by Pamela Leist | Mar 31, 2014 | Board Policy & Representation, Labor and Employment, Legislation
The Ohio House Education Committee has unveiled sweeping changes to Substitute Senate Bill 229 with regard to teacher and principal evaluations. The original version of SB 229, which passed the Senate unanimously on December 4th, 2013, modified frequency and composition of teacher evaluations and reduced some of the burden on school administrators. The new version of the Bill proposed by the House Education Committee, however, would modify both the OTES and OPES evaluation systems in ways that would undoubtedly place additional strain on the relatively untested evaluation systems. The proposed changes include the following:
- Bumps student growth measures back up to 50% from the 35% proposed by the Senate, unless a district elects to use an alternative “student survey” framework (available for grades 4-12), in which case the final rating would be comprised of 40% SGM, 40% teacher performance rating, and 20% student survey results;
- Requires that an evaluator use an average score if a teacher receives different scores on the observations and review components of the evaluations;
- Increases SGM from three to five total possible ratings: “Most Effective”, “Above Average”, “Average”, “Below Average”, and “Least Effective”;
- Adds new performance level rating of “Effective” that will exist in the realm between “Skilled” and “Developing”;
- Requires that at least one formal observation of a teacher be unannounced;
- Beginning in 2015, allows districts to evaluate “Accomplished” and “Skilled” teachers every other year, but only if the teacher’s SGM score is rated “Average” or higher (teachers must still receive one observation and a conference in the “off” year);
- District can elect not to evaluate 1) a teacher who is on leave for 70% or more of the year, and 2)a teacher who submitted notice of retirement before Dec. 1st;
- Teachers rated “Effective” “Developing” or “Ineffective” must be placed on an improvement plan;
- In 2015 and beyond, districts cannot assign students to a teacher who has been rated ineffective for two or more years (but does not specify what a district should do with these teachers!);
- A district is also prohibited from assigning a student teacher to a teacher who is “Developing” or “Ineffective” during the previous year;
- If a teacher with at least ten years of experience receives a designation of either “Least Effective” or “Below Average” on his/her SGM rating, that teacher may be rated “Developing” only once;
- Mandates that results of an evaluation must follow the teacher even if he/she is transferred to a new building or takes employment elsewhere;
- Requires ODE to develop a standardized framework for assessing SGM for all non-value added grade levels and subjects by 2016;
- By 2016, districts must administer assessments to students in each of grades K-12 for English Language Arts, Mathematics, Social Studies, and Science. Assessments must be selected by ODE and based on value-added progress dimension or vendor-developed student growth measures (may include assessments already required by law);
- Beginning next July, evaluators must verify completion of at least one evaluation training course outlined in the bill;
- After July 1, 2015, the State Board must ensure individuals seeking licensure as superintendent, assistant superintendent, principal, vocational director, administrative specialist, or supervisor have completed a teacher evaluator training;
- The revised bill mandates that the State Board of Education must develop a standards based system for principals and assistant principals, which districts must conform to;
- Third grade reading guarantee assessments must either be value-added or vendor-approved assessments;
- ODE must provide detailed report of school performance on evaluations to general assembly, and must accept comments for improvement from districts that it passes on to general assembly;
- Exempts from collective bargaining all amendments made by the bill to 3319.111, 3319.112, 3319.113, 3319.114, 3319.115, and 3319.117;
- Permits a district to enter into a MOU with union that stipulates value-added progress demission rating issued for 2014-2015 will not be used when making decisions regarding dismissal, retention, tenure or compensation.
The substitute bill currently awaits approval in the House Education Committee before it will be sent to the full House for a vote. The bill will also need to be voted on again by the Senate before it proceeds to the governor for final signature. We will keep you posted on the progress of the bill, and also encourage clients to voice opposition to the drastic changes listed in the bill. To review the Legislative Service Commission’s comparison synopsis, click here.
by Pamela Leist | Feb 10, 2014 | General, Legislation
The Ohio House of Representatives and Ohio Senate are both considering bills to ease the burden on Ohio school districts that have taken an unusual number of calamity days this school year due to harsh winter conditions.
One of the pending bills, House Bill 416, was proposed on January 28th. It would grant four additional calamity days to schools for the 2013-2014 school year. Districts would therefore be excused for a total of nine calamity days. HB 416 passed the House Education Committee on January 30th, and currently awaits a vote in the full House before it heads to the Senate floor.
