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.

New State Law Expands Use and Possession of Weapons on School Grounds

by | Mar 24, 2017 | Board Policy & Representation, General, Legislation, School Management

Senate Bill 199, which was passed during the lame duck session and signed by the governor in December, significantly expands the rights of certain individuals to possess weapons on public school grounds.
State law generally prohibits an individual from conveying or possessing a deadly weapon or dangerous ordnance in a school safety zone (R.C. 2923.122). R.C. 2901.01 defines a school safety zone to include a school, school building, school premises, school activity, and school bus. Violators may be charged with misdemeanor or felony criminal offenses.

There are a few exceptions to this prohibition, including one that grants a school district board of education the authority to issue written permission for an individual to possess a weapon on school grounds. Additional, narrowly tailored exceptions apply for police officers, security personnel, school employees, and students under certain circumstances. The new law further expands these exceptions in three key areas.

First, the bill specifically authorizes an individual to possess a concealed handgun in a school safety zone as long as the individual either remains in a motor vehicle with the gun or leaves the gun behind in the locked vehicle. For this exception to apply, the individual must have an active concealed-carry permit or must be an active-duty member of the armed forces who is carrying a valid military identification card and documentation of successful completion of firearms training (the training must meet or exceed requirements for concealed permit holder training).

Next, the new law expands the right of law enforcement officers to carry a deadly weapon or dangerous ordnance in a school safety zone at any time regardless of whether the officer is on active duty. The prior version of the law limited such rights to law enforcement officers who were on active duty only.

Finally, the new law now permits the possession and use of an object indistinguishable from a firearm during a school safety training.

The law became effective March 21, 2017. School districts should review board policies that regulate use and possession of weapons on school grounds and should contact legal counsel with questions about how the law will impact district operations.

The Biennial Budget Bill: How and When to Inform Policymakers

by | Mar 8, 2017 | Legislation, School Finance

Every two years a new General Assembly convenes in Ohio. The General Assembly will consider hundreds of bill and even pass many of them, but none are more important to state government than the appropriations bills that make up the budget bill.

The state budget cycle aligns with the state fiscal year of July 1 through June 30, so the legislative process for passing a budget typically runs from sometime in January through June 30 every odd-numbered year. In addition to allocating funding for Ohio’s K–12 schools, the budget bill also typically contains numerous substantive changes in the law (e.g., teacher evaluation changes, licensure requirements). Following is a high-level overview of the budget process, with a goal of informing school officials how, when, and to whom to provide input during this process. This input is critical to ensuring that legislators have the practical information they need to determine how their proposals would affect school districts. This practical information is valuable to the decision-making processes taking place at the state level during the budget process.

Governor

The governor begins by submitting the planned executive budget for the main operating appropriations bill to the General Assembly within four weeks after the new General Assembly is organized (or by March 15 if a new governor is in office). Each expense must come from a specific funding source, and each funding source may fund only certain expenses. Perhaps the most important requirement is that the budget be balanced: expenses may not exceed revenues. The governor may order spending reductions or even declare a fiscal emergency if revenues fail to meet projections. The governor typically uses the executive budget as a way to signal policy priorities and to propose new ideas. The governor’s budget is presented to the House without changes, so this is not an effective time to lobby the governor for changes.

House

The newly drafted budget bill (the current bill is HB 49) lands in Ohio’s House of Representatives, where it is referred to the Finance Committee and subcommittees. These committees hold hearings on the bill, when input may be provided to state representatives through written and live testimony. It is quite common for extensive changes to be made based on recommendations of the committees and subcommittees. Because of this, the House committee and subcommittee hearing phase is an especially important time for school officials and professional organizations to provide input. When extensive changes are made in committees, a substitute bill is drafted. After the bill has been considered and amended in the committee, it goes back to the House for a House floor vote.

Senate

Normally, after the House passes the bill, it is introduced in the Senate. However, because of time constraints on the budget bill, the Senate Finance Committee will usually begin its hearings on the bill while it is still in the House. The Senate Finance Committee and subcommittees hold hearings and receive input just as the House committees do. In some budget cycles, the subcommittees do not hold their own hearings. Rather, all hearings are held by the full Finance Committee. After the substitute bill is amended in the committee, it goes to the Senate for a floor vote. As with the House committee and subcommittee phase, this is an important time for school officials and professional organizations to provide input.

