Workers’ Compensation Legislation in the Works

by | Nov 30, 2017 | Legislation, Workers’ Compensation

The General Assembly is currently considering three different Workers’ Compensation bills that may affect schools. These bills will most likely undergo changes during the deliberation process. The summary below describes the provisions of each of these bills as initially introduced. As of November 29, each bill has had two hearings in the House Insurance Committee. Stay tuned to Ennis Britton for updates on this and other legislation. Contact an Ennis Britton attorney if you have any questions regarding how these may affect your school district.

HB 268

Requires the Administrator of Workers’ Compensation to waive a requirement that an employer have sufficient assets located in Ohio to qualify for self-insuring status if the employer holds a rating of B3 or higher according to Moody’s or a comparable rating from a similar agency. An employer that is granted self-insuring status through the waiver is subject to the same requirements that self-insuring employers are subject to under current law. This includes requirements to pay assessments based on the amount of the employer’s paid compensation as defined in continuing law and to provide a surety bond sufficient to pay claims, except that the employer must contribute to the Self-Insuring Employers’ Guaranty B Fund created under the bill (discussed below) instead of the Self-Insuring Employers’ Guaranty Fund (SIEGF) under current law.

Allows all self-insuring employers to purchase private workers’ compensation insurance to cover any workers’ compensation claim from an insurer that has an A.M. Best Financial Strength Rating of A or higher. Current law voids most contracts or agreements that indemnify or insure an employer against workers’ compensation claims. A self-insuring employer may, however, purchase an insurance policy that indemnifies against all or part of the employer’s loss in excess of $50,000 from a single disaster or event arising out of the employer’s workers’ compensation liability. But the insurer cannot, directly or indirectly, represent the employer in any settlement, adjudication, determination, allowance, or payment of workers’ compensation claims. The bill eliminates this prohibition.

Creates the Self-Insuring Employers’ Guaranty B Fund, which consists of contributions and other payments made by employers granted self-insuring status as a result of the waiver. The fund created under the bill secures compensation and benefits for employees of a self-insuring employer who is granted the waiver but who defaults on the obligation to make direct payments. The Administrator of the Bureau of Workers’ Compensation must establish a contribution amount each year and require every employer that is granted self-insuring status through the waiver to pay the established contribution to the fund. Contribution rates are to be as low as possible but must be sufficient to ensure enough money in the fund to guarantee the payment of any claims against the fund.

HB 269

Requires employees who receive Temporary Total Disability (TTD) benefits to comply with a return-to-work plan. TTD is a wage loss benefit designed to compensate employees who are temporarily unable to perform the functions of their jobs due to a workplace injury. Employees receiving TTD essentially get two-thirds of their wages tax-free. This bill will require the BWC administrator to develop a return-to-work plan for each employee receiving TTD. The plan will have the goal of returning the employee fully to the former position of employment, to return the employee to the former position of employment on a part-time basis or on a full-time basis with modified duties, or retraining the employee to work in another position. The employees’ progress with the plan will be evaluated every 90 days. Evaluations will also determine whether the plan needs revision. If the administrator determines that the plan does not need to be revised and that the employee is not complying, TTD benefits may be suspended.

Employees in compliance with the plan will continue to receive TTD benefits until such benefits are terminated in accordance with law.

Incentivizes employers for participation in safety consultations and loss prevention programs. This provision will modify and enhance the incentives for employers to participate in safety and loss prevention training, including premium discounts and other measures.

Makes changes to Permanent Total Disability (PTD) and death benefits. PTD is a benefit designed to compensate employees who are totally disabled from working, on a permanent basis, due to a workplace injury. PTD benefits are paid for life to employees who cannot engage in any form of sustained remunerative employment using the employment skills that the employee has or may reasonably be expected to develop, and to employees who have lost multiple body parts or the use of multiple body parts.

Pursuant to the bill, employees who receive PTD benefits and who reach full retirement age will have their PTD replaced with Extended Benefit (EB) compensation. “Full retirement age” is defined as the age at which an employee is eligible for unreduced retirement benefit from a state retirement system (PERS, STRS, SERS, OPERS, etc.), or the age at which an employee reaches full retirement age for purposes of the Social Security Act. Employees who are at or within one year of full retirement age will receive PTD for two years before the benefit is converted to EB.

