Special Report on Educational Service Personnel Rules: The State Board of Education will meet on December 8 & 9, 2014 and will vote on an “Intent to Adopt Resolution” regarding revised Administrative Code Rules 3301-35-01 through 10, entitled Operating Standards for Ohio Schools and Districts in Kindergarten through Twelfth Grade.
The intent to adopt resolution starts the formal approval process to add, change, or rescind administrative code rules. The process includes a hearing and approval by the Joint Committee on Agency Rule Review (JCARR), approval by the Common Sense Review Commission, a public hearing conducted by the State Board of Education, and State Board approval of an adopt resolution. As far as we know the State Board expects to consider a final adopt resolution in February or March 2015.
The Ohio Alliance for Arts Education (OAAE) has been working with members of the State Board of Education over the past month to develop a “compromise amendment” that addresses our most serious concerns with revised Rule 3301-35-05 (A)(3) Educational Service Personnel; Rule 3301-35-01 (B)(13) Definitions-Educational Service Personnel; and directs the State Board’s Accountability Committee to develop a method to report on the state report card the total number of educational service personnel employed in each area by district, school, and state and per 1000 or less students.
In developing the amendment the OAAE set as its goal to restore the original purpose of educational service personnel from the 1983 Operating Standards and encourage boards of education to employ licensed educators with expertise and skills to provide instruction and support to meet the needs of students; create the best conditions for learning in Ohio’s schools; and increase accountability and transparency regarding the employment of educational service personnel.
The amendment that was developed and is expected to be introduced at the State Board meeting on December 9, 2014 addresses several of our concerns with revised Rules 3301-35-05 (A)(3). It includes a specific directive for boards of education to employ educational service personnel; it refers to the fine arts, including music, which is the term used in the Ohio Revised Code, rather than the arts; and it includes the requirement that educational service personnel teaching the fine arts, music, and physical education hold the appropriate multi-age licenses.
The amendment also removes most of the areas for employing educational service personnel added to Rule 3301-35-01 (B)(13) Definitions. Many of these areas are not licensed educators with direct contact with students, which dilutes the original intent of the rule to encourage school districts to employ educators with expertise to meet student needs.
The amendment also directs the State Board’s Accountability Committee to develop a methodology to report educational service personnel on the report card by 2015-16.
The compromise amendment is an improvement over the current revised rules 3301-35-05(A)(3) and 3301-35-01(B)(13), but doesn’t include everything that the OAAE wanted. For example, in lieu of the requirement that boards of education employ five full time equivalent educational service personnel per 1000 students in five of eight areas, the amendment includes the reporting requirement on the report card, which should provide stakeholders important information to track employment of educational service personnel in school districts and schools.
Members of the State Board of Education are expected to introduce other amendments to Rules 3301-35-01 through 10, including an amendment to restore the original language for Rule 3301-35-05 (A)(3) Educational Service Personnel and Rule 3301-35-01(B)(13).
The OAAE would support this amendment also, but would want it to include the directive for the Accountability Committee to develop a methodology to report educational service personnel on the local report card, because the Ohio Department of Education is not monitoring the current Rule 3301-35-05(A)(3), which lacks accountability and consequences.
The OAAE appreciates the efforts by the members of the State Board to address our most serious concerns with the revised educational service personnel rule and understands that a compromise means that the parties will make concessions.
The OAAE will continue to work with the State Board to amend the rules regarding educational service personnel through amendments that direct boards of education to employ educational service personnel; include licensure requirements; and provide for accountability.
1) Ohio News
- 130th General Assembly: The House and Senate have scheduled committee hearings and sessions this week.
- This Week at the Statehouse:
-The House Education Committee, chaired by Representative Stebelton, will meet on December 9, 2014 at 9:00 AM in Hearing Room 121. The committee will receive testimony on the following bills:
-HB473 (Hayes) Education-Student Expression Forum: Requires school districts, community schools, STEM schools, and college-preparatory boarding schools to establish a limited public forum for student expression. First hearing, sponsor testimony.