Senate Bill 269 was also proposed on January 28th. The senate bill would likewise grant districts three additional calamity days, for a total of eight excused days. The bill currently remains in the Senate Education Committee. Governor Kasich has encouraged the Senate and House to pass legislation to extend calamity days for this school year, and is expected to sign whichever bill is voted through the legislature.
In addition to possible extension of calamity days under HB 416 and SB 269, Senator Randy Gardner recently introduced Senate Bill 273 on February 6th. If passed, the bill would excuse graduating seniors from any calamity make-up days that a district would schedule to take place after graduation. Seniors would still be required to make up days that occur prior to graduation, however.
All the proposed bills are considered emergency measures, and will take effect immediately if passed by the legislature and signed by the Governor.
UPDATE: On February 19th, 2014 the Ohio House passed a revised version of HB 416. If the bill passes in the Senate and is signed by the governor, it would grant schools two additional calamity days for this school year. In addition, the bill would permit schools to schedule two additional staff in-service days for both teachers and nonteaching employees. Finally, HB 416 would re-codify a school district’s ability to make up missed time by increasing the length of one or more school days by half hour increments. Districts used to have the authority to make up time under certain circumstances by extending the school day pursuant to ORC 3313.482, but that statute was repealed effective September 29th, 2013 along with the requirement that schools adopt a yearly contingency plan.
A new bill was also introduced in the Senate on February 19th that would grant additional calamity waivers under certain conditions. Specifically SB 284 provides four additional calamity days to schools, but only after each district satisfies both of the following:
- The reason the school was not open for the required number of days was, pursuant to ORC 3317.01 (version in effect prior to July 1, 2014), due to “disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school’s operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use”; and
- The district has first completed make-up days or hours specified in the district’s contingency plan.
Under prior law, a district’s contingency plan accounted for make-up of at least five additional calamity days. Boards were required to approve this year’s contingency plan before the statute was repealed. Because of the inconsistency with current law, SB 284 also includes a provision that recognizes a board’s authority to modify the district contingency plan. In addition, SB 284 again grants schools the authority to make up days by half hour increments. Finally, the bill would excuse graduating seniors from make-up days scheduled to take place after graduation.
by Pamela Leist | Jan 28, 2014 | General
The Ohio Department of Education recently announced that it will temporarily lift the August 1st deadline for submission of online calamity day make-up plans to assist school districts that have experienced a high number of weather-related closings this school year.
Online make-up plans, commonly referred to as “blizzard bag” plans, allow schools to make up as many as three days during a school year in which a school or district exceeds the five permissible calamity day closings granted under law. Ohio law, specifically ORC §3313.88, requires a board to submit an online make-up plan to ODE by August 1st each school year. Districts must also include a copy of the board resolution and written consent from the teacher’s union at the time of submission. For this year only, ODE has temporarily waived the deadline requirement.
A district online make-up plan must include several key provisions. Pursuant to ORC 3313.88, each teacher must develop a sufficient number of lessons for each course taught by that teacher in the school year to equal or exceed the amount of instruction a student would otherwise receive over three regular days in the teacher’s class. Under normal circumstances, Ohio law requires that teachers complete the lessons by November 1st.
In addition, teachers must specify the order in which the lessons will be posted on the district’s website. Teachers are also responsible for updating or replacing lessons as necessary throughout the school year based on the instructional needs and progress of the students in each class. Districts have the option to grant teachers one professional development day after the district certifies that the teacher has completed and submitted lessons equal to the specified amount of instructional time included in the plan.
The district employees who are responsible for posting material on a district or school website must make the lessons available online to students as soon as is practicable after a school closure which will be made up pursuant to the plan. A lesson must be posted for each course that was scheduled to meet on the day that school is closed.
Students enrolled in a particular course or class for which a lesson is posted online will have two weeks from the date of posting to complete and turn in the lesson. A student who does not complete the lesson within this timeframe will receive an incomplete or failing grade unless the student has a sufficient reason for late submission as determined by the classroom teacher. The student’s classroom teacher will be responsible for grading all online lessons.
