; reward schools that develop partnerships with colleges and employers; and create more courses that focus on science, technology, engineering, and math.

To hold colleges more accountable, the President will ask Congress to include in the Higher Education Act measures of affordability and value for every college, so that parents can compare colleges and find the best fit for their children.

He also proposed to partner with private interests to rebuild schools through the Partnership to Rebuild America initiative.

The State of the State Union is available.

Impact of Sequestration on Education: Secretary of Education Arne Duncan addressed on February 14, 2013 the Senate Appropriations Committee on the possible impact of sequestration on K-12 federal education programs. Automatic across the board reductions in federal spending, known as sequestration, are scheduled to take effect on March 1, 2013 unless Congress acts.

In the State of the State Union on February 12, 2013 the President noted that these “harsh, arbitrary cuts” would jeopardize the military, devastate priorities for education, energy, and medical research, and slow the economic recovery. He recommended instead “….a balanced approach to deficit reduction, with spending cuts and revenue, and with everybody doing their fair share.”

In his remarks to the Senate committee, Secretary Duncan said that “Education is the last place to be reducing our investment as the Nation continues to climb out of the recent recession.”

The impact of the cuts in federal programs, if enacted in March 2013, would be felt first by school districts that qualify for Impact Aid, which provides support for school districts with high concentrations of students of military families and children living on tribal lands. Impact Aid programs would be cut by $60 million. Vocational Rehabilitation State Grants would also lose $160 million. These funds are used to train individuals with disabilities for jobs.

The federal programs that are forward-funded would lose funds in the 2013-14 school year, but school districts would start making decisions to cut jobs in April or May of 2013. As a result of the budget cuts, schools can expect larger class sizes, fewer course offerings, less tutoring and services for students, reductions in counseling, and higher unemployment across states as teachers and staff are laid off.

The impact would be felt the most on the neediest students, including those in poverty and students with disabilities. Title I of the Elementary and Secondary Education Act would be cut by some $725 million and the Individuals with Disabilities Education Act would be cut by $598 million. Over 7,200 jobs would be affected by the cuts.

Additional information about the pending cuts in education is available.

State Board of Education Meeting, February 2013

Included below is a summary of the Report and Recommendations of the State Board of Education’s February meeting on February 12, 2013. Due to the length of this Education Update, additional information about the State Board’s February meeting will be included in the Education Update for next week.

The State Board took action on the following items at their February 2013 meeting:

#8 Approved a Resolution of Intent to Adopt Rule 3301-102-09 of the Administrative Code Entitled Approving Applications for New Internet – or Computer-Based Community Schools. Emergency consideration was granted.

#9 Approved a Resolution to Approve the Recommendation of the Hearing Officer and to Deny the Transfer of School District Territory for the Coventry Local School District, Summit County, to the Barberton City School District, Summit County, Pursuant to Section 3311.24 of the Ohio Revised Code.

#17 Approved a Resolution of Appointment of Dustin Miller to the Educator Standards Board.

#18 Approved a Motion Regarding 2013-14 State Board Meeting Dates.

#19 Approved a Resolution to Approve Proposed Legislative Recommendations Regarding Ohio?s Policies on Literacy Education of Individuals from Birth through Third Grade, and to Authorize the State Board of Education Members on the Third Grade Reading Guarantee Workgroup to Effectuate the Final Recommendations.

#20 Approved a Motion Recommended by the Acting Superintendent of Public Instruction to Release the Local Report Cards for the FY11-12 School Year. Emergency consideration was granted. The PDFs of the report cards will released by the end of February 2013.

#21 Approved a Resolution to Affirm KidsCount of Dayton Termination of Sponsorship of Scholars Preparatory and Career Center for Children (ScholArts).

#22 Approved a Certificate Thanking the Ohio School for the Deaf for Hosting the State Board of Education. Superintendent Corbin of the Ohio School for the Deaf, accepted the certificate.

More details about the Executive Budget: The FY14-15 budget was introduced last week as House Bill 59 sponsored by Representative Amstutz, chairman of the House Finance and Appropriations Committee. The education sections of the bill, Sections 3301.07 through 3328, include the changes that Governor Kasich is proposing for Ohio’s system of funding primary and secondary schools and education policy.

What have we learned from the actual budget language?
Included in the bill, which is over 4000 pages, are thirty-some education-related provisions that are repealed, mostly in Section 3317, which includes the laws that determine and allocate state aid. Even more new sections of law are added or amended, including provisions that define the new formulas, which are now available for researchers to analyze.

Funding and policy changes have also been proposed to revamp career-technical education, educational service centers, early childhood education, and job training for students with disabilities.

For example, according to the bill, the purpose of educational service centers would include providing services to nonpublic schools and local governments.

The bill expands the EdChoice voucher program, but pays for it differently, and expands the parent trigger law to eligible schools in all school districts. The parent trigger currently is a pilot program in the Columbus City Schools.

HB59 also changes the way schools and colleges work together to provide higher-education opportunities for high school students, and changes the “secondary enrollment options program” to “college credit plus” program.

