Arts On Line Education Update 06.09.2014

Ohio News

130th Ohio General Assembly: The Ohio House and Senate completed work last week on a number of bills and have “recessed” for the summer.

Lawmakers worked through two conferences committees to finalize HB483 (Amstutz) Mid Biennial Review (MBR) Operations and HB487 (Brenner) Mid Biennial Review Education, both bills passing the House and Senate.

In an interesting move, the Senate Education Committee, chaired by Senator Lehner, added to HB362 (Scherer/Derickson), a bill about STEM schools, the teacher evaluation provisions in SB229 (Gardner). The Senate had inserted SB229 in HB487, but those provisions were removed by the conference committee. The Senate Education committee changed the provisions somewhat in order to gain House approval, but in the end the Senate approved the bill on June 3, 2014 and the House concurred with HB362 amendments on June 3, 2014. More details about HB487, HB483, and HB362 are included below.

This Week at the Statehouse: The Ohio Constitutional Modernization Commission and its committees will meet on Thursday, June 12, 2013 at 9:00 AM. The full Commission will meet at the Statehouse in Columbus at 3:00 PM in hearing room 313. The OCMC Education, Public Institutions and Miscellaneous and Local Government committee, which is reviewing Article VI and the “thorough and efficient” clause, will meet at the Statehouse at 12:20 PM in hearing room 114. Charlie Wilson, a law professor at Ohio State University, will be testifying.

Legislative Update

Signed into Law:

Governor Kasich signed into law on June 5, 2014 HB484 (Rosenberger-Brown), one of the Mid Biennium Review (MBR) bills that amends, enacts, and repeals sections of the Revised Code regarding higher education programs.

House Action:

  • HB362 (Scherer/Derickson) STEM Schools/Teacher Evaluations: The House approved Senate amendments for HB362 on June 3, 2014.
  • HB85 (Terhar/Gonzales) Homestead Exemption for Veterans: Enhances the homestead exemption for military veterans who are 100 percent disabled from a service-connected disability. The House concurred with Senate amendments on June 3, 2014.
  • HB449 (Gonzales) Grants in-state status for certain veterans applying to higher education institutions. The House approved the bill on June 3, 2014.
  • HB171 (McClain/Patmon) Release Time for Religious Courses: Permits public school students to attend and receive credit for released time courses in religious instruction conducted off school property during regular school hours. The House concurred with Senate amendments on June 4, 2014.
  • HB492 (Scherer) MBR-Taxation: Provide authorization and conditions for the levy and administration of taxes in this state. The House concurred with Senate amendments on June 3, 2014.
  • HB487 (Brenner) Mid Biennium Review Education: Includes a variety of changes in education law. The House approved the conference committee report on June 4, 2014.
  • HB483 (Amstutz) Mid Biennium Review Operations: Makes operating and other appropriations and provides authorization and conditions for the operation of state programs. The House approved the conference committee report on June 4, 2014.

Senate Action:

  • Amended HB362 (Scherer/Derickson) STEM Schools/Teacher Evaluations: The Senate approved HB362 on June 3, 2014.
  • HB171 (McClain/Patmon) Release Time for Religious Courses: Permits public school students to attend and receive credit for released time courses in religious instruction conducted off school property during regular school hours. The Senate approved the bill on June 3, 2014.
  • HB393 (Baker/Landis) Career Decision Guide Publications: Requires public high schools to publish annually a career decision guide in its newsletter or on its website. The Senate approved the bill on June 3, 2014.
  • HB264 (Wachtmann-Barnes) Diabetes Care-School: Addresses the care for students with diabetes in schools. The Senate approved the bill on June 3, 2014.
  • HB487 (Brenner) Mid Biennium Review Education: Addresses a variety of changes in education law. The Senate approved the conference committee report on June 4, 2014.
  • HB483 (Amstutz) Mid Biennium Review Operations: Makes operating and other appropriations and provides authorization and conditions for the operation of state programs. The Senate approved the conference committee report on June 4, 2014.

National News:

Two More States Pull-Out of the Common Core State Standards: While lawmakers in Ohio further endorsed the Common Core State Standards (CCSS) last week by aligning graduation exams to them in HB487, lawmakers in South Carolina and Oklahoma joined Indiana and voted to drop CCSS and adopt state-developed standards.

According to several media reports, in South Carolina Governor Nikki Haley signed on May 30, 2014 a bill that requires the state to drop CCSS and adopt new content standards for the 2015-16 school year. The law also prohibits the state from administering the common core assessments being developed by the Smarter Balanced Assessment Consortium.

Oklahoma Governor Mary Fallin signed on June 5, 2014 a bill that replaces CCSS with state-developed standards.

Both states adopted CCSS back in 2010, along with 46 other states and the District of Columbia. Four states, Virginia, Texas, Alaska, and Nebraska never adopted CCSS, and Minnesota adopted CCSS only in reading.

See “S.C. Governor Signs Bill Requiring State to Replace Common Core” by Andrew Ujifusa, Education Week, June 4, 2014.

See “Oklahoma Just Dumped The Common Core And It Could Cost The State Millions” by Rebecca Klein, The Huffington Post, 06/05/2014.

How CCSS Came to Be: Lyndsey Layton describes how the Common Core State Standards came to be developed in an article published on June 7, 2014 in the Washington Post. According to the article, Gene Wilhoit, the director of the Council of Chief State School Officers, and David Coleman, at that time with Achieve, Inc, but now with the College Board, convinced Bill and Melinda Gates to support the development of national standards in 2008. By 2010 46 states and the District of Columbia had adopted CCSS after millions had been poured into efforts to gain the support of state education officials, teacher unions, foundations, the National PTA, and business organizations, such as the Chamber of Commerce. And, there was support for national standards from President Obama. The U.S. Department of Education made it clear that states that had adopted “college and career ready” standards, such as the Common Core State Standards, would have a better chance to win a federal Race to the Top grant, at a time when states were struggling to balance budgets due to the recession.

Support for the standards is now unraveling, according to the article, led in part by “tea-party” Republicans and parent-teacher groups that oppose the corporate take-over of K-12 public education, privatization, and high-stakes testing.

The article includes an interview with Bill Gates.

See “How Bill Gates pulled off the swift Common Core revolution” by Lyndsey Layton, Washington Post, June 7, 2014.

Coalition of University Presidents Supports CCSS: According to Politico’s Morning Education, the Collaborative for Student Success announced last week the formation of a coalition of college presidents to support college and career ready academic standards, including the Common Core State Standards. The members of the coalition include State University of New York Chancellor Nancy Zimpher, Tennessee Board of Regents Chancellor John Morgan, and University of North Carolina System President Tom Ross, with more members to be announced on June 10, 2014.