In order to accommodate students who may not have access to a computer, the law requires that a district choose between one of two options. Under the first option, districts must permit students who do not have access to a computer to complete the posted lessons at school when the school reopens. The district shall provide access to district computers before, during and/or after the school day for completion of assignments provided the equipment is available and accessible during those times, or alternatively may provide a paper assignment that is substantially equivalent. Students who utilize this option will be required to complete and submit all lessons within two weeks after the school reopens.
As a second option, districts may elect to distribute “blizzard bags”, which are paper copies of each lesson posted online. Teachers are required to prepare paper copies of all online lessons, and also to update the paper copies whenever the teacher updates an online lesson. A district must specify how blizzard bags will be distributed in the district’s plan.
Districts that have chosen to take advantage of ODE’s offer to approve and submit plans for this school year should keep several things in mind. First, ODE will not permit districts to make up days that have already been taken. Rather, districts may only utilize the online-makeup option for calamity days that occur after the district submits its plan. Second, a district should consult with legal counsel to discuss how use of blizzard bags may impact students who receive special services under an IEP pursuant to state and federal law.
Finally, districts that wish to approve online make-up plans for next school year will need to adjust the plans to accommodate Ohio’s new minimum hour requirement. When the Ohio legislature passed HB 59, it elected to eliminate the five calamity days currently available to schools and also switch from a minimum day to minimum hour requirement. Beginning in 2014-2015, districts may still close buildings during emergency conditions, but must ensure that schools provide at least the minimum hours of instruction during the school year mandated by law. Online class make-up of up to three days will still be available to districts that fall below the minimum hour requirement, provided that districts submit plans by August 1st each year.
For additional details about online make-up plans and submission, you are encouraged to contact your district’s legal counsel or the Ohio Department of Education.
UPDATE: The Ohio Department of Education has agreed to permit schools to apply online class plans retroactively for calamity days that have already been taken and which exceed the five days permitted by law. However, districts may not post lessons or distribute blizzard bags to make up any missed days until they receive a written notice of approval from ODE.
Legal Citations: ORC §3313.88 (renumbered effective July 1, 2014 as ORC §3313.482), ORC §3313.48, ORC §3313.481, and ORC §3317.01.
by Pamela Leist | Dec 12, 2013 | General, Labor and Employment
On November 19, 2013, the Ohio Supreme Court concluded that, pursuant to R.C. 3319.16, acts of insubordination constitute “good and just cause” to terminate a teacher’s contract as long as the underlying rules or directives violated were themselves reasonable and valid. John Freshwater was an eighth grade science teacher at the Mount Vernon City School District. As early as 1994, Freshwater began to interject religious principles into his classroom instruction. Specifically, he supplemented school curriculum with religious handouts, showed videos on creationism and intelligent design, displayed religious materials in the classroom, made statements about the Bible, and awarded extra credit to students who attended religiously-based seminars that were critical of evolution. Although district administration occasionally directed Freshwater not to incorporate religious materials or teachings into his instruction, he generally received positive evaluations during the twenty-one years he taught in the district. His students also usually received the highest scores on state achievement tests.
In 2003, the Board of Education rejected Freshwater’s proposal to amend the district’s science curriculum by incorporating material that criticized the theory of evolution. However, Freshwater ignored the Board’s decision and continued to teach certain topics in accordance with his religious beliefs. A few years later, the district’s superintendent issued a written directive to Freshwater that he must delete all supplemental materials which were not scientifically accepted. Again, Freshwater chose not to comply with the directive.
Matters came to a head in the fall of 2007, when parents complained Freshwater used an electrical instrument to burn what appeared to be the sign of the cross into their son’s arm. Freshwater confirmed he used the instrument to mark the student, but denied the mark was intended to be a cross. The district responded by sending Freshwater a letter stating he could not use classroom instruments to shock students.
The following spring, Freshwater met with the school principal again to discuss issues related to his religious instruction. At the conclusion of the meeting, he received written orders in clear and unequivocal terms that he could not display religious materials in the classroom. Freshwater was specifically directed to remove the Bible displayed on his desk and a poster of the Ten Commandments that hung on his door. The written notice also stated “[u]nless a particular discussion about religion or religious decorations or symbols is part of a Board-approved curriculum, you may not engage in religious discussions with students while at school or keep religious materials displayed in the classroom.”