The budget bill also takes up a provision that defines minimum instruction in hours per year per grade level, rather than 182 days of instruction per year. This provision has been introduced in the legislature several times in the past, but has not passed.

To improve accountability HB59 would require clearer financial reports from school districts, STEM schools, educational service centers, and community schools. These reports would be posted on the Ohio Department of Education’s web site.

In addition, many technical changes have also been made in the bill to address the merger of the Department of Mental Health and Addiction Services; the repeal of the eTech Commission; and the merger of the Rehabilitation Services Commission with Opportunities for Ohioans with Disabilities Agency and commission.

The following is a summary of the sections related to primary and secondary education in HB59. In future updates more information will be provided about the changes for the Ohio Board of Regents and the provisions that are included in temporary law in HB59, including policy changes for early childhood education and funding levels for certain programs.

Summary of Some of the Provisions Related to Primary and Secondary Education Included in House Bill 59 (Amstutz) Biennial Budget FY14-15.

Amends ORC Section 3301.07 Operating Standards
(B)(2) Requires the State Board of Education (SBE) to develop a standard of financial reporting. Requires boards of education of school districts, each governing board of an educational service center, each governing authority of a community school, each governing body of a STEM school, and each board of trustees of a college-preparatory boarding school to make its financial information and annual budgets for each school building under its control available to the public in a format understandable by the average citizen. The report shall show the source of revenue at the district and school levels and expenditures for classroom and nonclassroom purposes; in the aggregate and for each subgroup of students. The ODE shall post these reports on its web site.

(D)(2) Replaces “requiring” with “providing” in the statement, “The state board shall formulate and prescribe minimum standards to be applied to all elementary and secondary schools in this state for the purpose of (requiring) providing children access to a general education of high quality.”

Removes the word “adequately” from the statement, “Such standards shall provide (adequately) for: the licensing of teachers, administrators, and other professional personnel.”

Removes from the standards requirements for a high quality education, such as training and qualifications of personnel; efficient and effective instructional materials and equipment, including library facilities; administration and supervision; and statement of policies and objectives for each school.

Adds “the provision of safe” buildings to the standards.

Requires the state board to base any standards governing the promotion of students or requirements for graduation on the ability of students, at any grade level, to earn credits or advance upon demonstration of mastery of knowledge and skills through competency-based learning models.

States that credits of grade level advancement shall not require a minimum number of days or hours in a classroom.

States that, “The state board shall base any standards governing the assignment of staff on ensuring each school has a sufficient number of teachers to ensure a student has an appropriate level of interaction to meet each student’s personal learning goals.”

Removes the following: “In the formulation and administration of such standards as they relate to instructional materials and equipment in public schools, including library materials, the board shall require that the material and equipment be aligned with and promote skills expected under the statewide academic standards adopted under section 3301.079 of the Revised Code.”

(D)(3) Removes references to the following: learning communities; focus on the personalized and individualized needs of each needs of each student; utilizing technological tools and emphasis on inter disciplinary project-based experiences; shared responsibilities among administrators and teachers; and school building leadership team.

(M) Requires the SBE to prescribe standards (removes the word minimum) for teaching reading in grades K-3. Removes from training programs the “use of phonics as a technique” in the teaching of reading.

Amends ORC Section 3301.0715. Diagnostic Assessments
(A)(3)(b) Changes the timeline for the administration of the language and reading skills diagnostic assessments for kindergarten after July 1, 2014 to September 30th.

NEW ORC Section 3301.41: eTech Ohio Commission.
Allows employees who were members of a bargaining unit when they were employed by the eTech Commission, which has been eliminated, to continue to be included in the bargaining unit as employees of the Ohio Department of Education (ODE). However, new employees hired to do the same work shall be exempt from Chapter ORC Section 4117, and shall not be public employees.

Amends ORC Section 3302.042. Parent Trigger.
Expands the parent trigger options to any school of a city, exempted village, or local school district ranked in the lowest five per cent of all public school buildings statewide for three or more consecutive school years according to their performance index score. Currently the Columbus City Schools is piloting the parent trigger, which allows parents to initiate school reform options after meeting certain criteria.

Amends ORC Section 3302.22 Recognition Program
Requires the ODE to consult with the Governor’s Office of 21st Century Education regarding the recognition of effective and efficient schools and states that the standards for recognition for each type of school might vary.

NEW ORC Section 3302.26 Measures of Expenditure Per Equivalent Pupils
Requires the ODE to create a performance management section on the department’s public web site. The performance management section shall include information on academic and financial performance metrics for each school district to assist schools and districts in providing an effective and efficient delivery of educational services. The section shall include a graph that illustrates the relationship between a district’s academic performance, as measured by the performance index score, and its expenditure per equivalent pupils as compared to similar districts. The section shall include statistics of academic and financial performance measures for each school district to allow for a comparison and benchmarking between districts.

The “expenditure per equivalent pupils”, is the total operating expenditures of a school district divided by the measure of equivalent pupils.

“Measure of equivalent pupils” is the total number of students in a school district adjusted for the relative differences in costs associated with the unique characteristics and needs of each category of pupil.”