The Collaborative for Student Success formed in 2013 to support the implementation and dissemination of information about the Common Core State Standards. The collaborative includes the following foundations: Helios Education Foundation, the Charles and Lynn Schusterman Family Foundation, The Leona M. and Harry B. Helmsley Charitable Trust, The William and Flora Hewlett Foundation, Carnegie Corporation of New York, the Bill and Melinda Gates Foundation, and the Lumina Foundation.

See “Morning Education” by Caitlin Emma, Politico, June 6, 2014.

More on HB362 STEM Schools/Teacher Evaluations: The conference committee on HB487 (Brenner) the Mid Biennium Review Education, met on June 3, 2014 and removed the teacher evaluation provisions added by the Senate to the bill. Those provision were part of SB229 (Gardner), approved by the Senate in December 2013.

However, the Senate Education Committee, chaired by Senator Lehner, also met on June 3, 2014, and added the teacher evaluation provisions to another bill, HB362 (Scherer/Derickson) STEM Schools. This bill authorizes the STEM Committee to grant a designation of STEM school equivalent to a community school or chartered nonpublic school, and makes other revisions to the law regarding STEM schools. The amended HB362 was approved by the Senate and concurred with by the House on June 3, 2014.

Senator Gardner introduced the original bill, SB229, in response to requests from school district boards of education, school business officials, administrators, principals, and teachers to streamline and reduce the amount of time to implement Ohio’s Teacher Evaluation System (OTES).

The version included in HB362 represents a compromise between Senate and House Republicans, over the amount of the evaluation that is based on student test scores, which are represented by the value added measure.

Overall HB362 reduces the number of annual evaluations for teachers previously determined to be “skilled” to every two years, and every three years for “accomplished” teachers. However, in order to avoid a full evaluation, skilled and accomplished teachers must earn “average growth” value added scores during the past year.

The bill permits school districts to reduce the percentage of the teacher evaluation based on student growth measures from 50 percent to at least 42.5 percent. The remainder of the evaluation in 2014-15 would be based on observation at the same percentage as student growth, and up to 15 percent on other measures, such as student surveys, teacher self-evaluations, peer review, or student portfolios. The other measures will be developed by the Ohio Department of Education. School districts can also keep the evaluation at 50 percent student growth and 50 percent observation.

The bill also does the following:

  • Provides that in any year a teacher is not formally evaluated, as a result of receiving a “skilled” or “accomplished” rating on that teacher’s most recent evaluation, that teacher must still receive an observation and a conference.
  • Beginning with the 2014-2015 school year, authorizes a district or school to choose not to evaluate a teacher who was on leave from the school district for 50 percent or more of the school year, or has submitted a notice of retirement that was accepted not later than December 1 of the school year.

The ODE posted on its website a summary of HB362.

Administrators Want to Slow Down Implementation of the CCSS to Get it Right: The American Association of School Administrators released on June 3, 2014 the results of a survey of over 500 school district superintendents and administrators from 48 states about the Common Core State Standards (CCSS); aligned assessments; implementation of the standards; and support for the CCSS. The following are some of the results of the survey:

  • 86.5 percent of administrators report that their school districts have adopted CCSS; 8.3 percent have decided to adopt or are considering adoption of other new non-CCSS new state standards; less than one percent report that their states are not considering new standards.
  • 92.5 percent of administrators believe that the CCSS are more rigorous than previous standards, but 2.1 percent believe that the CCSS are less rigorous.
  • 73.3 percent of administrators report that the assessments are an obstacle; 65.2 percent say that teacher training/professional development is an obstacle; 58.2 percent say that finding instructional materials aligned to the CCSS is an obstacle; and 52.3 percent say that state support is an obstacle.
  • 55.8 percent of administrators from high poverty districts believe that the standards are more rigorous, compared to 23.2 percent of administrators from low poverty districts.
  • 81 percent of administrators from states implementing CCSS believe that the political debate has gotten in the way of successfully implementing the standards.
  • Few administrators (between 5-7.5 percent) from CCSS states report that teachers, principals, or staff are unprepared to implement the new standards. However, 28 percent of administrators surveyed in low-poverty districts compared to 22 percent of those in high-poverty districts, say that their teachers are “very prepared”.
  • 81.2 percent of administrators in CCSS states believe that there has been an inadequate implementation of the standards. This includes inadequate funding (46.6 percent); teacher training (58.6 percent); and assessments (66.3 percent).
  • 78.3 percent of respondents agree that the education community supports the standards, but only 51.4 percent agree that the broader community supports the standards.
  • 27.4 percent say the broader community supports the assessments, and 47.5 percent say the education community supports the assessments.
  • 73 percent report that there is a misunderstanding and misinformation about the standards verses the assessments.
  • 41.9 percent of respondents say that schools in their states are not ready to implement the online assessment, and 35.9 percent say they lack the infrastructure to support online assessments.
  • 9.7 percent of respondents replied that assessments aligned to the CCSS was running smoothly. “Despite the problems with the assessments, they are part of the teacher evaluation process for 48.8 percent of respondents. This kind of high-stakes testing has troubling outcomes, since the standards are not fully implemented, and many schools are not prepared for the assessments.”
  • 79.8 percent of respondents say that materials aligned to the CCSS have been difficult to find.
  • 47 percent of administrators say their input was never requested.

The report includes several comments and recommendations about implementing the CCSS and aligned assessments.

One time tests: The AASA says in the report that it “…opposes the continued reliance on using one-time, snapshot testing for accountability and high-stakes decisions. This one test cannot be expected to properly measure both student learning and teacher effectiveness.”
Lack of aligned materials: Administrators report that instructional materials and texts aligned to the CCSS are not available.
Lack of involvement: “As states made the decision to implement the new standards, superintendents report they were rarely asked to provide input, despite their extensive knowledge of their district’s entire education system. This lack of communication, as well as a lack of state support for the districts comes up throughout the survey; superintendents feel that support from their states and state agencies is insufficient, and that more communication would benefit their implementation of the new standards.”
Bumpy Transition: ”The transition has been bumpy, but superintendents remain optimistic about the new standards and are working to ensure the implementation of the new standards leads to successful outcomes for their students.”
High standards: “AASA supports high standards for all students, be they through the CCSS or other state-specific standards, but believes that schools and districts should be given the time necessary to fully implement the standards before judging their success, and assessments should be used in the manner for which they were designed and evaluated before any high-stakes outcomes are attached to their results.”

See “Common Core and Other State Standards: Superintendents Feel Optimism, Concern and Lack of Support” by Leslie A. Finnan, American Association of School Administrators, June 2014.

State Board of Education to Meet: The State Board of Education, Debe Terhar president, will meet on June 9 and 10, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, OH.