EB is paid as a percentage of the PTD benefit that the injured worker received prior to reaching full retirement age. For example, at least one year but less than two years of PTD will convert to an EB of 10 percent, whereas an employee with ten years or more of PTD will receive 100 percent. PTD is calculated by a formula that essentially works out to two-thirds of an employee’s wages, subject to certain caps and other rules. Employees who receive EB compensation will receive an annual 2 percent increase.

Additional death benefits are provided by the bill. In addition to the benefits under current law, the bill adds a $35,000 lump sum payment to be apportioned among dependents if there are more than one. The bill also provides for a $5,000 scholarship payable to dependents annually for up to four years. Dependents cannot receive the scholarship until they receive a high school diploma or GED.

HB 380

Prohibits illegal and unauthorized aliens from receiving compensation and certain benefits. This bill adds to the definition of “employee” for purpose of workers’ compensation law. Under current law, employee is defined broadly as “every person in the service of any person, firm, or private corporation, including any public service corporation, that employs one or more persons regularly in the same business or in or about the same establishment under any contract of hire, express or implied, oral or written, including aliens.” This bill qualifies that definition to include only aliens authorized to work by the U.S. Department of Homeland Security.

Under the bill, “illegal alien” means an alien who is deportable if apprehended because of one of the following: (1) The alien entered the United States illegally without the proper authorization and documents. (2) The alien once entered the United States legally and has since violated the terms of the status under which the alien entered the United States, making that alien an “out of status” alien. (3) The alien once entered the United States legally but has overstayed the time limits of the original legal status.

The bill defines “unauthorized alien” as an alien who is not authorized to be employed as determined in accordance with the Immigration Reform and Control Act.

Update

On November 29, the House Insurance Committee adopted an omnibus amendment from the sponsor of HB 380 and then voted to accept the bill.

The amendment eases some of the policies that were controversial and contentious for opponents of the bill, such as employee advocates. One of the main provisions in the amendment allows a U.S. citizen who is a dependent of an undocumented worker to receive a death benefit in the event of the worker’s death, equal to the amount entitled to the dependent of a U.S. citizen.

The amendment also adds language that creates a rebuttable presumption that a worker was hired with legal working status.

Next, the bill will go before the full House for a vote and is expected to pass with ease.

Unboxing the Education Deregulation bill: What’s inside SB 216

by | Oct 16, 2017 | Legislation

Senate Bill 216, introduced on October 10 by Ohio Sen. Matt Huffman, is the culmination of a collaboration of legislators and school superintendents, including a working group of a BASA committee and more than 40 superintendents from Senate District 12. The bill has been assigned to the Senate Education Committee and is scheduled for its first hearing on Wednesday, October 18. SB 216 was drafted specifically to eliminate many unnecessary regulations and to simplify many areas – such as substitute and aide licensure – that have become overly burdensome from a regulatory standpoint. Following is a summary of the provisions in SB 216.

State assessments Adds language that would force the American Institutes for Research to explain how questions on all prescribed state assessments for all grade levels relate to the academic content standards starting with 2018–19. Also requires AIR to provide districts with practice tests, study guides, and other prep materials. R.C. § 3301.78
State assessments Eliminates kindergarten diagnostic assessments for reading, writing, and math. R.C. § 3301.079
State assessments Adds language that prohibits requiring districts to administer assessments for grades 3, 4, and 5 online, and permits districts to choose paper format for the assessments or any combination of online and paper assessments on a student-by-student basis. Adds language defining “other public school” as a community school, STEM school, or college prep boarding school. R.C. § 3301.0711
EMIS Eliminates the need to report kindergarten assessments in EMIS after the effective date of the statute amendments (since the kindergarten assessment will be eliminated). R.C. § 3301.0714
Kindergarten readiness assessment Eliminates the ODE-provided kindergarten readiness assessment. Eliminates the ability of ODE to use the kindergarten readiness assessment data to calculate the district’s letter grade for improving literacy in K–3. Adds a new requirement for this school year (2017–18) for any district in which less than 80% of students score proficient or higher on the third-grade English language arts assessment to establish a reading improvement plan supported by reading specialists. The district board of education shall approve it before it is implemented. R.C. § 3301.0715
Kindergarten diagnostic assessment Eliminates requirement for chartered nonpublic schools to administer kindergarten diagnostic assessments. R.C. § 3301.163
Compliance checklist Requires ODE to establish, distribute, and monitor a “school mandate report” for districts, which would complete and file the report annually. Districts would note compliance with mandates by checking “yes” or “no”. If not in compliance, a district will provide an explanation to its board of education within 30 days as to why the item is not completed along with a written action plan to address the problem. The checklist will include whether the district is in compliance with

Ø  training on use of physical restraint or seclusion,

Ø  training on harassment, bullying, and intimidation,

Ø  CPR and AED training,

Ø  crisis prevention training,

Ø  establishing wellness committees,

Ø  establishment and review of school emergency management plan, and

Ø  compliance with nutritional standards.