This provision does not apply to community schools.

Amends ORC Section 3303.41; 3304.11-3304.14; 3304.16-3304.18; 3304.182; 3304.21-28; and 3304.41. Opportunities for Ohioans with Disabilities Agency and Commission. Replaces references to the Rehabilitation Services Commission with Opportunities for Ohioans with Disabilities Agency and Commission, which is created. Establishes membership, terms of office, responsibilities, and updates language.

Amends ORC Section 3307.51. State Teachers’ Retirement Board
Requires the State Teachers’ Retirement Board to submit an annual report to the director of budget and management in addition to the Ohio House of Representatives and Senate.

Amends ORC Section 3309.21. School Employees Retirement Board
Requires the School Employees Retirement Board to submit an annual report to the director of budget and management in addition to the House of Representatives and Senate.

Amends ORC Section 3310.01, 3301.02, 3301.03, 3310.08, 3310.05, 3310.06, and New Section 3310.032. Expands the EdChoice Scholarship Program. Adjusts the definition of “eligibility” for voucher programs to align with the proposed expansion of the EdChoice Scholarship Program to kindergarten students in FY14 and first grade students in FY15 based on the income level of parents. States that student are eligible if their family income is at or below two hundred percent of the federal poverty guidelines (New Section 3300.032).

Expands the program also to students in school buildings that don’t meet “improving literacy in grades kindergarten through three”. (Section 3310.03 (D)). This provision also states that first time vouchers will not be awarded to schools that eventually meet the literacy standard, but students who have received the vouchers in the past will remain eligible even if the resident school improves.

Amends ORC Section 3310.56 Jon Peterson Scholarship Program
Aligns the amount of vouchers provided to eligible students under the Jon Peterson Scholarship Program with the new funding categories for special education in Sections 3317.013 and 3317.022.

Amends ORC Section 3311.05 Educational Service Centers
Eliminates the current definition of Educational Service Centers (ESC). States that, “An educational service center is a regional public entity that provides services to public and nonpublic schools and local governments with whom they enter into an agreement to provide those services.” (Italics added for emphasis.)

NEW ORC Section 3311.051 Educational Service Centers.
Changes the governance structure, of educational service centers. Educational service center clients include any local government, local, city, or exempted village school district, STEM school, community school, or chartered nonpublic school.

States that, the “management and control of an educational service center shall be vested in a governing board that shall consist of one or more persons who are appointed by the governing authority of the clients that have entered into agreements to receive services from the service center under sections 3313.843 to 3313.846 of the Revised Code.” Currently the members of the governing authority are elected.

“(B) Subject to division (A) of this section, the number and terms of office of members of an educational service center governing board, the allocation of members to each of the participating clients, and the general governing structure of an educational service center shall be determined by a majority of the clients that have entered into an agreement with that educational service center under sections 3313.843 to 3313.846 of the Revised Code as memorialized in an educational service center governance plan. Each service center’s plan shall be filed with the state board of education.”

(C) The members of the governing board with a plan in effect under this section may revise or rescind the plan. The revision or rescission of a plan shall be submitted to the state board.

(D) Nothing in this section prohibits members of an educational service center governing board from serving on a joint vocational school district board of education as set forth in section 3311.19 of the Revised Code.

Amends ORC Section 3311.053 Merger of Educational Service Centers and Section 3311.0510
Adjusts current law to reflect the changes proposed for educational service centers to appoint, rather than elect, governing boards of educational service centers.

Amends ORC Section 3311.19. Joint Vocational School Districts
Adjusts the membership on joint vocational boards of education.

Amends ORC Section 3311.22 and Section 3311.38
Removes a provision that canceled any indebtedness that a former district incurred as a result of a loan made under Section 3317.64 of the Revised Code, if the school district transfers to a different educational service center.

Amends ORC Section 3311.78 Differentiated Pay Schedules
Changes the effective date for establishing a differentiated teacher pay scale based on performance for teachers and principals hired on or after October 1, 2012. Maintains current law regarding the performance categories and additional compensation for teachers and principals.

Amends ORC Section 3313.11 Board Vacancy
States that a vacancy in the governing board of an educational service center shall be filled according to the terms of the plan developed by the client governing board and filed with the ODE.

Amends ORC Section 3313.48 Instructional Day
Changes the requirement that school districts provide instruction to students based on a minimum of 182 days. Requires school districts to provide instruction based on a minimum number of hours:

Kindergarten – 455 hours, unless all day kindergarten
All day kindergarten and grades 1-6 – 910 hours
Grades 7-12 – 1001 hours.

Allows the equivalent of two school days per year, during which pupils are not required to attend, for parent/teacher conferences.

Allows up to the equivalent of two school days per year during which pupils are not required to attend, for professional meetings of teachers.

Allows morning and afternoon recess periods of not more than fifteen minutes duration per period for pupils in grades kindergarten through six.

Requires that boards of education consider the schedule of the joint vocational school districts, community schools, and nonpublic schools when setting the hours and days of instruction for their jurisdictions, but states that the State Board of Education cannot require the same consideration from nonchartered schools.