On Monday, June 9, 2014, the Accountability Committee, chaired by Tom Gunlock, will receive an update about Parent Focus Groups and also discuss the gifted indicator starting at 8:30 AM in room B001. The Capacity, Achievement, and Urban and Rural Renewal committees will meet immediately following the Accountability Committee meeting. The full board will receive an update about higher education from Board of Regents Chancellor John Carey at 11:30 AM and a presentation from the National Council on Teacher Quality (NCTQ) at 1:00 PM. The Operating Standards Committee, chaired by Ron Rudduck, will meet at 2:45 PM and discuss Rule 3301-35-06. The State Board will convene into Executive Session following the Operating Standards Committee meeting.

On Tuesday, June 10, 2014, the Legislative and Budget Committee, chaired by Kathleen McGervey, will meet starting at 8:30 AM. The Board will reconvene its business meeting immediately following the Legislative and Budget Committee meeting, and receive public participation on agenda and nonagenda items at 1:00 PM; receive the report of the Superintendent of Public Instruction; and take action on the Recommendations of the Superintendent of Public Instruction.

The State Board will consider the following resolutions at its June 10th meeting:
#6 Resolution of Intent to Amend Rules 3301-24-03 and 3301-24-18 of the Ohio Administrative Code Entitled Teacher Education Programs and Resident Educator License.
#14 Resolution to Rescind Rules 3301-21-05 to -07 of the Ohio Administrative Code Regarding Colleges and Universities Preparing Teachers.
#15 Resolution to Amend Rules 3301-24-07 of the Ohio Administrative Code Entitled Provisional License Renewal.
#16 Resolution of Intent to Amend Rules 3301-37-01 to 3301-37-12 of the Ohio Administrative Code Regarding Child Day Care Programs.
#17 Resolution to adopt Rule 3301-102-011 of the Ohio Administrative Code Entitled Dropout Prevention and Recovery Schools’ Assessment of Growth in Student Achievement and to Adopt Rule 3301-102-12 of the Administrative Code Entitled Standards for Awarding an Overall Report Card Designation to Dropout Prevention and Recovery Community Schools.
#18 Resolution to Adopt New Ohio Assessments for Educators Licensing Exams and Associated Qualifying Scores for Agriscience and Health Licensing Areas.
#19 Resolutions to Adopt Adjusted Qualifying Scores for Five Ohio Assessments for Educators Licensing Exams.

Bills Introduced

B579 (Grossman) Property Tax Valuation Dispute Hearing: Prohibits any party to a property tax valuation dispute, other than the original complainant, from appearing at a county board of revision hearing or subsequent appeal unless the party calls as a witness a representative of the county auditor or another qualified person who has appraised the property at issue.

HB580 (Grossman/Letson) Cardiopulmonary-Defibrillator Education: Requires instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator as a requirement for high school graduation.

FYI ARTS

Study Finds NCLB Had No Effect on Music Course Enrollment: Professor Kenneth Elpus at the University of Maryland recently published a research paper that describes the effects of the No Child Left Behind Act (2001) on high school music course enrollment from 1982 to 2009.

The study uses data from 10 separate nationally representative high school transcript studies conducted by the National Center for Education statistics. Using the transcript studies, the author created a unique database that included music course enrollment patterns for graduating classes of 1982, 1987, 1990, 1992, 1994, 1998, 2000, 2004, and 2009.

The author found that “overall music enrollment patterns were relatively stable in the public schools, with roughly 34 percent of all students consistently enrolling in at least one music course during high school across all cohorts.”

According to the abstract, “Abbreviated interrupted time series analyses suggest that NCLB had no effect on overall music enrollment rates but exacerbated the preexisting underrepresentation in music courses of Hispanic students, English language learners, and students with Individualized Education Plans.”

The paper notes that the exclusion of certain groups of “low achieving” students from music courses could be a consequence of accountability pressures on the school, but the mechanism used to exclude these students remains an open question.

See “Evaluating the Effect of No Child Left Behind on U.S. Music Course Enrollments” by Kenneth Elpus, University of Maryland, Journal of Research in Music Education, May 20, 2014.

See also a poster about this work.

NAEA Resources Support the New Arts Standards: The National Art Education Association has created the following opportunities for arts educators to learn more about the new Voluntary National Arts Standards, released on June 4, 2014. More information is available.

Regional Forums “Understanding and Applying the New Voluntary Visual Arts Standards”. The forums will be held in Chicago on June 24, 2014; Anaheim on June 26, 2014; Charlotte July 29, 2014; and Baltimore July 31, 2014.

Interactive Virtual Learning Experiences:

  • Dennis Inhulsen, NAEA President/Chair of the Visual Arts Writing Team, and members of the Visual Arts Standards Writing Team, will participate in a series of webinars about implementing the New Standards.
  • An interactive webinar will be held on June 16, 2014 to explore how the New Visual Arts Standards can be applied to local teaching and learning settings.
  • An interactive webinar will be held on July 14, 2014 to explore how the New Visual Arts Standards can be cluster-grouped to demonstrate artistic growth over time.
  • An interactive webinar will be held on August 11, 2014 to explore how the New Visual Arts Standards relate to components of many new teacher evaluation systems and demonstrate artistic growth over time.
  • An interactive webinar will be held on September 9, 2014 to explore the model assessments and how the four artistic process, creating, presenting, responding, and connecting, can be blended.

Interactive Virtual Conference: This is a two day virtual conference on September 13 & 14, 2014 to learn more about the components of the New Visual Arts Standards and how they can be used to guide curriculum and design assessment.

More information is available.

More Details about HB487 (Brenner) MBR Education

The Ohio House and Senate approved last week the conference committee report on HB487 (Brenner) MBR Education. The conference committee report included changes in about 30 or so provisions in the bill, removing some provisions, such as the teacher evaluation language, and reinserting other provisions, such as the negotiated floor payment for the College Credit Plus program. New provisions were also added, including high school graduation requirements and accommodations for Montessori schools, in addition to some general “tweaking” of the language.

The following is a summary of the conference committee changes in the HB487 based on the comparison document prepared by the Legislative Service Commission and a list of the amendments. The Legislative Service Commission has not posted the bill as approved by the House and Senate after the conference committee amendments were added, so a more detailed analysis will be published after the latest version of it is made available.

Academic Content Standards
The Senate version of HB487 included provisions that describe academic content standards that include essential academic content and skills, and removes references to the “Ohio Core” in current law. These provisions and others are retained by the conference committee.

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

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

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

  • Requires the SBE, in adopting or revising its academic content standards, to develop the standards in social studies, American history, American government, or science independently, and not as part of a multi-state consortium.
  • Requires the Ohio Department of Education (ODE) to post academic content standards on its website.

Section 3301.079 Academic Standards Review Committee: Creates the English language arts academic standards review committee, the mathematics academic standards review committee, the science academic standards review committee, and the social studies academic standards review committee.

