by Bronston McCord | Dec 8, 2017 | Legislation, School Management
The Senate Education Committee has announced a fourth hearing on Senate Bill 216 to be held on Wednesday, December 13, at 9:45 a.m. in the North Hearing Room of the Senate Building in Columbus. The time of the meeting has been changed to allow for a longer meeting, as a large volume of testimony is expected. A number of school superintendents have provided testimony at previous hearings. It is rumored that the Education Committee Chair, Sen. Peggy Lehner, is opposed to at least some of the bill provisions. If the bill is not referred out of the Senate Education Committee before their December break, there might be closed, interested party meetings (instead of open hearings in committee) into January.
How to Provide Testimony
Anyone who is interested in providing testimony for next week’s hearing, whether oral or written or both, may do so by completing and sending an Education Witness Slip and written testimony to kate.rossman@ohiosenate.gov no later than 24 hours prior to the committee hearing. The committee is anticipating a large volume of testimony, so requests will be granted on a first-come, first-served basis. Oral testimony will be limited to 5 minutes (2–3 pages written).
First Hearing
The first hearing was held on October 18. The sponsor of the bill, Sen. Matt Huffman, introduced the bill to the Education Committee. He noted that burdensome paperwork and tedious tasks distract teachers and superintendents from their primary role of educating students. Sen. Lehner said that although a number of things may be cumbersome, there may be valid reasons to keep them, such as the Kindergarten Readiness Assessment (KRA).
Second Hearing
At the second hearing on November 8, several superintendents and other supporters of the bill provided testimony that the proposed changes will remove “unnecessary burdens” that draw attention away from teaching and learning. School leaders and teachers argued that they can more effectively educate students without the overwhelming number of regulations that dictate how schools should be run. Specific provisions supported:
- College Credit Plus – specifically, the cost of textbooks
- Teacher licensure – narrow grade bands make it difficult to fill substitute and regular positions
- Testing changes
Third Hearing
The third hearing, on December 6, was for opponent and interested party testimony. At this hearing, State Superintendent Paolo DeMaria called the bill “a step backward” and “a reactive approach.” He testified as an interested party, noting that he had considered each provision of the bill and whether it would benefit students. He opposed many of the changes in the bill, including the following:
- Eliminating the KRA
- College Credit Plus and requiring ODE to study the effectiveness of CCP
- Changes to substitute teacher licensure
- Eliminating number of excused absences from “excessive absences”
- Eliminating the student growth measure from OTES
- Changes to grade bands for licensure
In all, 13 individuals provided testimony at the third hearing, mainly in opposition to removing the KRA and the licensure grade band changes. Several others were prepared to provide testimony, but because of the length of the meeting, they were asked to come back for the fourth hearing.
Overview of SB 216
For an overview of SB 216, introduced on October 10 by Ohio Sen. Matt Huffman, refer to our previous blog post, Unboxing the Education Deregulation Bill: What’s Inside SB 216.
by Bronston McCord | Dec 6, 2017 | General
We are very pleased to announce that four Ennis Britton attorneys have been selected as 2018 Ohio Rising Stars! No more than 2.5 percent of attorneys in Ohio receive this award, which is given for demonstrating excellence in the practice of law. Congratulations to these Ennis Britton attorneys!
Super Lawyers is a national rating service that publishes a list of attorneys from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
To qualify as a Rising Star, an attorney must score in the top 93rd percentile during a multiphase selection process that includes peer review and independent evaluations. A Super Lawyers rating is considered a very prestigious designation in the legal field, and we commend Pamela, Gary, Erin, and Megan for their continued achievement!
Pamela Leist is an attorney who has been with Ennis Britton since 2005, when she began serving as a law clerk while attending law school. As a member of Ennis Britton’s Special Education Team and Workers’ Compensation Team, she represents school districts across Ohio on a number of issues including special education, student discipline, labor and employment matters, and more. She also serves as the firm’s marketing coordinator. Pam is a frequent presenter on many education-related topics.
Gary Stedronsky is a shareholder who has been with Ennis Britton since 2003. He started as a law clerk while attending law school. As a member of Ennis Britton’s Construction and Real Estate Team and School Finance Team, he provides counsel to school districts throughout Ohio on matters related to property issues, public finance, tax incentives, and more. He is a published author and frequent presenter on many education-related topics. This is Gary’s fifth year in a row to receive this prestigious award.
Erin Wessendorf-Wortman is an Ennis Britton attorney. As a member of Ennis Britton’s Workers’ Compensation Team and Special Education Team, Erin represents school districts across Ohio on a variety of matters including labor and employment issues, civil rights, special education, public records, and more. She is a published author and frequent presenter on many education-related topics. This is Erin’s second year in a row as a Rising Star.
Megan Bair Zidian is an Ennis Britton attorney who advises school districts on a variety of education law matters. As a member of Ennis Britton’s Special Education Team and School Finance Team, Megan represents boards of education on collective bargaining, student discipline, board policy, and much more. She is a frequent speaker at school conferences and in-service trainings for staff and administrators. This is Megan’s second year in a row to receive the Rising Star award.
Visit the Super Lawyers website to learn more.
by Bronston McCord | Jun 22, 2017 | Labor and Employment
In an arbitration decision published June 12, a grievance calling for a school district’s employment benefits to continue past the effective date of a teacher’s resignation was denied. After three teachers retired, their health insurance benefits ceased, but the teachers’ association demanded that the school district continue to provide and pay for these benefits up to the end of the school year, defined by the contract as August 31.