NEW ORC Section 3313.481 Required Instruction
States that, “Wherever in Title XXXIII of the Revised Code the term “school day” is used, unless otherwise specified, that term shall be construed to mean the time during a calendar day that a school is open for instruction pursuant to the schedule adopted by the board of education of the school district or the governing authority of the chartered nonpublic school in accordance with section 3313.48 of the Revised Code.”

Amends ORC Section 3313.6013 Advanced Standing Program
Defines “dual enrollment” programs as “advanced standing program”, which means “….a program that enables a student to earn credit toward a degree from an institution of higher education while enrolled in high school, or that enables a student to complete coursework while enrolled in high school that may earn credit toward a degree from an institution of higher education upon the student’s attainment of a specified score on an examination covering the coursework.” Advanced programs may include college credit plus (formerly secondary enrollment options established under ORC Chapter 3365), advanced placement, and International Baccalaureate program credits.

Continues the requirement that each city, local, exempted village, and joint vocational school district and each chartered nonpublic high school provide students enrolled in grades nine through twelve with the opportunity to participate in a dual enrollment and advanced standing program.

Removes references to the post-secondary options program.

Amends ORC Section 3313.62. School Year
Maintains the current definition of a school year, which begins on the first day of July and ends on June 30th, but eliminates references to a school week consisting of five days and a school month four school weeks.

States that, “A chartered nonpublic school may be open for instruction with pupils in attendance on any day of the week, including Saturday or Sunday.”

Amends ORC Section 3313.82 Business Advisory Councils
Continues to require that schools districts and the governing authority of educational service centers appoint a business advisory, but adds that school districts that have agreements with educational service centers don’t have to appoint an advisory council if the educational service center already has one.

Amends ORC Section 3313.843, 3313.845 Educational Service Center Agreements
States that the boards of education shall reimburse the governing boards of educational service centers pursuant to the terms specified in the agreements entered into and filed with the DOE. Eliminates a provision regarding supervisory services.

Amends ORC Section 3313.981 Career Technical Education Reimbursements
Changes the formula for reimbursing school districts for students enrolled in career technological education programs and joint vocational school districts. Requires the ODE to subtract from payments made to districts $5,704 per pupil for students multiplied by an amount based on the respective career-technical category.

Amends ORC Section 3314.015 Community School Sponsors
Requires the SBE to develop rules for temporary limits on sponsors of community schools. States that temporary limits (Part F) can be used instead of revoking a sponsor’s authority to sponsor community schools.

NEW ORC Section 3314.042 Community Schools Financial Reporting
States that “The governing authority of each community school shall comply with the standards for financial reporting adopted under division (B)(2) of section 3301.07 of the Revised Code.”

Amends ORC Section 3314.08 Community School Payments
Establishes the formula for distributing the new Core Opportunity Grants to community schools. States that the amount deducted for community schools may come from school district state aid and state payments under sections 321.24 (Tax Settlements) and 323.156 (Homestead Exemptions) if necessary.

Community schools also receive targeted assistance funds and additional state aid for categories of students, such as students in all day or half-day kindergarten programs, special education, gifted, English language learners, early childhood education, and students from low-income families. Funding for the categories of students is based on different formulas.

Special Education – Six categories as set in ORC Section 3317.013

  • Kindergarten – Early Child Access Funds Amount for the student’s resident district as determined by the ODE multiplied by the full-time equivalency of the student
  • Economically disadvantaged students – $500 multiplied by the resident district’s economically disadvantage index.
  • English Language Learners – Based on four categories
  • Gifted Students – $50 for each enrolled student

States that state funding for internet or computer-based community schools will include Core Opportunity Grants; and funding for special education, gifted, English Language Learners; and students from economically disadvantaged families.

Allows the ODE to prorate funding for community schools if the deduction for community schools is more that amount of state aid and revenue received under sections 321.24 (Tax Settlements) and 323.156 (Homestead Exemptions).

Deducts 15 percent from special education funding for the newly created exceptional special education cost fund, which community schools can apply for to support eligible high cost special education students.

NEW ORC Section 3314.082 Community School
States that a community school shall be considered a school district for the purpose of applying to any state or federal agency for grants.

NEW ORC Section 3314.085 Community Schools/Career Technical Planning Districts
States that the ODE shall pay to each community school the amount approved for that school under section 3317.162 of the Revised Code by the lead district of the career-technical planning district to which the community school has been assigned.

Amends ORC Section 3314.087 Community School Career Technical Payments
Makes changes in the formula for allocating payments to community schools for career technical education based on five categories.

NEW ORC Section 3314.092 Community School Transportation
Requires the governing authority of a community school to consult with each school district’s board of education when making any changes in the hours or days in which the community school is open for instruction and requires changes in the schedule of transportation of students.

Amends ORC Section 3317.01 School Funding
Removes a provision for school districts to obtain waivers from meeting the minimum number of days of student attendance because of calamities. This aligns with the new provision to switch from days to hours of instruction.

Amends ORC Section 3317.013 School Funding
Establishes the per student amounts for each of six special education categories of special needs students.