 R.C. § 3301.68
State report card Eliminates requirement that districts where less than 5% of students have scored below grade level on the kindergarten assessment receive no letter grade in K–3 literacy. R.C. § 3301.02
Educational choice scholarship program Changes eligibility for scholarship to students in buildings where a D or F on was received on improving K–3 literacy in the last 2 of 3 years to grade 1–3 improving literacy. R.C. § 3310.03
Third-grade reading guarantee Eliminates kindergarten reading assessment for purposes of third-grade reading guarantee. R.C. § 3313.608
Professional development standards Adds language as to what professional development standards are to be used to guide development of professional growth plans and improvement plans resulting from teacher evaluations. R.C. § 3319.075
Nonteaching employee continuing contract Modifies the contract sequence for nonteaching employees and delays eligibility for a continuing contract. A new hire first receives a 1-year contract, followed by three 2-year contracts. At the end of the third 2-year contract, if the contract is renewed, the nonteaching employee would receive a continuing contract. R.C. § 3319.081
Educational assistant and educational paraprofessional license/permits Changes to educational assistant and educational paraprofessional license/permits:

Ø  Adds language to the definition of “educational assistants”: nonteaching employees working in a federally funded program that directly assist a teacher.

Ø  Requires ODE to issue educational aide permits and educational paraprofessional licenses for educational assistants who undergo a criminal background check without any of the offenses listed in current law (3319.31(B) and (C)).

Ø  Removes language that allowed ODE to prescribe minimum qualifications including special training of education courses and qualifications for education, health, and character. Retains the language that the ODE rules may provide for licenses of several types.

Ø  Provides that nonteaching employees that substitute as educational assistants are not required to hold an educational aide permit or educational paraprofessional license.

 R.C. § 3319.088
Teacher evaluations Changes to teacher evaluations:

Ø  Provides that boards must update their standards-based teacher evaluation policy by July 1, 2018, to conform to the framework adopted under 3319.112, which will become operative when the collective bargaining agreement in effect on the effective date of the amendment expires (and must be included in renewal or extension of such agreements).

Ø  Eliminates requirement to use value-added data and provides that student performance data used as evidence in a teacher’s evaluation must be considered “high quality student data.”

Ø  Teachers rated “accomplished” on their most recent evaluation may still be evaluated once every 3 years as long as they submit a self-directed professional growth plan which focuses on specific areas identified in the observations and evaluations AND the evaluator determines that progress is being made on the plan. Removes language that states that the student academic growth measure must be average or higher for the most recent year that data is available for the teacher to remain eligible for the evaluation exemption.

Ø  Skilled teachers may still be evaluated once every 2 years as long as the teacher and evaluator jointly develop a professional growth plan which focuses on specific areas identified in the observations and evaluations AND the evaluator determines that progress is being made on the plan. Removes language that states that the student academic growth measure must be average or higher for the most recent year that data is available for the teacher to remain eligible for the evaluation exemption.

Ø  For accomplished or skilled teachers, in any year the teacher is not formally evaluated, the teacher will receive one observation and one conference with a qualified evaluator. Adds language that the conference must include discussion on progress on the teacher’s professional growth plan.

Ø  Removes language that allows a board by resolution to require only one formal observation of accomplished teachers as long as the teacher completes a project to demonstrate continued growth and practice at the accomplished level.

 R.C. § 3319.111
Standards-based evaluation framework Changes to standards-based evaluation framework:

Ø  Requires ODE to revise the state framework based on the ESB recommendations, and the state board to adopt an updated framework by May 1, 2018.