Conference Committee

The House must then concur in, or agree to, the Senate amendments. But this sometimes doesn’t happen. In this event, a conference committee is formed of members of both the House and the Senate. The conference committee must reach agreement on a committee report (also referred to as a compromise bill) to be voted on by the full House and Senate by the June 30 deadline. Each chamber must approve an identical budget bill. No amendments may be made by the separate chambers when they vote on the committee report, and time is very limited between the conclusion of the conference committee and the votes on the final bill. Thus, any last-minute lobbying must occur before the conclusion of the conference committee. This is sometimes when fast-moving changes are inserted or deleted from the bill.

Back to the Governor

When the legislature finally agrees to the terms of the bill, it quickly moves back to the governor to be signed. The governor may sign the bill or veto certain provisions, called a line-item veto. The reasons for the veto would be provided, and the General Assembly may, by three-fifths vote, override the veto. The veto power does not allow the governor to add to the budget bill – only to subtract. This allows for some final limited input from school officials and professional organizations.

How, and to Whom, to Provide Input

During committee hearings, the Finance Committees of both the House and the Senate receive input from state agencies, lobbyists, special interest groups, and other legislators and stakeholders. Testimony may be provided for these hearings in either written or live verbal form. Although written input will be heard, live and in person is often much more effective. Additionally, any legislator may provide input in the form of amendments. The state education associations are active during this process, so stay tuned. Ennis Britton attorneys also carefully monitor developments, using Twitter to give up-to-the-minute updates. During this important time, we can assist your district or group in preparing and delivering testimony at the Statehouse.

Follow these links to stay up-to-date on the House Finance Committee schedule and the Senate Finance Committee schedule. Follow Ennis Britton and our attorneys on Twitter to get the most current information. When the budget is completed, our firm immediately reads and holds an Administrator’s Academy in July to let you know what’s in the budget.

Ohio’s New Truancy Laws

by | Feb 14, 2017 | Legislation

Ohio House Bill 410 was signed by the governor on January 4, 2017, and takes effect on April 6, 2017. Despite its effective date, school districts are not required to implement many of the truancy provisions until the start of the 2017–2018 school year, the majority of which are codified in section 3321.191 of the Revised Code. To assist school districts in the implementation of the new truancy laws, the Ohio Department of Education (ODE) is expected to develop a model truancy policy to be completed in early July.

In response to this legislation, several school districts have asked for additional information on the details of the bill in order to comply with R.C. § 3321.191, including a timeline to implement absence intervention plans. As such, the following is a summary of the bill that organizes the new truancy provisions into categories to be more useful to districts.

Definitions

Chronic truant will no longer be used.

Habitual truant refers to a child of compulsory school age who is absent from school without legitimate excuse for the following number of hours (RC 2151.011):

  • 30 or more consecutive hours or
  • 42 or more hours in one school month or
  • 72 or more hours in a school year

Unruly child refers to a habitual truant who has not previously been adjudicated for being a habitual truant (RC 2151.022), but if based solely on being a habitual truant, court shall consider alternatives to adjudication to divert the child from the juvenile court system

Delinquent child applies to a child who violates a court order regarding the child’s prior adjudication as an unruly child for habitual truancy, but no longer includes habitual (or chronic) truant (RC 2152.02)

Suspensions

Beginning July 1, 2017, districts may not suspend, expel, or remove a student solely on the basis of absence without legitimate excuse. (RC 3313.668)

Districts may not carry over suspensions from one year to the next for any type of student misconduct. However, for an out-of-school suspension, participation in a community service program or an alternative consequence may be imposed during summer break for a number of hours equal to the remaining suspension. The community service or other consequence must begin during the first full weekday of summer break. Each district has the discretion to develop “an appropriate list of alternative consequences.” If the student fails to complete the community service or alternative consequence, the district may determine the next course of action; however, it may not include imposing out-of-school suspension when the next school year begins. (RC 3313.66)

Districts have discretion to allow make-up homework during suspensions. (RC 3313.66)