NEW ORC Section 3317.014 School Funding Career-Technical Education Categories
Establishes the additional per student amounts for each of the categories for career-technical education services.

  • An amount of $2,900 for each student enrolled in environmental and agricultural systems, construction technologies, engineering and science technologies, finance, health science, information technology, and manufacturing technologies.
  • An amount of $2,600 for each student enrolled in business and administration, hospitality and tourism, human services, law and public safety, and transportation systems.
  • An amount of $1,650 for students enrolled in workforce development career-based intervention programs.
  • An amount of $1,200 for students enrolled in workforce development programs in arts and communications, education and training, marketing, workforce development academics, and career development.
  • An amount of $900 for students enrolled in family and consumer science programs.

NEW ORC Section 3317.016 School Funding Limited English Proficiency
Establishes state aid amounts for limited English proficiency students.

  • An amount of $1,500 for each student who has been enrolled in schools in the United States for 180 school days or less and was not previously exempted from taking the spring administration of either of the state’s English language arts assessments in reading or writing.
  • An amount of $1,125 for each student who has been enrolled in schools in the United States for more than 180 school days or was previously exempted from taking the spring administration of either of the state’s English language arts assessments in reading or writing.
  • An amount of $750 for each student who does not qualify for inclusion under division (A) or (B) of this section and is in a trial-mainstream period, as defined by the department.
  • An amount of $375 for each student who does not qualify for inclusion under division (A), (B), or (C) of this section and for whom the main language spoken at home is not English, as defined by the department.

NEW ORC Section 3317.02 School Funding Definitions
Defines the different components of the new school funding formula, including the funding categories for special education, English language learners, early childhood access, students from low income families, and gifted education.

  • The early childhood access count for a school district means the quotient obtained by dividing that district’s kindergarten count by the number of publicly funded preschool providers in the district or, if the number of providers in a district is equal to zero, the quotient obtained by dividing the kindergarten count for the county the district is principally located in by the number of publicly funded preschool providers in that county.
  • “Early childhood access index for a school district” means the quotient obtained by dividing the district’s early childhood access count by the statewide early childhood access count.”
  • “Economically disadvantaged index for a school district” means the quotient of that district’s percentage of students in its total ADM who are identified as economically disadvantaged as defined by the department of education, divided by the statewide percentage of students identified as economically disadvantaged.”
  • “Formula ADM” means, for a city, local, or exempted village school district, the average daily membership described in division (A) of section 3317.03 of the Revised Code, as verified by the superintendent of public instruction and adjusted if so ordered under division (K) of that section, and as further adjusted by counting only twenty per cent of the number of joint vocational school district students counted under division (A)(3) of section 3317.03 of the Revised Code.
  • “Formula ADM” means, for a joint vocational school district, the final number verified by the superintendent of public instruction, based on the number reported pursuant to division (D) of section 3317.03 of the Revised Code, as adjusted, if so ordered, under division (K) of that section.
  • “FTE basis” means a count of students based on full-time equivalency, in accordance with rules adopted by the ODE pursuant to section 3317.03 of the Revised Code. In adopting its rules under this division, the department shall provide for counting any student in category one, two, three, four, five, or six special education ADM or in category one, two, three, four, or five career technical education ADM in the same proportion the student is counted in formula ADM.”
  • “Preschool scholarship ADM” means the number of preschool children with disabilities reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
  • ”State share index” means the product of all of the following:
  • A school district’s valuation index; the difference between the maximum and minimum of the valuation indexes for all school districts with a total ADM greater than zero divided by 0.9; and 0.10
  • If a school district’s state share index is less than 0.05, it shall be considered to be 0.05. If a school district’s state share index is greater than 0.95, it shall be considered to be 0.95.
  • “Total ADM” means, for a city, local, or exempted village school district, the average daily membership described in division (A) of section 3317.03 of the Revised Code, as verified by the superintendent of public instruction and adjusted if so ordered under division (K) of that section.
  • “Valuation index” means the quotient obtained by dividing the quotient of the statewide three-year average valuation for school districts with a total ADM greater than zero and the current year statewide total ADM by the quotient of a school district’s three-year average valuation and its current year total ADM.

NEW ORC Section 3317.022 School Funding – State Core Foundation Funding
Describes the components of the new school funding system as “state core foundation funding”, which includes opportunity grants and targeted assistance funds.

The Opportunity Grant calculation: {$250,000 – [the district’s three-year average valuation /(total ADM + preschool scholarship ADM)]} X 0.02 X (formula ADM + preschool scholarship ADM). If the result of a calculation for a school district under division (A)(1) of this section is less than zero, the district’s opportunity grant shall be zero.