  • Specifies the makeup of each committee, which must include prescribed experts, parents, and educators appointed by the President of the Senate, the Speaker of the House of Representatives, and the Governor. The state Superintendent and the Chancellor (or their designees) also are members of each committee.
  • Requires each committee to review the academic content standards for its respective subject area to ensure that such standards are clear, concise, and appropriate, and determine whether the assessments submitted to that committee are appropriate for the committee’s respective subject area and meet the academic content standards and community expectations.
  • Specifies that the assessments (and corresponding answers) received by the committees pursuant to this provision are not public records of the committees and are not subject to release by the committees to any other person or entity.

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

  • Allows a school district board of education to permit educators to create instructional materials consistent with the board-adopted curriculum.
  • Specifies that nothing in the provision is intended to promote or encourage the use of any particular text or source material statewide.

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

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

  • Added by the conference committee is a provision in Temporary Law (Section 17) that requires the Superintendent of Public Instruction not later than December 31, 2014, to submit to the Governor and General Assembly recommendations for legislative changes regarding intervention for poor performing school districts that are at risk of becoming subject to the establishment of an academic distress commission.

Accountability/Report Card
The House version of HB487 made several changes for calculating measures on the local report card, and how the measures would be reported. The conference committee report includes additional changes:

  • NEW Section 3301.03 (B)(1)(h) and C(1)(h): Adds to the report card a graded value-added progress measure for “high mobility” school districts and buildings using value added data from the most recent school year available and assessment scores for only those students to whom the district or building administered assessments for each of the two most recent consecutive school years. High mobility is defined as those districts or schools where at least 25 percent of total enrollment has attended for less than one year.
  • NEW Section 3302.03(B)(1)(h) and (C)(1)(h): Exempts from the computation of the overall letter grade, which is based on an aggregate of all performance measures, the additional value-added progress dimension grade for a high mobility school district or building.
  • NEW Requires the ODE in 2014-15 to include the academic progress measure for high school students as an ungraded measure on the report card.
  • NEW Requires the ODE to annually publish not later than October 1, 2015 a report regarding the performance of students with disabilities, and attend school districts, community schools, STEM schools, and college-preparatory boarding schools. The report shall include the value added progress score disaggregated for each subgroup; the performance index score for each subgroup; the four and five year adjusted cohort graduation rates for each subgroup.
  • NEW 3302.036: Clarifies that the safe harbor provisions are related to performance results for the 2014-15 school year.

Advanced Standing Programs Section 3313.6013
The bill renames dual-enrollment programs as “advanced standing programs”, which include College Credit Plus, International Baccalaureate, Advanced Placement, and Early College High School. The bill also further defines Early College High School Programs and defines that the program serves students who are underrepresented in completing post-secondary education, economically disadvantaged students, or students whose parents did not earn a college degree.

Age and Schooling Certificates Section 3331.04
The conference committee made more changes to the age and schooling certificate. As introduced, and retained, the bill repeals a provision permitting a superintendent, if certain requirements are satisfied, to issue an age and schooling certificate to a child over age 16 who is unable to pass a test for the completion of seventh grade and who is not so below the normal in mental development that the child cannot profit from further schooling. The bill permits a superintendent, if certain requirements are satisfied, to issue an age and schooling certificate until July 1, 2016 to a child over age 16, but beginning July 1, 2016, the Superintendent can only issue an age and schooling certificate to a child over age 16 who, in agreement with the child’s parents, guardian, or custodian, provides proof acceptable to the Superintendent that certain requirements are satisfied, and the child is enrolled in a competency-based instructional program to earn a high school diploma in accordance with rules that the State Board of Education must adopt not later than July 1, 2016.

Assessments
The conference committee retained a number of provisions regarding assessment, but added other provisions, some in uncodified law.

  • Kindergarten Diagnostic Assessment Sections 3301.0714(P) and 3301.0715(D): The conference committee retained provisions in the bill as introduced that permit kindergarten diagnostic assessment data to be included on the annual report cards issued for schools and school districts. The results of the language and reading diagnostic assessment must be reported to the ODE and are not subject to an existing parental option not to report that data. Section 3301.0714(B)(1)(n) Students with significant cognitive disabilities are exempt from taking the assessments. The bill also states that any district that received a grade of “A” or “B” for the performance index score or for the value-added progress dimension for the immediately preceding school year, may use different diagnostic assessments from those adopted under division (D) of section 3301.079 of the Revised Code in order to satisfy the requirements of division (A)(3) of this section regarding reading. The ODE may report school and district level kindergarten diagnostic assessment data and use diagnostic assessment data to calculate the progress in literacy and report card ratings.
  • Section 3301.163 Third Grade Reading, Scholarship Students: The bill subjects students who receive vouchers to attend nonpublic schools beginning July 1, 2015 to the third-grade reading guarantee retention provisions. The bill requires that nonpublic schools participating in the voucher programs adopt policies and procedures regarding students who do not read at grade level, provide services, and report the number of students reading at grade level, and the number of students not reading at grade level to the ODE.
  • Section 12A Third Grade Reading Assessment: The bill specifies which English language arts assessments will be administered to third grade students in the 2014-2015 school year.
  • Section 13(A) Online Assessments: The bill prohibits the ODE, for the 2014-2015 school year, from requiring a district or school to administer state achievement assessments in an online format, but permits a district or school to administer any of those assessments in an online format or in a combination of online and paper formats, at the discretion of the district board or school governing authority. Requires the ODE to furnish, free of charge, all required assessments regardless of format selected by the district or school.
  • NEW Section 13(B) Security of Online Assessments: The conference committee added a new requirement. The ODE must report to the Governor and the General Assembly on the security of student data with regard to the administration of online assessments not later than December 31, 2014.
  • NEW Section 13(C) Types of Assessments: The conference committee also added a provision that requires the ODE, by July 1, 2015, to publish the number of districts and schools that administered the required assessments in all of the following formats: completely online, completely on paper, and in any combination of online and paper formats.
  • Section 11 Reasonable Testing: The bill requires the State Superintendent to submit a report, not later than January 15, 2015, to the Governor and the General Assembly that includes a review of the number of elementary and secondary assessments required to be administered under the state assessment system, and the State Superintendent’s recommendations for decreasing the number of assessments, and the number of designated dates for, and the duration of, the administration of such assessments, to ensure that the extent of testing is reasonable.
  • Section 14 Chartered Nonpublic School Graduation Requirements: The bill creates an 11-member committee that must submit a report, not later than January 15, 2015, of recommendations regarding graduation requirements and testing requirements for students enrolled in chartered nonpublic schools to the chairpersons of the education committees of the House of Representatives and Senate.
  • Section 3301.0711 and Section 15 Assessments as Public Records: These sections state that the administration of the elementary assessments in the 2011-2012, 2012-2013, and 2013-2014 school years shall not be a public record. A certain percent of questions included in state assessments under Section 3301.0710(B) each year will be released to the public, and requires that the ODE make the questions that become a public record under this division readily accessible to the public on the ODE’s web site. Questions on the spring administration of each assessment shall be released on an annual basis, in accordance with this division.
  • NEW Section 17 Teacher Qualifications: The conference committee added a provision that permits a school district or community school that cannot furnish the number of teachers who satisfy one or more of the criteria to teach a third-grader who reads below grade level needed for the 2014-2015 or 2015-2016 school year to develop and submit an alternative staffing plan for that school year.