Removes from the framework:

Ø  The student growth measure as a component of the final evaluation rating

Ø  The requirement to use the value-added progress dimension as a component of the final evaluation rating for teachers who teach value-added courses

Ø  ODE’s list of student assessments that measure mastery of course content for grade levels and subject for which the value-added progress dimension or alternative student academic progress measure do not apply

Adds to what the framework must include:

Ø  Use of student assessment instruments approved by the board of education

Ø  A prohibition on use of shared attribution of student performance data among all teachers in a district, building, grade, content area, or other group

Ø  A professional growth or improvement plan for a teacher that is based on the results of the evaluation and is aligned to the district or building improvement plan created in accordance with ESSA

Adds to what ODE must do to assist districts with the evaluation framework:

Ø  Provide guidance on how high-quality student data may be used to attribute student learning to a particular teacher with examples of appropriate use of the data under the framework

Ø  Provide guidance on how student surveys, peer review evaluations, teacher self-evaluation, and other components “determined appropriate by the district” may be used as part of the evaluation process

Ø  Requires ODE to update the framework by July 1, 2018

 R.C. § 3319.112
Teacher licensure Adds language that the resident educator license, professional educator license, senior professional educator license, and lead professional educator license shall state whether the license is K–8 or 6–12. R.C. § 3319.22
Substitute teaching educator licenses Requires ODE to issue substitute educator licenses only under new section of the Revised Code. ODE is to adopt rules on the standards and requirements for issuing a substitute license and renewing the license, but the rules for obtaining a substitute license may not require an applicant to hold a post-secondary degree in any specified subject area and may not restrict the number of school days a substitute teacher may work. Existing substitute licenses would remain in effect until expiration, after which they would be subject to the terms of this new section.

This means that short- and long-term substitute licenses would no longer be used.

 R.C. § 3319.226
Licensure and employment Superintendents may employ a licensed teacher to teach a subject area and/or grade level for which the person is not licensed. R.C. § 3319.361
Truancy law Change to new truancy law (HB 410)

Ø  Only unexcused absences would count toward requirement to provide parental notification of excessive absence (38 hours in one school month, 65 or more in one school year). Removes excused absences from being counted toward the threshold level for parental notification.

 R.C. § 3321.191
Preschool staffing ratios for children with disabilities Reduces the staffing ratio requiring a full-time staff member from 16 to 12 for half-day preschool children with disabilities (retains the ratio of 8 full-day preschool children with disabilities to one full-time staff member).

Adds new language that a minimum of 10 hours of services per week will be provided for each child served by a center-based teacher unless an IEP specifies otherwise.

 R.C. § 3323.022
Gifted education Prohibits ODE, in a new section of the Revised Code, from adopting any rule that would require a person with an educator license who is designated as a provider of gifted services but does not have a license or endorsement for gifted education from having to complete professional development related to gifted education. R.C. § 3324.12
College Credit Plus If a course is available on the secondary school campus that a student attends, the student would not be able to enroll in a comparable course on the college campus at another location or online. If the course on the high school campus exceeds maximum capacity for enrollment, the school superintendent may approve the student to attend the course on the college campus, at another location operated by the college, or online. R.C. § 3365.03
College Credit Plus Changes for the provision and arrangements for the payment of textbooks begin in 2018–19.

Removes the requirement that the school district must pay for textbooks, and removes textbooks from the list of items that school districts and colleges may enter into an agreement for an alternative fee structure.

New Revised Code Section 3365.072: Requires students from public, nonpublic, or nonchartered nonpublic schools to pay for 50% of the cost of all required textbooks, and requires the student’s secondary school to pay for 50% of the cost of all required textbooks.

Requires ODE to adopt rules that define economically disadvantaged students, and provides that for students defined as such, the secondary school will pay 100% of the cost of the required textbooks.

Requires that home-instructed students participating in CCP be responsible for 100% of the costs of the required textbooks.

 R.C. § 3365.07
Uncodified section Section 3 requires ODE to conduct a study of the results and cost-effectiveness of the College Credit Plus program and to present a report to all school districts, ESCs, the governor, the Chancellor of Higher Education, and every member of the General Assembly.

The study must include information on whether participants save money on college tuition and reduce the time to complete a degree and whether it is cost-effective for school districts.

 Section 3

Additional Graduation Pathways for Class of 2018

by | Aug 31, 2017 | Legislation, Student Education and Discipline

House Bill 49, the budget bill, provides two additional pathways for graduation for the class of 2018. In short, the first option is an academic pathway, and the second is a career-tech pathway. (See also the Ennis Britton blog post on the new graduation requirements.)

Note: This applies only to the class of 2018, or as the bill states, to students who entered ninth grade for the first time on or after July 1, 2014, but prior to July 1, 2015.

