Bill would address concerns about weighted grades, College Credit Plus

college-credit-plusParents and students around Ohio are complaining about what they see as an inequity involving college credit plus (CCP) courses. In February, a group of high school students testified in front of the General Assembly that they believed the CCP rule that treats all college courses as being comparable to AP courses is unfair, because it can lead to relatively easy college courses being weighted the same as AP, International Baccalaureate (IB) or honors classes for GPA purposes. For instance, a student could take an entry-level CCP science course and receive the same weighted GPA as a high school AP Physics class.

Recently, ODE held a webinar reminding districts that they must follow the law as described above; i.e. that all college courses must be comparable to AP courses- and not penalize a student for taking CCP courses. ODE claimed that CCP parents and students feel “discriminated against” because they are potentially losing out on scholarships if the classes they take are not weighted the same as AP, IB, or honors courses.

Representatives Mike Dovilla and Marlene Anielski recently sponsored House Bill 445, which proposes to correct the perceived inequities. The bill would require school districts to award weighted credit for CCP courses that the district determines are comparable to AP, IB or honors classes. This would help eliminate concerns that students are “padding” their GPA by taking entry-level CCP courses.

The bill addresses a concern about the difference between the number of hours spent in a college course as opposed to a high school course. For instance, a student taking a college course spends about 45 hours in the classroom compared to 120 hours in an AP high school class. The bill states that one high school credit is equal to four credit hours of a college course, or the equivalent if the college operates on a quarter schedule.  Students attending public, non-public, community, STEM, and home instruction also would be permitted to participate in extracurricular activities while participating in CCP.

Taking a course on a college campus would be prohibited if a comparable class is being delivered through the CCP program in the school district. Clarification that textbooks and materials purchased for CCP belong to the entity that paid for them is part of the legislation. The bill currently is in the House Education Committee and has had its first hearing before the committee. We will continue to update clients as it moves through the legislative process. A link to the bill is available here: HB 445

State Board Adopts Guidance Counselor Standards

House Bill 64 directed the State Board of Education to develop standards for the evaluation of school guidance counselors. Just last week, the Ohio Standards for School Counselors were approved by the State Board. The standards-based framework for counselor evaluations must still be developed by the State Board of Education by May 31, 2016.By September 30, 2016, each school district board of education must adopt a school counselor evaluation policy in accordance with the framework and state law. The policy must reflect the implementation of the framework beginning with the 2016-2017 school year, and procedures for using the evaluation results beginning with the 2017-2018 school year.This will be an important subject for collective bargaining with teachers unions for the ensuing contract year.

Section 3319.61 of the Ohio Revised Code sets forth the requirements for the standards.The standards as approved by the State Board of Education and released last week outline the roles and responsibilities of school counselors, in general, and there are a total of six (6) standards upon which guidance counselors are to be evaluated. Those standardsare: comprehensive school counseling program plan; direct services for academic, career and social/emotional development; indirect services including partnerships and referrals; evaluation and data; leadership and advocacy; and professional responsibility, knowledge and growth.

Each standard as adopted contains the overarching goal and theme that provides a framework for effective practices, a narrative summary, and elements that define the various skills and characteristics that demonstrate effectiveness within the standard.  Each element has an indicator which is an observable or measurable statement that provides evidence of the standard and the elements in action.

Click here for Ohio Standards for School Counselors

HB 64 Budget Bill Items Now in Effect

As with most other provisions of the budget bill (Am. Sub. HB 64) some significant provisions impacting Ohio school districts go into effect on September 29, 2015, including the following:

  • The maximum amount of a scholarship awarded under the Autism or Jon Peterson scholarship programs increases to $27,000 (up from $20,000).
  • School districts must offer real property it intends to sell first to a “high performing community school,” then to other community and college preparatory boarding schools located in the district.
  • ODE, in conjunction with an Ohio educational service center association and an Ohio gifted children’s association, must complete and submit a feasibility study for establishment of sixteen regional community schools for gifted children.
  • The State Board must develop rules waiving any additional coursework requirements for renewal of an educator license for teachers who are consistently high performing.
  • The duration of a pupil activity permit for individuals holding a valid educator license is changed from three (3) years to the same number of years as the educator license.
  • The State Board of Education will develop a standards based framework for the evaluation of school counselors. Furthermore, all school districts must adopt a counselor evaluation policy by September 30, 2016, that conforms to the framework and will be implemented beginning in the 2016-2017 school year (will include annual evaluations with ratings of accomplished, skilled, developing, and ineffective just like OTES).
  • The alternative teacher evaluation framework is revised to decrease SGM to 35%, maintain the performance rating at 50%, and authorize school districts to determine the appropriate measure or combination of measures for the remaining 15%.
  • Exemplary community schools may now operate a preschool program for general education students.
  • School districts may enroll under interdistrict open enrollment policies an adjacent or other district student who is a preschool child with a disability. ODE will deduct $4,000 from the resident district and pay that same amount to the enrolling district.
  • School districts cannot appropriate monies to purchase an assessment developed by PARCC for use as the state elementary or secondary achievement assessments. Additionally testing for the 2015-2016 school year is reduced.
  • Safe harbor provisions in effect during the 2014-2015 school year for state report cards are extended by two years.
  • School districts may now enter into a contract with a health care provider for the provision of health care services for students.
  • The new requirements for issuance of diplomas to home school students and students from non-chartered nonpublic schools are now in effect.
    STEM schools can now enroll out-of-state students.
  • Schools may install security doors or barricades as part of an emergency management plan.
  • The filing date for financial disclosure statements with the Ohio Ethics Commission is May 15 (instead of April 15).