Career Technical Education Section 3313.90(A) and (B)
The bill specifies that each city, local, and exempted village school district must provide career-technical education to students enrolled in grades through 12 starting in the 2015-16 school year, but permits a district to obtain a waiver from the requirement from the ODE. It also increases the minimum enrollment for comprehensive career-technical course offerings in schools districts to 2,500 students in grades 7-12 (from 1,500 students in grades 9-12 as under current law.)

Career Advising/Student Success Plan Sections 3313.6015, 3313.6020, and 3326.11.
The conference committee made some changes as noted below in this section.

  • Requires each city, local, exempted village, and joint vocational school district and each community school and STEM school in 2015-16 school year to adopt a policy on career advising that specifies how a district will identify students who are at risk of dropping out of school using a research-based, locally based method, and develop a student success plan for each of those students that addresses the student’s academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway.
  • Requires input from teachers and guidance counselors in the development of student success plans. Sections 3313.6020(C)(1), 3314.03(A)(11)(d), and 3326.11
  • Requires a district or school, prior to developing a student success plan for a student identified as at risk of dropping out of school, to invite the student’s parent, guardian, or custodian to assist in developing the plan. Sections 3313.6020(C)(2), 3314.03(A)(11)(d), and 3326.11.
  • Requires the ODE to post model policies and plans on its website not later than December 1, 2014 Section 3313.6020(D)(1)
  • Requires dropout prevention and recovery programs to develop a student success plan and meet new requirements related to career advising and student services starting on July 1, 2015.
  • NEW Requires the ODE to create, not later than July 1, 2015, an online clearinghouse of research related to proven practices for policies on career advising and student success plans that districts may access when fulfilling the bill’s requirements. Section 3313.6020(D)(2)
  • NEW Requires the ODE to establish not later than July 1, 2015 a clearinghouse of information regarding the identification of and intervention for at-risk students.

Charter Schools
The bill establishes additional requirements for community school sponsors in order for a new community school to receive payments from the ODE; establishes criteria for reopening a permanently closed community school, and applies the provisions to e-schools; and specifies conditions for educational service centers to sponsor a conversion or start-up community schools within and outside of their service territory.

The conference committee added several new provisions regarding Montessori schools:

  • NEW Permits a Montessori community school to admit preschool students; permits eligibility for funding for preschool students from preschool line items; and permits Montessori-trained teachers to be eligible to obtain alternative resident license. (Some of the provisions are in uncodified law.)
  • NEW Clarifies community school closure provisions with regard to student mobility. Requires the ODE to calculate the value-added progress dimension measure using value-added data from only the most recent school year, but retains current law requiring the Department to use assessment scores for only those students to whom the school has administered the achievement assessments for at least the two most recent school years. Section 3314.35.

The bill also includes the following provisions affecting charter schools:

  • Establishes an approval process for conversion schools proposed to be located in the Cleveland Municipal School district, restricts statewide sponsorship by educational service centers, and clarifies the Transformation Alliance’s role in sponsor approval.
  • Affords a student enrolled in a community school or STEM school the opportunity to participate in any extracurricular activities at the school of the student’s resident school district to which the student would have been assigned (regardless of whether the community school or STEM school) is sponsored or operated by the school district as required under current law. Section 3313.537(B)(1)
  • Permits the superintendent of any school district to afford to any student who is enrolled in a community school or STEM school and who is not entitled to attend school in that district, the opportunity to participate in the school’s extracurricular activities if the student’s school does not offer the extracurricular activity, and the activity is not interscholastic athletics or interscholastic contests or competition in music, drama, or forensics. Section 3313.537(B)(2)
  • Eliminates a current provision permitting a school district board of education to require a community school student to enroll and participate in no more than one academic course as a condition to participating in an extracurricular activity. Section 3313.537(C)
  • Prohibits a school district board of education from imposing additional rules on a community school or STEM school student that do not apply to other students participating in the same extracurricular activity. Section 3313.537(E)

Cleveland Metropolitan School District (CMSD)/Transformation Alliance Section 3314.02(B)(4)
The conference committee establishes an approval process for sponsors of conversion schools proposed to be located in the CMSD. The ODE is required to approve sponsors of new conversion schools, except for certain grand-fathered sponsors, including educational service centers.

  • NEW Requires the governing board of an educational service center that proposes to sponsor a start-up community school to request recommendation from the Transformation Alliance, if the school is located in Cleveland.
  • Makes changes in the role of the Transformation Alliance regarding approving charter school sponsors. Requires the ODE to consider the recommendations of the Transformation Alliance for extending, granting, and renewing a sponsor’s contract, and permits the ODE to request recommendations from the Transformation Alliance and for the Transformation Alliance to offer recommendations.

College Credit Plus Sections 3365.01-3365.15
The conference committee report retains the new College Credit Plus Program (CCP), but restores a House provision that was removed by the Senate and permits school districts to negotiate agreements below the $40/credit hour floor with institutions of higher education (Section 3365.07 ORC). The conference report also gives the Chancellor rule-making authority over the program, rather than the State Board of Education.

The CCP replaces the Post Secondary Enrollment Options starting in 2015-16 school years, but does not apply to elective college courses that students might take in high schools or to AP and IB courses, or early college high school programs that meet certain criteria. The bill requires all public school districts and institutions of higher education to participate, except the Northeast Ohio Medical University, and allows out-of-state colleges to participate with the approval of the chancellor. The bill also allows students in grades 7 and 8 to participate in the CCP program. Nonpublic high schools and participating private colleges must follow CCP requirements, but can also receive a waiver from the Chancellor regarding the CCP requirements. The bill also defines nonpublic secondary schools, for purposes of the CCP program, as chartered nonpublic schools, and treats students who are participating in CCP, but attend nonchartered nonpublic schools, in the same manner as home-schooled students.

The cost for students to participate in post secondary courses is based on per-pupil basic aid prorated according to the number of credits up to 30 credits. The conference committee report allows the Chancellor to waive the per credit funding floor of $40 per credit hour, so that school districts can negotiate with institutions the cost of the credit.

The conference committee report changes some of the requirements for alternative payment agreements between high schools and colleges, but still requires that payments for costs that exceed the amount paid by the ODE must not exceed the default ceiling amount, and the participant may not be charged an amount to exceed the difference between the “maximum” per participant charge amount and the default floor amount. Also, the bill sets a maximum per participant charge amount, and states that “No participant who is identified as economically disadvantaged may be charged for participation.”