Academic Pathway

In addition to meeting other graduation requirements as follows:

  • Take all end-of-course exams (or the private charter school assessment)
  • Retake at least once any end-of-course exam in English language arts or math on which the student scored lower than 3
  • Complete the required units of instruction

a student must meet two of the following requirements:

  • Have an attendance rate of at least 93 percent during 12th grade
  • Take at least four full-year or equivalent courses during 12th grade and has at least a 2.5 GPA (on a 4.0 scale) for the 12th-grade courses
  • Complete a capstone project during 12th grade
  • Complete 120 hours of work in a community service role or in a position of employment, including internships, work study, co-ops, and apprenticeships
  • Earn 3 or more transcripted credit hours under College Credit Plus at any time during high school
  • Pass an AP or IB course and receive a score of 3 or higher on the corresponding AP exam or 4 or higher on the corresponding IB exam at any time during high school
  • Earn at least a Level 3 score in each of the Reading for Information, Applied Mathematics, and Locating Information components of the job skills assessment, or a comparable score on similar components of a succeeding version of that assessment
  • Obtain an industry-recognized credential or a group of credentials equal to at least 3 points total
  • Satisfy the conditions required to receive the OhioMeansJobs-readiness seal

Career-Tech Pathway

In addition to meeting other requirements as follows:

  • Take all end-of-course exams (or the private charter school assessment)
  • Complete the required units of instruction
  • Complete an ODE-approved career-tech training program that includes at least four career-tech courses

a student must meet one of the following requirements:

  • Attain a cumulative score of at least proficient on required career-tech assessments or test modules
  • Obtain an industry-recognized credential or group of credentials worth 12 points
  • Demonstrate successful workplace participation, based on a written agreement signed by the student, a district representative, and an employer or supervisor, by completing 250 hours of workplace experience and receiving regular, written, positive evaluations from the employer or supervisor and a district representative

 

 

 

Budget Bill, Part II: Uncodified Law

by | Jul 24, 2017 | Board Policy & Representation, Legislation

To continue our review of the education-related provisions of the state budget, we will look at the temporary law, or uncodified sections, of the budget. If you scroll toward the end of the five thousand-plus pages of the budget, you will find some odd numbering. You have found what is called temporary law or uncodified law.

This is separated as temporary or uncodified law for several reasons. Appropriations are uncodified because they cannot (per the Ohio Constitution) be made for more than two years. Other things found in temporary law may describe how the appropriations will be used (for the establishment and function of committees, task forces, stakeholder groups, preparation of a report, etc.). This temporary law expires at the end of the biennium (in two years).

Several provisions in this somewhat-obscure section of the budget affect Ohio schools, and below is a short summary of those provisions.

  • The graduation changes applicable only to the class of 2018 are found in the uncodified law because they are intended to apply only to that class. These changes establish additional ways for these students to demonstrate eligibility for a high school diploma. These additional options are presented for both academic and career-technical students. Stay tuned for an upcoming blog post with specifics on these graduation options.
  • A new state workgroup on related services will be tasked with the goal of “improving coordination of state, school and provider efforts to address the related services needs of students with disabilities.” This group and its study will sunset on June 30, 2019.
  • Expanding the SNAP program and drawing down federal match dollars for the employment and training of low-income individuals will be the subject of a planning committee, which will be established by the Ohio Department of Job and Family Services and the chancellor of higher education.
  • There will be changes to tuition payments for students in private residential treatment centers who are placed by a court or other state agency order (not parental placements). Additional provisions set out who is responsible for providing the educational program when a child is placed in one of those facilities, which include private facilities for the treatment of juvenile sex offenders, mental health and drug addiction, and other, severe behavior issues.
  • ODE was directed to study the appropriate funding for each category of gifted students and propose a method for funding gifted education courses and programs; a report is due May 1, 2018.
  • Under a new “flexible funding” program, school districts, including educational service centers and career-technical districts, may transfer foundation and special education enhancement funding to a new funding pool called the Family and Children First Funding Pool.
  • The “Straight A” governing board and committee will cease to exist and records will be transferred to ODE. Straight A grant recipients that received funds in FY 2016 and 2017 and will have remaining funds to spend in FY 2018 may do so in accord with the grant agreement; however, even if grant provisions specify additional funds, these funds will not be paid in future fiscal years. ODE will not pay any additional Straight A grant funds, and ODE’s function will be limited to ensuring districts spend remaining funds in accordance with the agreement. ODE was directed to report to the legislature on the grants awarded, recipients, effectiveness, and recommendations for Straight A grant projects that might warrant repeating in the future.
  • An appropriation was made to ODE for a policy analysis service, whose purpose is to develop reports, briefings, and analyses to inform education policymakers of current trends in education practice, efficient and effective use of resources, and evaluation of programs to improve education results.
  • An early childhood education program appropriation will fund and monitor existing and new early childhood education programs provided by city, local, exempted village, joint vocational, and educational service centers, community schools sponsored by an exemplary sponsor, chartered nonpublic schools, and other licensed early childhood education providers. The appropriation requires these providers to meet “Step Up to Quality” program standards.
  • An Early Childhood Education Pilot Program in Appalachia in two counties of the Appalachian region of the state will be established, with funding given to existing or new providers of early childhood education to serve 125 children in each fiscal year. The data from the pilot program will be studied.
  • In addition, a parental choice early childhood education pilot program will be funded, to implement “one or more parent choice models to deliver early childhood education to eligible children.”