2014 Mid-Biennium Education Bill Signed into Law

House Bill 487, the mid-biennium education bill, reviewed in last month’s ERF School Law Review newsletter, was signed into law on June 16, 2014.  Except as indicated otherwise in the statute, HB 487 becomes effective September 15, 2014.  Some of the upcoming changes in the law include the following:

  • College and Work-Ready Assessment System-
    • For students entering the 9th grade on or after July 1, 2014, the OGT requirement will be replaced by the College and Work-Ready Assessments System, which is comprised of two assessments:
      • (1) Nationally standardized assessment measuring college and career readiness and
      • (2) End-of-Course Exams.
  • High School Graduation Requirements-
    • For students entering the 9th grade on or after July 1, 2014, the OGT is no longer a requirement for graduation.
    • Instead, students must meet one of the following options:
      • (1) Score at “remediation-free” levels in English, math, and reading on the nationally standardized assessment;
      • (2) Obtain a minimum cumulative performance score on end-of-course exams; or
      • (3) Obtain a passing score on a nationally recognized job skills assessment andobtain either an industry-recognized credential or a state agency- or board-issued license for practice in a specific vocation.
  • Statewide Curriculum Requirements-
    • Extends exemption from the Ohio core curriculum requirements for graduation (now referred to solely as “requirements for graduation”) until July 1, 2016
    • For students entering 9th grade for the first time on or after July 1, 2014 (Class of 2018), in addition to the current requirements, the following changes must be satisfied for the exemption to apply:
      • The student has a Student Success Plan (previously called “individual career plan”) and
      • The student meets the other graduation requirements, including the following curricular changes:
        • 4 units of math (instead of 3 under current law),
          • One must be probability and statistics, computer programming, applied mathematics, quantitative reasoning, or any other course approved by ODE before October 1, 2014;
          • 5 elective units (instead of 6 under current law); and
          • 3 units of science which are inquiry-based laboratory experience that engage students in asking valid scientific questions and gathering and analyzing information.
  • Third-Grade Reading Guarantee-
    • Allows school districts to submit an alternative staffing plan for the 2014-2015 or 2015-2016 school years if the school district is unable to provide the number of teachers who meet the criteria needed to teach 3rd grade students below grade level.
    • Establishes the English-language arts assessment to be administered to 3rd graders during the 2014-2015 school year:
      • Fall- Same assessment administered during the 2013-2014 school year;
      • Spring-
        • For students who failed to obtain the minimum score on the assessment and would be subject to retention—same assessment administered during the 2013-2014 school year; and
        • For students who have obtained the needed minimum score and would not be subject to retention—the PARCC assessment.
  • Online Administration of Assessments-
    • For the 2014-2015 school year, school districts are not required to administer assessments through an online format.
    • School districts have the option to administer the assessments in any combination of online and paper format.
  • Safe Harbor for the 2014-2015 School Year-
    • School districts may enter into an MOU with the teachers’ union stating that the value-added progress dimension score from the 2014-2015 school year will not be used to make decisions about teacher dismissal, retention, tenure, or compensation.
    • Prohibits various penalties and sanctions due to a school district’s report card rating.
    • Prohibits from assigning an overall letter grade to schools and school districts.
  • Emergency Management Plan-
    • Changes the name of School Safety Plan to Emergency Management Plan.
    • Requires the administrator of a school district to develop and adopt a comprehensive Emergency Management Plan including a floor plan, site plan, and emergency contact information, as well as protocols for threats and emergency events.
      • “Administrator” means superintendent, principal, chief administrative officer, or other person having supervisory authority over the school district.
    • Requires the administrator to review and certify the accuracy of the plan to ODE by July 1st of each year.
    • In addition to current requirements, the plan must be updated whenever the emergency contact information changes.
    • Requires the administrator to schedule an annual emergency management test.
      • “Emergency management test” means a regularly scheduled drill, exercise, or activity designed to assess and evaluate the Emergency Management Plan.
    • The State Board must adopt standardized rules and standardized forms for Emergency Management Plans.
    • Because it is unlikely that the State Board will have adopted rules and standardized forms prior to the effective date of September 15, 2014, the expectations for the 2014-2015 school year are unclear at this time.
  • Career-Technical Education-
    • Expands requirement to provide career-technical education to students in grades 7-12.
    • If a Board of Education decides not to provide career-technical education for students enrolled in grades 7-8 in a particular school year, the Board must adopt a resolution and submit it to ODE by September 30th of that school year.

Ohio House Proposes Many Changes to Evaluation Procedures under Substitute S.B. 229

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.

Ohio Legislature Considers Flurry of Bills in an Attempt to Ease Burden of Harsh Winter on Schools

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:

  1.  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
  2. 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.