Participants can be charged for tuition, textbooks, and fees under certain conditions, unless the student is enrolled in a public college under CCP; the student is economically disadvantaged; or the student is enrolled in voucher programs and qualifies as disadvantaged and attends a private college under CCP.

The bill also creates the College Credit Plus advisory committee to assist in developing programmatic metrics and monitor the programs progress.

NEW College and Work Ready Assessment System Sections 3301.0710 and 3301.0712
The conference committee created a new assessment system for Ohio’s schools to replace the Ohio Graduation Exams. The provision includes specific actions that the ODE must take to establish seven end of course assessments; passing grades for all applicable exams, including any AP or IB exams that students take as an alternative exam; and the passing score on a national standardized assessment of college readiness.

The bill also removes current provisions requiring the Superintendent of Public Instruction and the Chancellor to select multiple assessments for use as end-of-course examinations, which must include nationally recognized subject area assessments, such as advanced placement examinations, SAT subject tests, international baccalaureate examinations, and other assessments of college and work readiness.

NEW Graduation Requirements Section 3313.618
The conference committee added a new provision establishing new graduation exams to replace the Ohio Graduation Test for the Class of 2018, which enters ninth grade on or after July 1, 2014. The State Board of Education had recommended last year that students meet course requirements and pass up to ten exams based on the Common Core State Standards and standards in science and social studies. The House and Senate have also been debating other options for graduation included in HB193 (Brenner).

The new graduation requirements do not change course requirements already in law, but do establish three pathways to graduation:

  • Students can earn a diploma by obtaining a cumulative passing score, set by the state Board of Education, on seven end-of-course exams in Algebra (or integrated math 1); Geometry (or integrated math 11); English I; English II; American History; and Government. The State Board of Education can substitute Algebra II for Algebra I beginning with Class of 2020. Students can substitute a passing grade on an AP, IB, or dual enrollment examination aligned to the courses required in lieu of the end of course exams for physical science, American history, and/or American government.
  • Students can earn a diploma by earning a “remediation free” score on a nationally recognized college admission exam in the 11th grade. The bill requires that the state pay for the cost of the exam.
  • Students can earn a diploma by meeting the requirements of an industry credential program or earn a state license for practice in a vocation and a score demonstrating workforce readiness and employability on a job skills assessment.

The bill also requires the following:

  • Requires students opting out of Ohio’s course requirements over the next two years to take a math assessment to be determined by the ODE.
  • Requires the ODE to analyze data related to the opt-out provision.
  • Retains the requirement that school districts adopt a resolution describing how the district or school will address “college and career readiness and financial literacy” in its curriculum for seventh and eighth grade and for other grades as determined.
  • Exempts a student attending a chartered nonpublic school from passing the end of course exams as a prerequisite for high school graduation, if the student’s school publishes for each graduating class the results of the required nationally standardized assessment that measures college and career readiness. Specifies that the exemption goes into effect on and after October 1, 2015, but only if the General Assembly does not enact other requirements. Section 3313.612 (D) and (G)
  • Eliminates the current end of course examination exemption for students attending a chartered nonpublic school accredited through the Independent School Association of the Central States. Section 3313.612(B)(2)

Curriculum Requirements for Graduation: The Senate changed the curriculum requirements and references in law to the Ohio core curriculum. The conference committee retained these provisions and also changed some.

  • Establishes new requirements for students who seek exemptions from the curriculum requirements for graduation under current law, but retains the requirement that students complete a Student Success Plan.
  • Extends until July 1, 2016 the option for students to graduate by meeting alternative requirements, but the conference committee added that students who enter ninth grade on July 1, 2014 must take four units of math; five elective units; and science units that include inquiry based experiences. Section 3313.603(D)
  • Requires the ODE by December 1, 2015 to submit findings and recommendations about extending this exemption.

Education Choice Program Section 3310.13
The conference committee made few changes in this section:

  • Qualifies for the Educational Choice (EdChoice) Scholarship students enrolled in a high school that receives a grade of “D” or “F” for the four-year adjusted cohort graduation rate in two of the three most recent report cards, beginning in the 2016-2017 school year. Sections 3310.03(A)(6) and 3310.031(B)(2).
  • Permits a chartered nonpublic school to charge a student receiving an EdChoice scholarship whose family income is above 200 percent of the federal poverty guidelines “up to the difference” between the scholarship amount and the school’s tuition, instead of charging “the difference” between the scholarship amount and the school’s tuition under current law. Section 3310.13(A)
  • Permits, instead of requires as under current law, a chartered nonpublic school to permit an eligible student’s family to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school’s tuition not covered by an EdChoice scholarship. Section 3310.13(B)
  • NEW Requires each chartered nonpublic school that charges a student an additional amount to report information to the ODE. Section 3310.13

NEW General Education Development Tests (GED) Section 3313.617(A)
The conference committee added a provision that permits individuals 18 (rather than 19 in current law) to take the tests of general educational development (GED) without additional administrative requirements, if the person is officially withdrawn from school and has not received a high school diploma. The bill requires a person who is at least 16, but less than 18, and who applies to take the GED to submit to the ODE written approval only from the person’s parent or guardian or a court official. The bill eliminates the current requirement to obtain approval from the school district superintendent where the person was last enrolled.

Gifted Education
The conference committee restores the House provision that requires ODE to annually report on its website each school districts’ expenditures for the identification and services for gifted education, and restores another House provision that prohibits reporting identified gifted students as being “served” if they are charged for a course, except for fees associated with AP and IB assessments.

REMOVED Home School Affidavit
The conference committee removed Section 3345.06, that required state institutions of higher education to accept a sworn affidavit verifying completion of a student’s high school curriculum from students enrolled in “nonchartered” non public schools, rather than chartered nonpublic schools, as under the House-passed version of the bill.

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

  • Prescribes the contents that must be included in the request for a waiver, and requires the state Superintendent to approve or deny a request for a waiver or request additional information within 30 days after receiving a request.
  • Requires the ODE to seek a waiver from the testing requirements prescribed under the federal “No Child Left Behind Act of 2001,” and to create a mechanism for the comparison of the proposed alternative assessments and the state assessments as it relates to the evaluation of teachers and student achievement data for the purpose of state report card ratings.

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

Nonpublic Schools
The conference committee made some changes in a Senate provision that exempts a chartered nonpublic school from the requirement to administer the elementary achievement assessments. The school must now request a waiver from the Superintendent of Public Instruction, after meeting certain conditions, including the following:

  • The school solely serves students with disabilities, and at least 95 percent of the school’s students are children with disabilities, or have received a diagnosis by a school district or from certain physicians as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger’s syndrome.