  • Targeted assistance funds calculated under section 3317.0217 of the Revised Code.
  • Additional state aid for special education and related services provided under Chapter 3323.
  • Early childhood access funds for each district with an economically disadvantaged index greater than 1.0 and an early childhood access index greater than 0.50, calculated under the following formula: 2 multiplied by the full-time equivalent number of kindergarten students as reported under section 3317.03 of the Revised Code multiplied by $600 multiplied by the district’s early childhood access index.
  • The number of students who are economically disadvantaged as reported under division (B)(22) of section 3317.03 of the Revised Code multiplied by $500 multiplied by the district’s economically disadvantaged index.
  • Limited English proficiency funds
  • Gifted Funds

Amends ORC Section 3317.023 School Funding
States that the amounts paid to school districts shall be adjusted by the reimbursement of educational service centers based on the agreement between the school district and the ESCs, and other factors not changed in law.

Amends ORC Section 3317.0122 Transportation Formula
Enacts a formula to subsidize school districts for transporting students.

NEW ORC Section 3317.0213 State Aid for Preschool
Provides additional state aid to school districts to support special education preschool. The formula provides $4,000 multiplied by the number of preschool special education children in the district, plus the sum of the number of students in the six special education categories multiplied by the amount for each category. The district’s state share index multiplied by 0.50 is also applied for each special education category.

NEW ORC Section 3317.0214 and 3317.25 Special Education Exceptional Cost Fund
Creates the special education exceptional cost fund. The ODE is required to deposit 15 percent of all funds calculated for special education, but makes exceptions for special education funds transferred to community schools and STEM schools; funds transferred to parents participating in the autism scholarship program; and funds transferred to the parents of special education students participating in the Jon Peterson Scholarship program. Deductions are made in sections for community schools and STEM schools for this fund.

Special Education Exceptional Cost Fund: Permits school districts, community schools, and STEM schools to apply for funds from the special education exceptions cost fund according to criteria. Funds will be available for students in special education categories two through six. Describes the formula that will be used to calculate the funds. States that ODE shall pay for, only the costs of educational expenses and the related services provided to the student in accordance with the student’s individualized education program. Any legal fees, court costs, or other costs associated with any cause of action relating to the student shall not be included in the amount.

NEW ORC Section 3317.0217 Targeted Assistance Funds
Enacts a formula to distribute targeted assistance funds. In the calculation “net formula ADM” is used, which means formula ADM minus students who attend e-schools, community schools, and are participating in the voucher programs.

Amends ORC Section 3317.03 Average Daily Attendance
Makes changes in the law to align with the new provisions of the school funding formula.

Amends ORC Section 3317.05 Career Technical Education Units
Requires the ODE to pay an amount to each institution approved for career-technical education units. The amount for each unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher’s training level and years of experience plus fifteen per cent of that minimum salary amount, and nine thousand five hundred ten dollars. Each institution that receives unit funds under this division annually shall report to the department on the delivery of services and the performance of students, and any other information required by the department to evaluate the institution’s career-technical education program.

For each unit allocated to an institution the ODE shall pay a supplemental unit allowance of $7,227.

Amends ORC Section 3317.10 Ohio Works First
Removes a provision that required the ODE to use the number of children whose parents participated in the Ohio Works First program in the calculation of state aid.

Amends ORC Section 3317.12, 3317.14, and 3317.141 Salary Schedules
Requires boards of education to adopt annually salary schedules for teachers and nonteaching school employees. Makes several changes in the definitions of years of service. Requires boards of education that are participating in Race to the Top to adopt a salary schedule for teachers based on performance and other criteria.

Amends ORC Section 3317.15 Special Education
Removes a provision regarding the ratio of speech language pathologists per students and school psychological services per school.

NEW ORC Section 3317.16 and 3317.161 Vocational School Districts
Describes the formula for the distribution of state aid for joint vocational school districts. The new formula is [$10,000,000 – (the district’s three-year average valuation /the district’s formula ADM)] multiplied by 0.0005 multiplied by the district’s formula ADM.

In addition, joint vocational schools will receive targeted assistance funds and additional state aid for students in special education programs, economically disadvantaged students, students learning English, and gifted funds. Requires a deduct of 15 percent of the funds allocated to be used for the special education exceptional cost fund. The joint vocational school can apply for these funds if eligible. Describes the calculations for targeted assistance.

NEW ORC Section 3317.162 Career Technical Education.
Describes the formula for calculating state aid to support career technical education based on five categories. Requires the lead district of a career-technical planning district to review the career-technical education programs of each city, local, and exempted village school district, each community school, and each STEM school that is assigned to the career-technical planning district and determine whether to approve the plan.

States that “In any fiscal year, a lead district of a career-technical planning district that receives funds under this division shall spend those funds only for purposes that the department designates as approved for career-technical education and for associated services expenses.”

NEW ORC Section 3317.163 Career Technical Programs
States that in any fiscal year, a school district, community school, or STEM school receiving funds shall spend those funds only for the purposes that the department of education designates as approved for career-technical education expenses. Requires the ODE to monitor annually how the funds are spent.

Amends ORC Section 3317.19 Cooperative Education School District
Removes provisions to align with the new school funding formulas.

Amends ORC Section 3317.20 and 3317.201 County Board of Developmental Disabilities and Institutions
Aligns funding for students in special education programs in county boards of developmental disabilities and institutions with the new school funding formulas.

Amends ORC Section 3313.847. Changes Section 3313.847 to Section 3317.30 Juvenile Facilities
Describes the school funding formula for students in juvenile detention facilities.