-HB520 (Carney/Patterson) Community Schools-Auditing Requirements: Regarding audit and record-keeping requirements for community school sponsors and operators. First Hearing, sponsor testimony.
-SB96 (LaRose) High School Social Studies Curriculum: Requires one unit of world history in the high school social studies curriculum. Second Hearing. A vote is possible.
-SB84 (Kearney) Ohio Poet Laureate: Creates the position of Ohio Poet Laureate. First Hearing, all testimony, a vote is possible.
-The Senate Education Committee, chaired by Senator Lehner, will meet on December 10, 2014 at 10:00 AM in the Senate Finance Hearing Room. The committee will consider the following bills:
-HB113 (Antonio) High School Physical Education: Specifies that school districts and chartered nonpublic schools may excuse from high school physical education students who participate in a school-sponsored athletic club. A vote is possible.
-HB178 (Phillips) School Safety Drills: Amends the laws regarding school safety drills. A vote is possible.
-HB367 (Driehaus/Sprague) Opioid Abuse Prevention Instruction: Requires the health curriculum of each school district to include instruction in prescription opioid abuse prevention. A vote is possible.
The Senate Education Committee also has scheduled an “if needed” meeting for December 11, 2014.
- Changes at the Statehouse: Senator Shirley Smith (21st Senate District) resigned on December 3, 2014 from the Ohio Senate as of November 30, 2014. According to the Northeast Ohio Media Group she stated in her resignation letter that she was resigning because of a change in the Ohio Public Employees Retirement System, which requires her to retire earlier than she planned to qualify for health care benefits.
See “Cleveland Sen. Shirley Smith resigns Senate seat” by Jackie Borchardt, Northeast Ohio Media Group, December 3, 2014 at
Representative Peter Beck (54th House District) resigned from the Ohio House on December 1, 2014. Representative Beck did not run for re-election in November, and is under indictment on securities fraud allegations.
Niraj Antani, who was elected to represent the 42nd House District in November 2014, was sworn into office last week. The seat has been vacant since the death of Representative Terry Blair in June 2014.
- Update on the Community Connectors Program: The Ohio Department of Education announced last week that applications were being accepted for the $10 million Community Connectors grant program. Applications will be accepted through February 20, 2015. The program links students in eligible schools with mentorship programs developed through partnerships in the community. The maximum award is $650,000 with the state matching $3 for every $1 spent. The ODE will be sponsoring three regional meetings and a statewide webinar next week for schools, non profits, and businesses interested in applying for the grants.
Information about the regional meetings is available at http://www.communityconnectors.ohio.gov/.
2) Legislative Update:
- Governor’s Office: Governor Kasich signed into law on December 2, 2014 SB69 (Beagle), which establishes the Course and Program Sharing Network to be administered by the chancellor of the Board of Regents.
- Ohio House: The Ohio House passed on December 4, 2014 the following bills:
-HB454 (Gonzales) Concealed Carry-School Safety Zone. The bill clarifies the authority of a concealed handgun licensee to possess a handgun in a school safety zone. The vote was 79-2.
-HB343 (Stebelton) Educational Programs: includes a number of requested changes in education law, and allows school districts to administer an end of course exam in biology in addition to one in physical sciences to meet the high school graduation requirement. The House Rules and Reference Committee amended the bill last week to remove a controversial section that would have repealed the minimum teacher salary schedule from statute. The bill also clarifies the licensing requirements for Teach for America; adjusts special education performance measures; requires the State Board of Education to develop by June 30 a “model disciplinary policy”; and makes changes in the laws regarding truancy. The bill passed by a vote of 84-2.
-HB460 (Brenner/Driehaus) School Restructuring: Authorizes school districts and community schools to initiate a community learning process to assist and guide school restructuring. This bipartisan-sponsored bill is modeled after Oyler Community Learning Center and other schools in Cincinnati. These schools provide non-educational services, such as a dental and mental health clinic, through public-private or public-public partnerships at the schools. The bill limits the community learning centers to high schools in 15 percent of the lowest performing schools. The bill passed by a vote of 85-3.