The appropriations section of the education department begins in the budget on page 4,523. You can see all the appropriations for FY 2018 and 2019, as well as all the uncodified law applicable to the Department of Education. Or you can call your friendly Ennis Britton attorney for more information on provisions that interest you.

 

 

Budget Bill Overview: Impacts on Education in Ohio

by | Jul 7, 2017 | Board Policy & Representation, Legislation

Every two years, Ohio legislators and the governor are tasked with passing a biannual budget for the state. Ohio’s budget bill always has a direct effect on public education, from both a financial and an operational perspective. On June 30, Gov. Kasich signed a final version of House Bill 49. However, the governor vetoed 44 separate provisions, a number of which directly impact public schools.

As a final step, the House and Senate may vote to override any of the governor’s vetoes. The House has already voted on 11 veto overrides (none of them related to education), and the Senate is expected to do so very soon. Both houses of the General Assembly must override gubernatorial vetoes by a three-fifths margin prior to the end of the legislative session, which is December 31, 2018.

Title 33 Provisions

Below are some of the education-related provisions in Title 33 of the Revised Code. These will be effective late September.

  • Social studies has been removed from the required statewide achievement tests for the fourth and sixth grades. Instead, school districts will be required to teach and assess social studies in at least fourth and sixth grades, and may select any assessment tools for the subject. Results will not be reported to the Ohio Department of Education. Social studies has been removed from the list of subjects for which each district must provide prevention/intervention services to students who score below the proficient level established by the state.
  • Beginning in July 2018, districts will be required to identify victims of any student who is disciplined for violent behavior in EMIS. Victims will be identified by classification (student, teacher, nonteacher, etc.) but not by name.
  • Districts may administer certain portions of the kindergarten diagnostic assessment up to two weeks prior to the first day of school.
  • Beginning on the effective date of the bill until October 1, 2021, no school district that is party to an annexation agreement shall transfer territory that is or will be used for nonresidential purposes to another school district that is party to the annexation agreement without the approval of both boards unless the territory of one of those boards overlaps with a new community authority created prior to January 1, 1993.
  • As of January 1, 2018, the SERS board may increase each allowance, pension, or benefit payable to its members by the percentage increase (if any) of the consumer price index, which cannot exceed 2.5 percent.
  • The deadline for students to apply for the Jon Peterson special needs scholarship has been eliminated. Students may apply anytime.
  • A financial provision was added to help schools recover some of the property tax losses incurred because of the devaluation of power plants.
  • STEM schools have been added to the list of entities that a public board of education must first offer an unused school facility for sale or lease. STEM schools will now have the same rights to such property that start-up community schools and college-preparatory boarding schools currently have.
  • HB 49 modifies the recently enacted Lindsay’s Law to state that students are required to annually submit a form that acknowledges they have received information about sudden cardiac arrest. Prior law required students to submit the form for each athletic activity each school year.
  • Students who have an F-1 visa and attend an elementary or secondary school that operates a dormitory on its campus must now be permitted to participate in interscholastic athletics to the same extent resident students may participate.
  • School districts may integrate academic content in a subject area for which the state board has adopted standards into a course in a different subject area including a career-technical education course in accordance with guidance that will be issued by ODE. The student may receive credit for both subject areas upon successful completion of the course. If an end-of-course examination is required for the subject area delivered through integrated instruction, the school may administer the related subject area exam upon completion of the integrated course.
  • By December 31, 2017, ODE must develop a framework for school districts to use in granting units of high school credit to students who demonstrate subject area competencies through work-based learning experiences, internships, or cooperative education experiences. Districts must comply with the framework and adopt changes to any of their policies regarding demonstration of subject area competencies by the start of the 2018–2019 school year.
  • Schools are no longer required to train substitutes, adult education instructors who work the full-time equivalent of less than 120 days, or seasonal workers on operation of an AED as long as these individuals do not serve as a coach or supervisor for athletic programs.
  • Students will be able to earn an OhioMeansJobs-readiness seal on their diplomas.
  • The superintendent of public instruction is tasked to work with the governor’s office and business officials to establish a committee that will develop a list of industry-recognized credentials and licenses that may be used to qualify for a high school diploma. The credentials must align with the in-demand jobs list published by the Ohio Department of Job and Family Services. The credentials will be used on state report cards.
  • School districts that provide educational services to certain special education students who reside in a home or facility now have two options to receive tuition payments: directly from the district of residence or from ODE. If the school district opts to receive the tuition from the district of residence, it shall not receive a tuition payment for that student from ODE.
