by Jeremy Neff | Jun 27, 2016 | Legislation, Student Education and Discipline
Efforts to reform truancy policy in Ohio have resulted in House Bill 410, which would eliminate suspension or expulsion of students as a punishment for excessive absence. The bill, which was passed in the House and now awaits action in the Senate Education Committee, would take effect in the 2017–2018 school year. HB 410 represents a shift away from zero-tolerance approaches to unexcused absences by removing “excessive truancy” from district policy regarding violent, disruptive, or inappropriate behavior.
Boards would need to adopt or amend existing policy to address student absences. Schools would be required to set up absence intervention teams – a district or school administrator, a teacher, and the parent or guardian of the child – aimed at finding solutions to get students to class via “absence intervention plans.” The bill suggests that the team collaborate with school psychologists, counselors and social workers, as well as public agencies and nonprofit organizations, which can provide additional assistance.
Schools would be required to report to the Department of Education any cases of habitual truancy, which has been redefined by the bill in terms of hours missed instead of days missed. The student would be assigned an intervention team, which must also be reported to the Department of Education. Though the bill is aimed at avoiding court interactions, juvenile court may issue an order to require that a child attend a certain number of consecutive hours unless the student has a legitimate excused absence.
For schools, a comparison for the absence intervention plan and the new protocol for truants is perhaps the implementation of a section 504 plan. Likely, the intervention team will conduct an equivalent to a functional behavioral analysis and come up with modifications in accordance. In contrast to IEPs, which are detailed, goal oriented, and have numerous methods for enforcement by the ODE, the solutions of the intervention team are not nearly as rigidly enforced by the language of the bill.
Should a child fail to complete the absence intervention plan laid out by the intervention team, the school can file a complaint to adjudicate the student as unruly. At that point, this complaint would be held in abeyance until the child either completes or fails to comply with a court diversion program. A child who fails to complete the program could be adjudicated as a delinquent child because of chronic truancy. The consequences for the parent or guardian of a chronic truant include a minor misdemeanor charge if the court finds that their actions in any way contributed to the behavior. In addition, they must pay a surety bond of $500.
The practical implications of these changes would likely place a burden on schools. Further constraints would be imposed on their staffing, who must participate in the intervention teams at additional expense. School budgets would be forced to accommodate in-school suspensions in place of expulsions or out-of-school suspension, which would require an extra classroom and teacher. However, the bill provides for no funding to implement these changes. The new approach to truancy will undoubtedly present a challenge to districts but aims to be a more effective means of addressing student absences.
by Jeremy Neff | Jun 2, 2016 | Legislation, School Finance
The Ohio Senate has approved a bill that would suspend property tax increases for commercial and industrial developments until a certificate of occupancy is granted. Any increase in the taxable value of properties that are being newly developed or redeveloped would not be subject to property taxes until the development is completed. Senate Bill (SB) 235 passed 22-11 on May 4.
Advocates of SB 235 say that it will encourage improvement of undeveloped property as developers would not face tax increases until a project is near completion. This measure would increase land development and job growth, and eventually increase property taxes when the development is completed.
However, the bill has faced debate and opposition, with many local governments expressing their concern while the bill was in the Senate Ways and Means Committee. The concern is that the bill would cause an unknown fiscal loss to local governments, although it would have no impact at the state level.
The Ways and Means Committee notes that it responded to the concerns by adding several amendments to the bill. One of those amendments is a ten-year reset, so that the taxable value of the property resets to the actual value at the eleventh year (and every ten years after that) for the tax suspension while the property is still in development.
As school districts are funded in large part by property taxes, SB 235 has implications to school districts. Many developments are years in the making, as noted by the ten-year reset amendment. This means that school districts would potentially lose out on many years of funding during the development of these commercial and industrial properties.
SB 235 has now been introduced in the Ohio House of Representatives for consideration. You are urged to contact your Ohio representative to provide input for the House committee that will be assigned to SB 235. Ennis Britton attorneys are available for counsel regarding how this bill may affect your school district.
by Jeremy Neff | Jun 2, 2016 | Labor and Employment, Legislation
Effective December 1, 2016, “white collar” salaried employees not otherwise exempted from the overtime rules in the Fair Labor Standards Act (FLSA) will be eligible for overtime pay if their annual salary is less than $47,476. President Obama asked the Department of Labor to revise the exemption threshold of the FLSA from the current level of $23,660, which has not changed for more than a decade. The new amount more than doubles the current salary threshold.
Broad exemptions from FLSA overtime rules exist for executive, administrative, professional, outside sales, and computer employees. These exemptions are based on specific job duties as well as salary thresholds. In other words, an employee might have the duties of an administrator but not be exempt from overtime rules because her salary does not exceed the income threshold.
When this new rule takes effect, employers will have several options for employees who will no longer be exempt from the FLSA overtime rules:
- Pay time-and-a-half for overtime (granting compensatory time may be an option created through collective bargaining)
- Increase salaries above the threshold via regular pay or bonus pay with certain restrictions
- Limit workers’ hours to 40 per week
- Decrease base hourly pay to offset any increased overtime costs
- Combine any of the above options
What This Means to Your School District
Common positions of concern in school districts include technology directors, food service supervisors, maintenance supervisors, and transportation supervisors. Even though these positions might previously have qualified for the administrative exemption, with the increased salary threshold many will no longer be exempt after the revised rules go into effect. The FLSA provides a special exemption from the professional employee salary threshold for teachers. Even if a teacher does not meet the new $47,476 threshold – and many will not – the rules still exempt them from overtime. A similar special rule applies to “academic administrative employees” as long as they are paid at least base teacher pay.
School districts may potentially have professional employees who do not neatly fit into the “teacher” and “academic administrative employee” categories. Ennis Britton attorneys are able to assist districts in identifying such employees and exploring how the new rules affect them.
School districts must track eligible employees’ hours and pay overtime as appropriate. Districts should maintain proper payroll records and require that employees submit time records. The burden is on employers to ensure FLSA compliance. Laws limiting salary reductions for school employees must be considered when planning for the new rules. Ennis Britton attorneys are available to help with any questions regarding these changes, such as which employees are affected by this change, how to maintain payroll records, and how job descriptions and the duties test apply.
by Hollie Reedy | Mar 22, 2016 | Legislation
Parents 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
by Pamela Leist | Nov 13, 2015 | General, Legislation
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
by Giselle Spencer | Sep 25, 2015 | Board Policy & Representation, Construction & Real Estate, General, Labor and Employment, Legislation, School Finance, School Management, Special Education, Student Education and Discipline
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).