- House Education Committee: The House Education Committee, chaired by Representative Stebelton, reported-out two bills last week: HB303 (Hayes) Student Religious Expression and HB304 (Hayes) regarding student access to public school facilities.
- Ohio Senate: The Ohio Senate referred to the Senate Education Committee, chaired by Senator Lehner the following bills last week:
-HB343 (Stebelton) Educational Programs, includes a number of requested changes in statutes for K-12 education, and allows school districts to use an end of course exam in biology in addition to one in physical sciences to meet the high school graduation requirement.
-HB460 (Brenner/Driehaus) School Restructuring, authorizes school districts and community schools to initiate a community learning process to assist and guide school restructuring.
-HB228 (Brenner/Gonzales) Limits on Student Testing.
- Senate Education Committee: The Senate Education Committee, chaired by Senator Lehner, reported-out on December 2, 2014 SB266 (Skindell/Lehner) Public Schools-Behavior Intervention, regarding the use of seclusion and physical restraint on students, and positive behavior intervention supports in public schools.
3) State Board of Education Meeting: The State Board of Education, Debe Terhar president, will meet on December 8 & 9, 2014 at the Ohio Department of Education Conference Center, 25 South Front Street, Columbus, Ohio. The Board has a full agenda, which includes the evaluation of the State Superintendent of Public Instruction; presentations by the Achievement Committee, chaired by C. Todd Jones; meetings of the Achievement, Capacity, Graduation Requirements, and Legislative and Budget committees; and voting on the report and recommendations of the Superintendent of Public Instruction.
This will be the last State Board meeting for President Debe Terhar, and board members Debbie Cain, and Brad Lamb. The terms of Tess Elshoff, Cathye Flory, Joe Farmer, and Tom Gunlock also end on December 31, 2014, but they can be reappointed by Governor Kasich.
The 2015 – 2016 State Board will include three newly elected members: Pat Bruns (District 4); Roslyn Painter-Goffi (District 5); and Robert Hagen (District 8).
Returning to the State Board next year are also elected members: Ann Jacobs (District 1); Kathleen McGervey (District 2); A.J. Wagner (District 3); Mike Collins (District 6); Sarah Fowler (District 7); Stephanie Dodd (District 9); Ron Rudduck (District 10); and Mary Rose Oakar (District 11).
Appointed members returning next year to complete their terms include C. Todd Jones, Mark A. Smith, Rebecca Vazquez-Skillings, and Melanie P. Bolender.
There are eight “intent to adopt” resolutions on the Board’s agenda this month, including one to approve the revisions to Operating Standards for Ohio Schools and Districts for Kindergarten through Twelfth Grade, Rules 3301-35-01 through 3301-35-10. The Operating Standards Committee, chaired by Ron Rudduck, met for 15 months and revised the operating standard rules as required by five-year-review law. The committee approved the revised standards at their meeting in November by a 4 to 3 vote, and also presented the revised standards to the full Board.
The standards include a controversial provision eliminating the requirement that boards of education employ five full time equivalent educational service personnel for every 1000 students in five of eight areas: counselor, library media specialist, school nurse, visiting teacher, social worker, and elementary art, music, and physical education. The Board is expected to consider amendments to the resolution on this provision and others.
A complete list of resolutions that the State Board will consider during their business meeting follows:
#2 Resolution of intent to adopt Rule 3301-19-01, 02, 03 of the Administrative Code regarding expenditure flow reports.
#3 Resolution of intent to adopt Rule 3301-24-10 of the Administrative Code entitled Alternative Pathway to Professional Principal Licensure for the New Leaders for Ohio Schools Pilot Program.
#4 Resolution of intent to adopt Rule 3301-24-23 and -24 of the Administrative Code entitled Resident Educator License Renewal and Alternative Resident Educator License Renewal.
#5 Resolution of intent to adopt new Rules 3301-24-25 and -26 of the Administrative Code entitled Senior Professional Educator License Renewal and Lead Professional Educator License Renewal.