  • School districts must now permit students to carry and self-apply sunscreen, and further are prohibited from requiring authorization from a health care provider to apply sunscreen (districts may still require parent authorization).
  • Students are prohibited from using or possessing any substance that contains betel nut on school premises. Betel nuts are harvested from the Areca palm, which originates in Asia, and are considered a powerful stimulant when chewed. The nuts are believed to be a carcinogen and are linked to high rates of oral cancer.
  • School districts which determine that for financial reasons they cannot establish state-mandated summer food service programs must permit an approved summer food service program sponsor to use the school facilities located in areas where at least half of the students are eligible for free lunches. The districts may charge the service program sponsor a reasonable fee and shall require the sponsor to indemnify the district for any liability that arises from the sponsor’s food service operations.
  • The superintendent of public instruction must develop standards for the operation of business advisory councils established by a board of education. These standards will, at a minimum, require the council to meet at least quarterly with the board and to develop a plan on how and about which matters it will advise the board. Current law requires that each school district board of education and ESC governing board appoint a business advisory council to advise and provide recommendations to the board regarding industry employment and skills needs.
  • ODE will establish an option for career-technical education students to participate in pre-apprenticeship training programs that develop skills and knowledge needed for successful participation in a registered apprenticeship occupation course.
  • HB 49 permits a school district to hire and pay a substitute educational aide who does not currently hold an aide permit and who fills in during an emergency or employee leave of absence. This provision creates an exception to the requirement that an educational aide/paraprofessional hold an aide permit from ODE before he/she may be paid to serve in that capacity. An individual may now serve as a “substitute educational aide” for up to 60 days provided that the school district superintendent believes that he/she has the qualifications to obtain an aide permit, the individual passes a criminal background check, and the individual has already submitted an application for the permit. The individual must stop working as a substitute when one of three things occurs: (1) ODE approves the application and grants a permit, (2) the application is denied, or (3) the application has not been approved after 60 days of work.
  • ODE has express authority to reject or inactivate an educator license if the individual fails to submit fingerprints and written permission for a criminal background check.
  • State law now recognizes creation of a STEAM community or nonpublic school, which stands for science, technology, engineering, arts, and mathematics. STEAM schools must meet certain requirements, including involvement of arts organizations.
  • Bid bonds are no longer required for purchase of school buses unless the board of education or governing board requests that bid bonds be a part of the bidding process.
  • The state board’s rules for staffing ratios must now include two specific provisions for preschool programs that serve children with disabilities. First, the rules must require at a minimum that a school provide a full-time staff member when eight full-day or sixteen half-day preschool children eligible for special education are enrolled in a center-based preschool special education program. Second, the state board rules must also mandate a staff ratio of one teacher for every eight children at all times for a program with a center-based teacher, and a second adult must be present when nine or more children, including nondisabled children, are enrolled in a class session.
  • State colleges must provide students enrolled in education preparation programs with instruction in opioid and other substance abuse prevention.
  • A number of changes have been made to the College Credit Plus (CCP) program. The bill modifies the appeal process for students when a principal refuses to provide written consent for participation. The final appeal will now be heard within 30 days by the district superintendent rather than the state board of education. Also, to be eligible to participate in CCP, participants must now be remediation free for college entrance exams in one of the following: mathematics, science, reading, or writing. The college is required to pay for one assessment. Several funding provisions of CCP have been modified as well. Finally, the chancellor of higher education in consultation with the superintendent of public instruction must adopt rules that specify the conditions under which an underperforming student may continue to participate in CCP.
  • Advisory group of school districts and other stakeholders to make recommendations for changes to EMIS to format standards and data definitions. Districts not using uniform data definitions and data format standards will have all EMIS funding withheld until the district comes into compliance.
  • The court of claims received more than $500,000 in each fiscal year to fund public records adjudications.
  • Career-technical education enhancements:
    • New “Agricultural Fifth-Quarter Project” program funded at $600,000 each fiscal year for work-based learning through supervised agricultural experience anytime outside of the school day. ODE will develop eligibility criteria and will fund as many programs as possible.
    • CTC programs (along with STEM, community schools, and city/local/exempted village districts) could pay the cost of earning an industry credential or journeyman certification recognized by the U.S. Department of Labor for economically disadvantaged students and be reimbursed by ODE pursuant to a $750,000 appropriation.