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

The bill also does the following:

  • Permits students in chartered nonpublic schools to meet graduation requirements by taking state assessments or taking a nationally standardized assessment such as the ACT or SAT, and posting scores unless the General Assembly enact other requirements.
  • Requires schools that charge students using an EdChoice Scholarship to report the number of students and the average amount charged.
  • Permits, instead of requires, a chartered nonpublic school to permit an eligible student’s family to provide volunteer services in lieu of cash payments to pay all or part of the amount of the school’s tuition not covered by an EdChoice scholarship.

Parent Advisory Committees Section 3313.212
The Senate added provisions that require each school district board of education to establish a parental advisory committee, or another method, to provide an opportunity for parents to review the selection of textbooks and reading lists, instructional materials, and the academic curriculum used by schools in the district. These provisions were not changed by the conference committee.

Privacy/Data Section 3301.948
The conference committee report retained the Senate provisions to better protect the confidentiality of student data, and made more specific the types of data that could not be collected.

  • NEW Prohibits the ODE, any school district, any school, or any third party under contract with the state, a school district, or a school to provide student names and addresses to any multi-state consortium that offers summative assessments.
  • NEW Requires the State Superintendent to make recommendations regarding student data security and use and the State Board of Education to establish standards to provide strict safeguards to protect the confidentiality of personally identifiable student data, in addition to the guidelines already required for the establishment and maintenance of the statewide Education Management Information System.

Safe Harbor Provisions Sections 3301.036 and 3302.036
The bill retains most of the Safe Harbor provisions added by the Senate with some amendments.

  • Postpones the use of student testing results during the 2014-15 school year to trigger consequences, including school restructuring, except as required under the federal “No Child Left Behind Act of 2001”; the Columbus City School Pilot Project (parent trigger); academic distress commission; Educational Choice Scholarship Program eligibility; defining a “challenged school district” in which new start-up community schools may be located; closing charter schools.
  • Permits a school district, community school, or STEM school to enter into a memorandum of understanding with its teachers’ union that stipulates that the value-added progress dimension grade based on assessments administered in 2014-2015 school year (rather than issued for 2014-15) will not be used when making decisions regarding teacher dismissal, retention, tenure, or compensation. Section 16
  • NEW permits the ODE, at the discretion of the State Board, to not assign an individual grade for the six components that comprise the state report card for the 2014-2015 school year only. Section 3302.036(A).
  • Prohibits the ODE from ranking schools based on performance index score, student academic growth, per pupil operating expenditures, percentage of operating expenditures spent on classroom instruction, and performance of and opportunities for gifted students. Section 3302.036(A)
  • Clarifies that the safe harbor provisions are related to performance results for the 2014-15 school year.

School Emergency Plans Section 3313.536
The bill changes the name of “school safety plans” to “emergency management plans” and requires the “administrator” of specified schools, preschools, and educational centers and facilities to develop, adopt, and submit to the ODE and local law enforcement agencies a comprehensive emergency management plan that incorporates a floor plan, site plan, and emergency contact information sheet, in addition to protocols for threats and emergency events. The conference committee made some changes in this provision.

  • NEW Removes a school or facility that serves children under the Autism Scholarship Program or the Jon Peterson Special Needs Scholarship Program from the list of specified schools that are required to adopt an emergency plan. Section 3313.536(A)(1)
  • Requires the ODE to send copies of the submitted plans to the Attorney General and the Director of Public Safety.
  • Requires each administrator annually to review the plan and certify its accuracy to the ODE, as well as to update the plan every three years (current law), whenever major modifications require changes (current law), or whenever information on the emergency contact information sheet is not accurate (added by the amendment).
  • Requires each administrator to conduct at least one annual emergency management test, which is defined as “a regularly scheduled drill, exercise, or activity designed to assess and evaluate an emergency management plan.”
  • Subjects any administrator who is an applicant for a license or who holds a license from the SBE to disciplinary action on the administrator’s license, if the administrator fails to comply with the requirements related to such plans.
  • Permits the Superintendent of Public Instruction to exempt any administrator from the requirements related to emergency management plans, if the requirements do not apply to the school buildings under the control of that administrator.
  • Specifies that copies of the emergency management plans and information incorporated into the plans, including related information that is required to be posted on the Contact and Information Management System by the Director of Public Safety, are not public records.

REMOVED School District Merger and Debt Forgiveness Across County Lines Section 3311.25
This provision pertains to merging school districts, one of which has a population of more than 100,000.

School District Mergers/Indebtedness NEW Section 3311.241, and Section 8:
The conference committee retained these provisions, some of which were originally included in HB216, (Patterson) which was reported by the House Education Committee last October. The bill provides that if the voluntary transfer of a school district results in the complete dissolution of that district, and satisfies certain specified conditions, the acquiring school district will acquire the transferring district’s territory free and clear of any indebtedness owed by the transferring district to the state Solvency Assistance Fund, if the transfer is initiated before December 31, 2015. Section 3311.241.

The bill also cancels the amount owed to the Solvency Assistance Fund by any school district that has fewer than 500 students when either the entire territory of the district is transferred to a contiguous school district not later than June 30, 2015, or the district receives the entire territory of a contiguous school district not later than June 30, 2015. Section 8 Uncodified Law.

School for the Blind Sections 3325.02, 3325.06, 3325.07, 3325.09, 3325.10, 3325.17, and 3325.071
The Senate added several provisions about parent training programs for the Ohio School for the Blind. These provisions were retained in the bill.

  • Requires the SBE to institute and establish a program at the State School for the Blind to train and assist parents of children of preschool age whose disabilities are visual impairments.
  • Requires the SBE to institute and establish at the State School for the Blind career-technical education and work training programs for secondary and postsecondary students whose disabilities are visual impairments.
  • Creates the State School for the Blind Educational Program Expense Fund, and requires the State School for the Blind to use monies in the fund for educational programs, after-school activities, and expenses associated with student activities.
  • Specifies that, for purposes of provisions of law related to the State School for the Blind, visual impairment means “blindness, partial-blindness, deaf-blindness, or multiple disabilities if one of the disabilities is vision related.”

School Facilities Commission STEM Schools Section 3318.70 and Section 10 in uncodified law:
This provision was added by the Senate and retained by the conference committee. It requires the Ohio School Facilities Commission to establish guidelines for assisting STEM schools in the acquisition of classroom facilities, and requires (rather than permits as under current law) the Commission, subject to Controlling Board approval, to provide funding to any STEM school that is not governed by a single school district board.

REMOVED School Property Proceeds
The conference committee removed a provision regarding the use of proceeds of the sale of real property for operations from the bill, but the provision is also included in HB483.

Student Concussions Section 3707.521
The conference committee changed the provision regarding students returning to practice after receiving a concussion. The bill now creates a committee to establish training requirements and guidelines for certain practitioners with regard to clearing students who have suffered a concussion to return to practice.