#6 Resolution of intent to adopt Rule 3301-61-02, -03, and 3301-61-16 of the Administrative Code regarding career technical education programs.
#7 Resolution of intent to adopt Rule 3301-91-02 and 03 and to rescind Rule 3301-91-05 of the Administrative Code regarding standards for school lunch and breakfast programs.
#8 Resolution of intent to adopt Rule 3301-102-08 of the Administrative Code entitled standards for measuring sponsor compliance with applicable laws and rules.
#19 Resolution to adopt Rule 3301-5-01 of the Administrative Code entitled school emergency management plan.
#20 Resolution to adopt Rule 3301-16-04 of the Administrative Code entitled graduation requirements transition.
#21 Resolution to adopt Rules 3301-45-01 to 3301-45-06 of the Administrative Code regarding the administration of programs for adults seeking to achieve a high school diploma.
#22 Resolution to confirm the Eastern Local School District Board of Education’s determination of impractical transportation of certain students attending St. Michael School, Ripley, Brown County, Ohio.
#23 Resolution to adopt passing scores for the resident educator summative assessment (RESA) for the Ohio resident educator program.
#24 Resolution charging the Ohio Department of Education to draft rules for the implementation of a new recognition program for high school accomplishments.
#25 Resolution to designate the job skills assessment for students to demonstrate workforce readiness and employability for the purpose of high school graduation.
#26 Resolution to designate selected science and social studies International Baccalaureate Exams as substitutes for the state’s physical science, American history, and American government end of course exams.
#27 Resolution to adopt measures of satisfactory achievement and progress for student subgroups.
#28 Resolution of intent to rescind and adopt Rules 3301-35-01 to 3301-35-10 of the Administrative Code and to rescind Rules 3301-35-11 to 3301-35-14 of the Administrative Code regarding the Operating Standards for Ohio School Districts and Elementary and Secondary Schools.
4) Fix the Opportunity Gap: An editorial in the Akron Beacon Journal on December 6, 2014 calls on Governor Kasich and state lawmakers to close the “opportunity gap” between school districts in Ohio in the next state budget. The editorial cites an article in the Columbus Dispatch about an analysis of school district course offerings in the state. The analysis, which is available on the Dispatch web site, shows that 85 percent of poor rural districts have fewer courses than the state average compared to 18 percent of wealthier school districts. The analysis also shows that of the school districts offering fewer than 150 courses, “53 percent make a greater-than average effort to fund their schools.”
Not only do the students miss out on opportunities, because of the lack of resources at their school district, but the editorial notes that the “state suffers by failing to develop the pool of talent here.” The state is not meeting its constitutional obligation to provide a “thorough and efficient” education, the editorial goes on to say, and little has been achieved since the DeRolph Supreme Court decisions, which found that over-reliance on local funding was “driving the problems of inadequacy and inequity.”
See “An opportunity gap in Ohio public schools: The course offerings in wealthy suburban districts far outpace those in poor rural areas”, Akron Beacon Journal, December 6, 2014, at http://akronbeaconjournal.oh.newsmemory.com
See “Rural kids get fewer AP classes” by Catherine Candisky and Jim Siegel, Columbus Dispatch, November 30, 2014
The Columbus Dispatch has developed a data base that compares the number of high school course offerings that school districts offer, including courses in the arts. The data base is at
5) NASSP Requests Comments of Proposed VAM Position: The National Association of Secondary School Principals’ Board of Directors (NASSP) has posted on its website a statement about the purpose of Value Added Measures (VAMs) for a 60-day comment period. After the 60 days, the NASSP intends to adopt the Statement at its February 2015 meeting.
The NASSP statement includes research, guiding principles, and recommendations for using VAM from student test scores to evaluate and make key personnel decisions about classroom teachers.
The statement states that the “NASSP supports recommendations for the use of “multiple measures” to evaluate teachers as indicated in the 2014 “Standards for Educational and Psychological Testing” measurement standards released by leading professional organizations in the area of educational measurement, including the American Educational Research Association (AERA), American Psychological Association (APA), and National Council on Measurement in Education (NCME).”