Freshwater refused to comply with the order despite several follow-up requests. Meanwhile, the parents of the student who was shocked in class sent a demand letter and filed suit against the district. In response, the district hired an outside investigator to observe Freshwater’s classes. The investigator reported that Freshwater taught creationism and intelligent design in class, discussed various other religious subjects, distributed religious materials, and made statements such as “science is wrong because the Bible states that homosexuality is a sin.” The investigator also discovered that Freshwater gave extra credit to students who viewed a movie on intelligent design.
Eventually by the end of the 2007-2008 school year, the Board decided to terminate Freshwater’s teaching contract pursuant to ORC 3319.16. At the public hearing, a referee addressed four specific grounds for termination set forth in the board’s resolution: (1) the burn incident, (2) Freshwater’s failure to adhere to curriculum, (3) Freshwater’s role in the Fellowship of Christian Athletes organization, and (4) his disobedience of orders. The referee concluded that claims (2) and (4) constituted just cause for termination.
Freshwater appealed the decision to court. Both the Court of Common Pleas and the Court of Appeals for Knox County upheld termination, and the Ohio Supreme Court granted review of the matter. The Court’s decision in the case was limited to whether the district met the just cause standard mandated by R.C. 3319.16. The Court provided only a cursory review of constitutional issues regarding Freedom of Religion and the Establishment Clause. Therefore, the Court did not provide any substantial guidance to school boards or teachers as to the constitutionality of teaching or displaying religious materials in a public school setting.
The Supreme Court ultimately held that in this case, Freshwater’s repeated acts of insubordination alone constituted “good and just cause.” The Court focused on Freshwater’s persistent disobedience and refusal to comply with administrative directives, and specifically on his refusal to remove religiously-oriented materials from class. According to the Court, “good and just cause” under ORC 3319.16 includes insubordination, which is defined as a willful disobedience of, or refusal to obey, a reasonable and valid rule, regulation, or order issued by a school board or by an administrative superior. The letter from Freshwater’s principal made clear that he could not “engage in any activity that promotes or denigrates a particular religion or religious beliefs while on board property, during any school activity” or while teaching, as mandated by Board policy and the law. The Court concluded that the district’s orders were both reasonable and valid, and further that Freshwater willfully refused to comply with the directives. The Court summarized their findings by stating that “Freshwater [was] fully entitled to an ardent faith in Jesus Christ and to interpret Biblical passages according to his faith, but he was not entitled to ignore direct, lawful edicts of his superior while in the workplace.”
The Supreme Court’s decision confirmed that insubordination alone may constitute just cause as long as the rule or directive is reasonable, and the employee willfully or intentionally refused to comply. However, it is important to note that the standard for just cause itself has not been lessened by the Court’s decision, and districts should be cautious to interpret the case otherwise.
Further, even though the Ohio Supreme Court did not address whether Freshwater’s actions violated the Establishment Clause of the U.S. Constitution to any great degree, school districts should be ever mindful of possible Establishment Clause infringements. The U.S. Supreme Court has interpreted the Establishment Clause to strictly forbid any law or act undertaken by a public entity that furthers religion, or attempts to disapprove of a particular religion or religion in general. The U.S. Supreme Court and lower courts repeatedly emphasize that a public entity must remain neutral on the subject of religion.
In this case, the extent to which Freshwater incorporated religious beliefs and displays into his classroom and instruction very likely constituted an Establishment Clause violation. Because of the many legal implications of such violations, we highly recommend that you contact legal counsel for advice on any issue that involves religion in schools.
Freshwater v. Mt. Vernon City School Dist. Bd. Of Edn., 2013-Ohio-5000 (November 19,2013).
by Pamela Leist | Oct 2, 2013 | School Finance
On June 30th of this year, Ohio’s governor signed House Bill 59. Many of the non-financial provisions of HB 59 became effective on September 29th, which effectively signaled the beginning of major changes to how public schools operate in the state. A few of the more significant legislative mandates include expanded participation for extracurricular activities, changes to terms and eligibility for joint vocational school district board of education members, new reporting requirements for schools, and modification to the definition of minimum school year.