Teacher Evaluations
The conference committee report removes the teacher evaluation provisions added by the Senate, which were part of SB229 (Gardner), approved by the Senate in December 2013. However, the Senate Education Committee, chaired by Senator Lehner, added the teacher evaluation provisions to another bill, HB362 (Scherer/Derickson) STEM Schools, which was later approved by the Senate and concurred with by the House on June 3, 2014.

Teacher Licensing Section 3319
The conference committee retained the provisions regarding teacher licenses.

  • Section 3319.22 License Renewal: The bill allows a resident educator license to be valid and renewable for reasons specified by rules adopted by the SBE.
  • Section 3319.26 Alternative Resident Educator License: The bill requires the SBE to develop rules about the reasons for which an alternative resident educator license may be renewed.
  • Section 3319.31 Denying a License: The bill adds to the reasons for which the state board of education can deny a license failure to comply with submitting an emergency management plan to the ODE, Attorney General’s Office, and local agencies.

Third Grade Reading Guarantee (TGRG)
The House and Senate added provisions that subject nonpublic schools and students participating in the EdChoice or Cleveland Scholarship Program to certain provisions of the Third Grade Reading Guarantee Program beginning July 1, 2015, unless a student is exempt because of a disability.

  • NEW Requires students that meet requirements of the TGRG during the fall testing to still take the new state reading assessment (PARCC) in the spring.
  • NEW Permits an alternative TGRG staffing plan to be submitted for 2014-15 school year (Section 17).
  • NEW Requires school districts to review the Individual Service Plans of students attending nonpublic schools and are exempted from TGRG.

Additional information about HB487 provisions in uncodified law will be provided after the most recent version of the bill is available.

HB483 (Amstutz) Mid Biennium Review Operations:

The conference committee on HB483 made some changes in appropriations and policies that affect K-12 and higher education, but also retained tax policies that reduce state taxes by about $400 million. The tax provisions include a one-time increase from 50 percent to 75 percent in a small business tax deduction, which is contingent on the current year ending balance; an acceleration of the personal income tax rate cuts enacted in the biennial budget (HB 59); an increase in personal exemptions; and an increase in the Earned Income Tax Credit.

The following is a summary of some provisions included in the version of HB483 amended by the conference committee:

SAME Section 103.63 Ohio Constitutional Modernization Commission: Requires the 12 General Assembly members appointed to the Ohio Constitutional Modernization Commission to meet, organize, and elect co-chairpersons, and to re-create the Commission by appointing the rest of the members, on or before January 10 of every even-numbered year, rather than not later than January 1 of every even-numbered year as under current law.

  • Specifies that a member of the Commission continues in office until the member’s successor is appointed. (Terms end on the first day of January of every even-numbered year.)

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

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

NEW Sections 3307 and 733 STRS Eligibility: Excludes from the State Teachers Retirement System (STRS) certain teachers, who are performing state-funded auxiliary services for nonpublic school students.

  • Requires the Ohio Retirement Study Council (ORSC), in cooperation with the STRS Board, to develop a procedure to determine if the teachers who are excluded from the STRS under this bill are teachers under STRS. Requires the ORSC to make their recommendation no later than December 31, 2014.

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

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

RESTORED Section 3313.617 GED: Specifies that a person who is at least 18 years old (rather than 19 as under current law) may take the tests of general educational development (GED) without additional administrative requirements if the person is officially withdrawn from high school and has not received a high school diploma.

  • Requires a person who is at least 16 but less than 18 years old and who applies to take the GED to submit to ODE written approval only from the person’s parent or guardian or a court official (eliminating the current requirement to obtain approval from the school district superintendent or community school or STEM school principal where the person was last enrolled).

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

A program shall be eligible for this approval if it satisfies all of the following requirements:

  • The program allows an eligible student to complete the requirements for obtaining a high school diploma while completing requirements for an approved industry credential or certificate.
  • The program includes career advising and outreach.
  • The program includes opportunities for students to receive a competency-based education.

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

RESTORED House amendments to Sections 3317.01, 3317.036, 3317.23 & 3317.24, 3314,38, 3333.04 and 3345.86 and 733.10 and 733.20 Alternative Education Programs:

  • Appropriates an additional $5 million in FY15 for GRF appropriation item 200421, Alternative Education Programs, to support the payments to the educating districts, schools, and colleges.
  • Permits starting in FY15, an individual who is 22 years old and older, (rather than up to 29 years old) and has not received a high school diploma or a certificate of high school equivalence, to enroll for up to two cumulative school years in any of the following for the purpose of earning a high school diploma: a school district that operates a dropout prevention and recovery program; a community school that operates a dropout prevention and recovery program; a joint vocational school district (JVSD) that operates an adult education program; a community college, university branch, technical college, or state community college.
  • Requires ODE to annually pay to each educational entity listed above, for each individual enrolled under the bill’s provisions,$5,000 times the individual’s enrollment on a full-time equivalency (FTE) basis as reported by the entity and certified by ODE times the portion of the school year in which the individual is enrolled in the entity expressed as a percentage.
  • Specifies that an individual enrolled under the bill’s provisions may elect to satisfy the requirements to earn a high school diploma by successfully completing a competency-based instructional program that complies with standards adopted by the State Board of Education, rather than the Chancellor. Requires that rules be adopted by December 31, 2014,
  • Prohibits a district or community school from assigning an individual enrolled under the bill’s provisions to classes or settings with students who are younger than 18 years of age.
  • For FY15, limits the combined enrollment of individuals under the bill’s provisions to 1,000.
  • Requires the ODE, not later than December 31, 2015, to prepare and submit a report to the General Assembly regarding services provided to individuals under the bill’s provisions.

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

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

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

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

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

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

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

SAME Section 5705.10 Proceeds of School Property Sale: Permits a board of education to use proceeds received on or after September 29, 2013, from the sale of school district real property for payment into a special fund for the construction or acquisition of permanent improvements.

REMOVED Sections 5715.19, 307.699, 3735.67, 5715.27, and 5717.01 Rights of Property Owners:

  • Limits the right to file property tax complaints to the property owner, the owner’s spouse, certain agents of the owner or spouse, or the recorder of the county in which the property is located. (Allows other parties, currently allowed to file original complaints, only to file counterclaims.)

More information will be provided about provisions in uncodified law after the latest version of HB483 is available.


This update is written weekly by Joan Platz, Research and Knowledge Director for the Ohio Alliance for Arts Education.  The purpose of the update is to keep arts education advocates informed about issues dealing with the arts, education, policy, research, and opportunities.  The distribution of this information is made possible through the generous support of the Ohio Music Education Association, Ohio Art Education Association, Ohio Educational Theatre Association, OhioDance, and the Ohio Alliance for Arts Education.

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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, 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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