NEW ORC Section 3317.40 Intention of the General Assembly: States the following:

“(B)It is the intent of the general assembly that funds provided under this chapter shall be used for the provision of a system of common schools and the advancement of the knowledge of all students. As such, school districts and schools shall be held accountable for those funds to ensure that all students are provided an opportunity to master a common knowledge base in order to graduate from high school prepared for a career or for post-secondary education.”

“(C) When funds are provided under this chapter specifically for services for a subgroup of students, the general assembly has determined that these students experience unique challenges requiring additional resources and intends that the funds so provided be used for services that will allow students in those subgroups to master the knowledge base required for high school graduation.”“(D) If a district or school fails to show consistent progress for any subgroup of students based on performance measures reported or graded under section 3302.03 of the Revised Code, as determined by the department of education, the district or school shall partner with, and pay the funds provided for that subgroup as calculated by the department, to another organization that has demonstrated the ability to improve the educational outcome for that subgroup of students to provide services to those students. The partner organization may be another school, district, or other education provider.”

“The department shall publish a list of schools, school districts, and other educational providers that have demonstrated an ability to serve each subgroup of students.”

Amends ORC Section 3317.50 & 3317.51 Telecommunity education funds and Distance Learning Funds
Delegates to the chancellor of the Ohio board of regents the administration of the telecommunity funds and the distance learning funds to finance technology grants to state-chartered elementary and secondary schools.

NEW ORC Section 3317.52 Straight A Program
Creates the program, which provides grants to city, local, exempted village, and joint vocational school districts, educational service centers, community schools, STEM schools established, individual school buildings, education consortia (which may represent a partnership with other school districts), institutions of higher education, and private entities for projects to advance student achievement, spending reduction, and utilization of a greater share of resources in the classroom.

A governing board consisting of seven members appointed by the governor, one member appointed by the speaker of the house of representatives, and one member appointed by the president of the senate, will administer the grants. The department of education, under the direction of the director of the governor’s office of 21st century education, shall provide administrative support to the board. Describes how the grants will be administered. Creates an advisory committee for the program.

Amends ORC Section 3318.011 Median District Income
Changes the definition of district median income, statewide median income, and income factors.

Amends ORC Section 3318.031 School Facilities
Replaces the reference to smaller class size in criteria for the design standards, with “Trends in educational delivery methods, including digital access and blended learning.”

NEW ORC Section 3319.031 Business Manager
Allows boards of education to assign the powers and duties of a business manager to other employees, and clarifies the duties if performed by a treasurer.

Amends ORC Section 3319.073 School Safety Training and Prevention
Adds information about human trafficking to the training in school safety and violence prevention.

Amends ORC Section 3321.05 All Day Kindergarten
Aligns the amount of instructional time for all-day kindergarten to hours per week rather than days.

Amends ORC Section 3321.14 and 3321.15 Attendance Officer
Requires every city, exempted village, or local school district to employ an attendance officer, or (new) obtain such services from the educational service center. Requires educational service centers to consult with contracted districts regarding the employment of an attendance officer.

Amends ORC Section 3323.021 Special Education
Requires school districts to annually report to the ODE any amounts of federal revenue received.

Amends ORC Section 3324.07 Gifted Education
Replaces “post-secondary enrollment options” with the term “college credit plus program” in the list of services that might be provided to students identified as gifted.

NEW ORC Section 3326.112 STEM Schools
Requires the governing body of each STEM school to comply with the standards for financial reporting adopted under division (B)(2) of section 3301.07 of the Revised Code.

Amends ORC Sections 3326.31, 3326.32, and 3326.33 STEM Schools
Aligns these sections with the new school funding formula.

NEW ORC Section 3326.34 STEM Schools
Requires a 15 percent deduction from state aid to support the special education exceptional cost fund, and allows STEM Schools that are qualified to apply for the funds.

NEW ORC Section 3326.39 STEM Schools
Allows the ODE to pay STEM schools amounts approved to support career-technical education.

Amends ORC Section 3327.02 Transportation
Removes a provision that required a board of education to receive from an educational service center concurrence on a resolution declaring the impracticality of transportation of a student.

NEW ORC Section 3328.27 College Preparatory Boarding School
Requires the board of trustees of college preparatory boarding schools to comply with standards for financial reporting.

Amends ORC Section 3328 College Preparatory Boarding School
Requires the ODE to reduce the amount of state support, that is not included in the per pupil boarding amount, to reflect payments made to colleges under Section 3365.07.

House Bill 59 is available.

Additional information about HB59, including the provisions in temporary law, will be included in the Education Update next week.

Bills Introduced 

HCR3 (Brenner) National School Choice Week: Designates the week of January 27 – February 3, 2013, as National School Choice Week.

HB32 (Hayes) Minimum School Year: Establishes a minimum school year for school districts, STEM schools, and chartered nonpublic schools based on hours, rather than days, of instruction.

HB58 (Gerberry) State Board of Education Membership: Changes the voting membership of the State Board of Education to consist of a member from each of several electoral districts with boundaries coinciding with the state’s Congressional districts and a president to be appointed by the Governor if there is an even number of such electoral districts.