Chief amongst the changes that took effect this week include two new statues that expand student participation in extracurricular activities for home school and nonpublic school students. Pursuant to the new laws, a district of residence must now allow home school students to participate in extracurricular activities as long as the student 1) meets age and grade requirements as determined by the superintendent, 2) is able to comply with all nonacademic and financial requirements, and 3) can establish academic eligibility which is specifically delineated in the statute. A related law provides similar participation rights to nonpublic school students as well, with the addition that a student’s nonpublic school cannot offer the same activity. School districts will have the discretion to allow home school or nonpublic school students who do not reside in a district’s boundaries to participate as well, although that participation is subject to several additional restrictions. Both statutes prohibit school districts or any oversight organizations such as OHSAA from placing more stringent participation requirements on home school and nonpublic school students than are specified by law.
Significant changes were also made to JVSD board membership terms and eligibility. After the effective date of the bill, new members will serve a term of three years for up to two consecutive terms. Terms are considered consecutive unless separated by three or more years. Current members of a JVSD board may serve until the expiration of their current terms, after which future members will be appointed pursuant to the new rules. In addition, not less than three-fifths (3/5) of the members of the board shall reside in or be employed within the territory of the JVSD. The manner of appointment and total number of members appointed to a JVSD Board will be based on the terms of the most recent plan for the JVSD on file with ODE.
Board membership selection shall be based on diversity of employers from the geographical region of the state in which the territory of the JVSD is located. All members of the JVSD board must have experience as one of the following: a chief financial officer, a chief executive officer, a human resource manager, or another business, industry, or career counseling professional qualified to discuss the labor needs in respect to the regional economy. The appointing board must appoint individuals who represent employers in the region served by the JVSD who are qualified to consider the state’s workforce needs with an understanding of the skills, training, and education needed for current and future employment opportunities in the state. The appointing board may give preference to individuals who have served as members on a joint vocational school business advisory committee who also meet the qualifications listed above.
Drafters of the Budget Bill placed renewed focus on accountability as well. Financial reports are now required at both the district and building level (not either/or), and districts must now report information on total revenue and expenditures, per pupil revenue, and expenditures for both classroom and nonclassroom purposes both in aggregate and by targeted subgroups.
Targeted subgroups delineated by HB 59 include the following: students with disabilities, economically disadvantaged students, limited English proficient students, and gifted students. If a district does not meet ODE’s requirement of satisfactory achievement and progress for a subgroup, the district must submit an improvement plan to ODE, and ODE is permitted to require that the plan include partnering with another entity for services to that subgroup. The State Board of Education must establish measures of satisfactory achievement and progress no later than December 31, 2014. ODE must use the measures established by the State Board to determine if a district or school has made satisfactory achievement and progress for certain subgroups by September 1, 2015, and annually thereafter. ODE is also required to publish a list of schools, districts, and providers that have demonstrated an ability to serve each subgroup of students.
Finally, effective beginning in the 2014-2015 school year, calculation of the minimum school year will change from “days” to “hours.” At a minimum, schools must provide 455 hours of instruction for half day kindergarten, 910 hours of instruction for all day kindergarten, as well as for grades first through sixth, and 1,001 hours of instruction for seventh through twelfth grades. “Hours of operation” include time spent during scheduled classes, supervised activities, and approved education options, but exclude lunch and breakfast periods as well as extracurriculars. Hours may also include one or more of the following: 1) equivalent of two days per year for parent-teacher conferences; 2) equivalent of two days per year for professional development of teachers; and 3) morning and afternoon recess for grades K-6 not to exceed fifteen minutes in duration per period. In conjunction with changes to minimum school year, schools will no longer receive an allotted number of calamity days, and can no longer include late arrival or early release time towards the minimum hour count.
With regard to school calendars, a board must hold a public hearing no later than thirty (30) days prior to adoption of a calendar to address at a minimum the following: the total number of hours in the school year, the length of the school day, and the beginning and end dates of instruction. In addition, the board must formally adopt a resolution before it can reduce the number of hours of operation in any school year from that which was offered the previous school year. Further, the board cannot reduce the hours below statutory minimums. The board must also consider the compatibility of any change to hours with the needs of any joint vocational school district that serves the district’s high school students, as well as any community school to which the board is required to provide transportation. Finally, the board must consult with any chartered nonpublic school for which the board provides transportation as well.
To review the budget bill in its entirety, please click here. We encourage you to contact your district’s legal team if you have questions about how any provisions of the budget bill will impact you.