The basic facts of this grievance were undisputed. Both the school district and the teachers’ association agreed that the collective bargaining agreement (CBA) contained the agreed terms regarding employment benefits. These terms noted that all full-time employees are eligible to participate in the district’s insurance plan on a “yearly basis.”
Three employees who had participated in the insurance plan submitted their resignation to be effective on the last working day of the school year. Because they had fulfilled their contractual obligation to work the required number of days, they continued to receive payment for the school year through August. However, their health and other fringe benefits ceased as of the effective date of their resignation or the last day of the month of their resignation, in accordance with the CBA.
The teachers’ association filed a grievance arguing that the fringe benefits should continue through the entire school year, as defined by the CBA to end on August 31, as the employees had received their paychecks through that period.
The district argued that its past practice had always been to terminate employment benefits as of the effective date of resignation and was able to show that it had consistently held to that practice. Furthermore, employees who were contemplating retirement were routinely advised of severance matters by the district treasurer, including notification that health, dental, vision, and/or life insurance generally would end as of the effective date of resignation.
Interestingly, the previous teachers’ association president, who had more than two decades of leadership in the association, provided testimony that when an employee resigns or retires, the employee severs the employment relationship, and the fringe benefits and other contractual entitlements cease as of the date of resignation or at the end of the month. Additionally, she had encouraged the association to bargain for fringe benefits to continue through the end of the school year but was unsuccessful in bargaining for this very provision.
The arbitrator agreed with the Board of Education and held that an employee ceases to be an employee as of the effective date of resignation and as such ceases to be a member of the bargaining unit covered by the CBA. The arbitrator went so far as to declare that the association is “estopped from taking a contrary position through this Grievance since it has been long-standing and it has been aware of the District’s practice.” The association, the arbitrator held, must bargain for this provision in the contract if it is so desired.
by Bronston McCord | Nov 1, 2016 | General, Student Education and Discipline
Beginning with the class of 2018, Ohio’s graduation requirements will change. In addition to the state’s academic curriculum requirements, which have not changed, students must fulfill an additional requirement to earn their high school diploma. Students have three options to choose from to fulfill this additional requirement. (Note: The Ohio Graduation Tests are still in use for the class of 2017; however, these students may use the new end-of-course tests to satisfy the testing requirement.)
- Ohio’s State Tests: Meet the minimum number of points on end-of-course tests
Under this option, students must accumulate at least 18 total points on the seven state tests, with a minimum number of points in each of the three subject areas. The points given for each test range from 1 (limited performance level) to 5 (advanced performance level).
|
Subject Area
|
Courses Tested
|
Number of Tests
|
Minimum Points Required
|
Points Possible
|
| English |
English I |
2 |
4 |
10 |
| English II |
| Math |
Algebra I or
Intermediate Math I |
2 |
4 |
10 |
Geometry or
Intermediate Math II |
| Science and Social Studies |
Biology (or Physical Science – 2018 only) |
3 |
6 |
15 |
| American History |
| American Government |
| Additional points required from any of the above tests |
4 |
|
| Total Points |
18 |
35 |
This option gives students flexibility in which subject areas to earn points – as long as the minimum number of points is met in each subject area. Thus, a high score in one subject area can help to offset a lower score in another subject area.
Retakes: Students may retake any test anytime during the student’s academic career within the testing window offered by ODE.
Alternatives for Science and Social Studies tests: Instead of taking the state’s end-of-course tests in Science and Social Studies, the following alternative options are available:
- Advanced Placement or International Baccalaureate courses: The tests offered in these courses will substitute for the end-of-course tests.
- College Credit Plus courses: The grade earned in the college course will determine the number of points credited to the test.
- College Readiness Tests: Meet the minimum scores on the ACT or SAT test
Under this option, students may meet or exceed the minimum score requirements on the ACT or SAT tests. (Note: These minimum scores are known as “remediation-free” scores, which are set by Ohio’s college and university presidents; therefore, they are subject to change.)
|
ACT
|
SAT
|
| Subject Area |
Minimum Score |
Subject Area |
Minimum Score |
| English |
18 |
Writing |
430 |
| Math |
22 |
Math |
520 |
| Reading |
22 |
Reading |
450 |
- Industry Credential and Work Readiness: Earn an industry credential and meet the minimum score on the WorkKeys test
Under the credential option, students graduate high school ready to enter the workforce with a job skill that Ohio employers need right now. Students must earn a minimum of 12 points from an approved, industry-recognized credential or group of credentials in a single career field, and then score 13 or greater on a job-skills test, WorkKeys, which shows their work-readiness in that job.
Students can choose from 13 career fields:
- Agriculture
- Arts and Communications
- Business and Finance
- Construction
- Education and Training
- Engineering
- Health
- Hospitality and Tourism
- Human Services
- Information Technology
- Law and Public Safety
- Manufacturing
- Transportation
|
WorkKeys Test
|
| Subject Area |
Minimum Points Required |
| Reading |
3 |
| Applied Mathematics |
3 |
| Locating Information |
3 |
| Additional points required from any of the above areas |
1 (class of 2018 and 2019) |
| 2 (beginning class of 2020) |
| Total Points |
13 (2018/2019) |
| 14 (2020) |