HB59 (Amstutz) Biennial Budget: Makes operating appropriations for the biennium beginning July 1, 2013, and ending June 30, 2015; provides authorization and conditions for the operation of state programs.

SB11 (Brown) Childhood Hunger & Nutrition: Requires school districts to allow alternative summer meal sponsors to use school facilities to provide food service for summer intervention services under certain conditions, allows the distribution and consumption of meals on a school bus, and creates a healthy food license for child day-care centers and school child programs.

SB15 (Sawyer) Education Funding Plan: Prescribes a system and timeline for the General Assembly to deliberate and determine the components and cost of a high quality public primary and secondary education, makes property tax law changes to fund a high quality public primary and secondary education, and provides that the provisions of this act take effect only after being approved by the electors.

SB21 (Lehner) Third-Grade Reading Guarantee: Revises the requirements for reading teachers under the Third-Grade Reading Guarantee.

SB31 (Schaffer) Income Tax Credit – Teachers: Allows a credit against the personal income tax for amounts spent by teachers for instructional materials.

SB42 (Manning/Gardner) Property Taxes School Security: Authorizes school districts to levy a property tax exclusively for school safety and security purposes.

SJR1 (Sawyer) Redistricting Process: Revises the redistricting process for General Assembly and Congressional districts.

SJR2 (Sawyer) Education: Requires and funds a high quality education for each student enrolled in a public school.

FYI ARTS

2013 Governor’s Awards for the Arts: The 2013 Governor’s Awards for the Arts in Ohio, the Arts Day Luncheon, and Arts Day activities will be held on Wednesday, May 15, 2013 in Columbus.

The Governor’s Awards for the Arts in Ohio and the Arts Day Luncheon are held in conjunction with Arts Day, sponsored by the Ohio Citizens for the Arts Foundation. The mission of Arts Day is to provide an opportunity for arts advocates to engage with the legislators in order to communicate the value of and need for adequate public funding for the arts and arts education. On this day every year the Ohio Citizens for the Arts Foundation presents a variety of arts advocacy opportunities, including an advocacy briefing, legislative visits, and student exhibitions. Arts Day activities are held in the Capitol Theatre, at the Vern Riffe Center for Government and the Arts and are free and open to the public. The legislative briefing begins at 9:30 AM and legislative visits at 10:30 AM.

The Governor’s Awards for the Arts in Ohio and the Arts Day luncheon will be held at noon in the Columbus Athenaeum. Awards will be presented to Ohio individuals and organizations in recognition of their outstanding contributions to the arts statewide, regionally, and nationally in the following categories:

Arts Administration
Jill Snyder, Museum of Contemporary Art Cleveland, Cleveland

Arts Education
Stivers School for the Arts, Dayton

Arts Patron
Charlotte Kessler, New Albany
Dr. Benjamin and Mrs. Marian Schuster, Dayton

Business Support for the Arts
PNC Bank, Statewide

Community Development and Participation
Raymond Shepardson, Cleveland

Individual Artist
Jack Earl, Lakeview
Joseph O’Sickey, Kent

Individual tickets for the Luncheon are $50 and include lunch and a dessert reception. Registration closes April 15, 2013. Payment can be made online or checks may be sent to the Ohio Citizens for the Arts Foundation at 77 S. High Street, 2nd Floor, Columbus, Ohio 43215. Please be sure to include the names of all guests who are part of the registration. Register for the luncheon.

Information about table sponsorship is available.

Information about Arts Day is available from Ohio Citizens for the Arts at http://www.OhioCitizensForTheArts.org/

Art and the Common Core: Education Week will present a webinar on Tuesday, February 19, 2013, at 2:00 to 3:00 PM to explore the connections between the arts and the Common Core State Standards. The webinar will feature Susan Riley, an expert in arts integration, curriculum innovation, and resource development specialist, Anne Arundel County public schools, Md. and Lynne Munson, president and executive director, Common Core. The webinar will be moderated by Erik Robelen, assistant editor, Education Week. The panelists will discuss the potential of arts integration with the common core and provide practical examples of how to put the concept into practice.

Register.

Professional Opportunities Offered: The Ohio Department of Education has posted on its website information about professional development opportunities for arts educators offered in cooperation with Educational Service Centers, school districts, and arts organizations. The sessions are open to dance, drama/theatre, music, and visual art educators, and focus on the 2012 Arts Learning Standards and teacher evaluation. Facilitators include the ODE staff and art standards writing team teachers.

More information is available.

Full STEAM Ahead: Americans for the Arts reports that Representative Suzanne Bonamici of Oregon and Representative Aaron Schock of Illinois will lead the STEAM Caucus, which stands for Science, Technology, Engineering, Arts and Math. The STEAM Caucus will promote the benefits of an education in the arts and sciences for individuals, communities, and the nation. Caucus members will work to increase awareness of the importance of STEAM education and explore new strategies to advocate for STEAM programs, and will work with the Congressional Arts Caucus.

More information 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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