Vetoed Provisions

The governor vetoed a number of education-related provisions adopted in the enrolled version of HB 49. Some of the vetoed provisions include the following:

  • A provision to permit districts to administer a paper version of state assessments.
  • A provision to grant additional authority to the Joint Education Oversight Committee to invalidate a manual adopted by ODE that it develops to audit full-time equivalency student enrollment reporting by school districts. ODE is still required to develop the manual and submit it to the Joint Education Oversight Committee for review.
  • A provision to permit an ESC with a rating of effective or higher to sponsor a community school regardless of whether the school is located in the ESC’s service territory or a contiguous county.
  • A number of provisions to eliminate the resident educator program, which new teachers must complete during their first four years in the profession. As a result, the resident educator and resident educator professional teaching license will continue at least for the upcoming school year.
  • A provision to require College Credit Plus students to earn a grade of C or higher to continue participation in the program.

Upcoming Presentation

The budget bill will be discussed in detail at the upcoming Administrator’s Academy webinar on July 13. Click here to register for the event.

New Laws Governing District Property

by | Apr 5, 2017 | General, Legislation

General Assembly Once Again Changes Rules on Disposal of Real Property

In 2015 Ohio’s General Assembly enacted R.C. 3313.413. This statute added another step to the process for disposing of real property worth $10,000 or more.  The statute required school districts to first offer the property to “high-performing” community schools, as designated by the Ohio Department of Education. These schools may be located anywhere in the state of Ohio.  Then, assuming no such high-performing school took up the offer, the district was required to offer the property to any start-up community school as well as any college-preparatory boarding school located within the district’s territory.

The designated list of high-performing community schools initially published by ODE contained 22 schools, so any district with an interest in selling a piece of real estate it owned was required to issue 22 offer letters, one to each these schools. Just as with the offer to community schools within a district’s territory, the offer to the high-performing schools could be for no more than the appraised value (the appraisal not being more than a year old) and the offer had to remain open for 60 days.

These relatively new requirements have now been modified by House Bill 438, which was signed in January and becomes effective on April 6.  Under the new law, districts are back to the previous system of only having to offer properties to community schools and college-preparatory boarding schools within their territory – including high-performing community schools.

Along with the change in territory is a change in prioritization for districts that receive an offer from more than one high-performing or other community school.  If a district receives notice from more than one high-performing community school, it must hold an auction at which only those interested high-performing community schools may bid. If no such high-performing community school expresses interest, the district may move on to the non-high-performing community schools and college-prep boarding schools. If two or more of these schools express interest, the district must hold an auction at which only the interested schools would participate.

If no community school or boarding school expresses interest, the district must hold a public auction for the property with at least 30 days’ prior notice in a newspaper of general circulation in the district.  If no bids are accepted through the auction, the district may then sell the property at private sale on its own terms.

ODE will continue to maintain and publish the list of high-performing community schools.

Competitive Bidding Threshold Increased

The threshold for competitive bidding with construction projects was increased in Senate Bill 3, which became effective March 16. Under the new law, construction or demolition projects in excess of $50,000 (the previous threshold was $25,000) must be advertised for bids. All other provisions of R.C. 3313.46 remain the same.

Note about Personal Property

District-owned personal property valued at more than $10,000 is required to be sold at public auction after 30 days’ notice. This statute has not changed (R.C. 3313.41). If a district adopts a resolution that school district property worth less than $2,500 (fair market value) is obsolete or unneeded, it may donate that property to eligible nonprofit entities. The board must adopt a procedure and must publish its intent to donate in a newspaper. Contact an Ennis Britton attorney for the specific requirements and applicability of the law to any personal property being considered for sale or disposal.