The statement includes the following recommendations:
-Successful teacher evaluation systems should employ “multiple classroom observations across the year by expert evaluators looking to multiple sources of data, and they provide meaningful feedback to teachers.”
-Districts and States should encourage the use of Peer Assistance and Review (PAR) programs. These programs provide expert mentor teachers to support novice teachers and struggling veteran teachers, and have been proven to be an effective system for improving instruction.
-States and Districts should allow teacher-constructed portfolios of student learning to be used as a part of teacher evaluation systems. The portfolios been used in a number of jurisdictions successfully.
-VAMs should be used by principals to measure school improvement and to determine the effectiveness of programs and instructional methods.
-VAMs should be used by principals to target professional development initiatives.
-VAMs should not to be used to make key personnel decisions about individual teachers.
-States and Districts should provide ongoing training for Principals in the appropriate use student data and VAMs.
-States and Districts should make student data and VAMs available to principals at a time when decisions about school programs are being made.
-States and Districts should provide resources and time principals need in order to make the best use of data.
See the statement at http://www.nassp.org/Content.aspx?topic=Value_Added_Measures_in_Teacher_Evaluation
- NEA Announces First Round of 2015 Grants: The National Endowment for the Arts (NEA), Jane Chu chairman, announced the agency’s first fiscal year 2015 grant awards on December 2, 2014. The grants, totaling $29.1 million, are awarded in three categories: Art Works, Challenge America, and NEA Literature Fellowships in Creative Writing. The awards support the arts and creativity to improve lives and communities in the United States.
-Art Works Grants: The Art Works grants support the creation of works and presentation of both new and existing works, lifelong learning in the arts, and public engagement with the arts through 13 arts disciplines or fields. The NEA will award 917 grants totaling $26,571,000 in this area.
A new Art Works funding priority called collective impact “will focus on collaborative, systematic approaches that involve entire schools, school districts, and/or states,” in communities. Seven projects will be funded through the collective impact initiative totaling $495,000. These grants will provide opportunities to an estimated 750,000 students.
The NEA also supports innovative projects that integrate the arts, science, and technology through several NEA disciplines.
-Literature Fellowships in Creative Writing Grants: NEA will award thirty-six poets Literature Fellowships in Creative Writing grants of $25,000. The grants can be used for research, travel, and career advancement.
-Challenge America Grants: The Challenge America grants total $1.63 million for 163 projects in 44 states. These are matching grants of $10,000 to support projects that provide opportunities in the arts for underserved populations.
Ohio will receive 23 grants totaling $552,000. The recipients include the following:
-Mary Biddinger – Creative Writing Fellowship Poetry
-Art Opportunity, Inc. Cincinnati
-Cincinnati Opera Association
-Cincinnati Playhouse in the Park
-Cincinnati Symphony Orchestra
-Kennedy Heights Art Center, Cincinnati
-Taft Museum of Art, Cincinnati
-Cleveland International Film Festival, Inc.
-Cleveland Modern Dance Association
-Cleveland Museum of Art
-Cleveland Public Theatre, Inc.
-Cuyahoga Community College Foundation
-Musical Arts Association, Cleveland
-Zygot Press, Inc., Cleveland, OH
-Ballet Metropolitan, Columbus
-Wexner Center Foundation, Columbus
-Central Ohio Symphony, Delaware
-Kenyon Review, Gambier, OH
-Natalie Shapero, Creative Writing Fellowship in Poetry
-Newark Midland Theatre Association, Newark, OH
-Wassenberg Art Center Association, Van Wert, OH.
To learn more about these projects see http://arts.gov/sites/default/files/Fall_2014_Grant_List_by_State_FINAL.pdf
To learn more about the NEA grants see http://arts.gov/news/2014/national-endowment-arts-awards-29-million-arts-projects
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 (www.omea-ohio.org), Ohio Art Education Association (www.oaea.org), Ohio Educational Theatre Association (www.ohedta.org); OhioDance (www.ohiodance.org), and the Ohio Alliance for Arts Education (www.oaae.net).