Excessive absences may not be punished by suspension, expulsion, or other means of prohibiting a student from attending school. (RC 3313.668, RC 3321.191)

Attendance Officers

Attendance officers shall file a complaint in juvenile court on the 61st day after implementation of an absence intervention plan if all of the following apply:

  • The student has unexcused absences of 30+ consecutive hours, 42+ hours in one month, or 72+ hours in a school year
  • The district has made meaningful attempts to reengage the student through the absence intervention plan or other intervention strategies and alternatives to adjudication
  • The student has refused to participate in or failed to make satisfactory progress on the plan, strategies, or alternatives

If the student has absences as noted above, but the absence intervention team determines that the student has made “substantial progress” according to the plan, the attendance officer shall not file a complaint in juvenile court.

If the 61st day after implementation of an absence intervention plan falls during the summer months, the district has the discretion to allow the absence intervention team or attendance officer to extend the implementation of the plan and delay the filing of the complaint for an additional 30 days from the first day of school the next year. (RC 3321.16)

Juvenile Courts

Extensive changes were made to juvenile court procedures (RC 2151, 2152), including notifying the school district and the school of attendance within 10 days if a student is adjudicated an unruly child for habitual truancy (RC 2151.354, 2152.19). This is important to school districts because districts will be required to notify ODE when a child has violated a court order regarding prior adjudication as an unruly child for habitual truancy.

Student Travel

Absences for a student who travels out of state for enrichment activities or extracurricular activities may be excused up to 24 hours maximum for the school year. If the student will be absent for 24 or more consecutive hours for these activities, a classroom teacher employed by the district shall accompany the student for instructional assistance. (RC 3321.041)

Driver’s Licenses

For purposes of driver’s license suspension, a board of education may notify a superintendent of a student’s unexcused absence of 60 or more consecutive hours or 90 or more hours in a school year. (RC 3321.13)

If a board of education has adopted a resolution stating such, the superintendent shall notify the registrar of motor vehicles and the county juvenile judge of a student’s unexcused absences of more than 60 consecutive hours in a single month or at least 90 hours in a school year. The superintendent shall also provide the parents with written notice that the student’s driver’s license, temporary permit, or opportunity to obtain such permit has been suspended and that the student and parents may have a hearing with the superintendent as scheduled. (RC 3321.13)

Absence Intervention Teams

Schools may establish their own absence intervention teams. District superintendents shall establish an absence intervention team for the district to be used by any schools that do not establish their own absence intervention teams. Membership of the absence intervention team may vary based on the needs of each student but shall include:

  • a district or school representative,
  • another district or school representative who knows the student, and
  • the child’s parent (or guardian, custodian, etc.), and may include
  • a school psychologist, counselor, social worker, or public agency representative. (RC 3321.191)

If a student becomes habitually truant within 21 days of the end of the school year, a district may assign one school official to work with the child’s parent to develop an absence intervention plan during the summer, which shall be implemented no later than 7 days before the next school year begins. Alternatively, the district may toll the summer time period and reconvene the absence intervention process on the first day of the next school year. (RC 3321.191)

ODE will develop a format for parental permission regarding absence intervention teams to ensure compliance with FERPA. (RC 3321.191)

Districts with a truancy rate of less than 5 percent are exempt from assigning habitually absent students to absence intervention teams and may develop their own district strategies; however, if their strategies fail, the attendance officer shall file a complaint within 61 days of implementation. (RC 3321.19)

Absence Intervention Plans

Each plan shall vary based on the needs of the student, but all plans shall notify the student of the attendance officer’s obligation to file a complaint 61 days after implementation of the plan if the student has refused to participate in or failed to make satisfactory progress on the plan or other alternative to adjudication. (RC 3321.191)

As part of the absence intervention plan, the district may contact juvenile court and ask to have the student informally enrolled in an alternative to adjudication. If a district chooses to do this, the district must develop a policy regarding use of and selection process for offering alternatives to adjudication. (RC 3321.191)

Districts or schools may consult or partner with public and nonprofit agencies for assistance to students and families to reduce absences. (RC 3321.191)

Timeline for Absence Intervention Teams

  1. Triggering event – Student surpasses the threshold for unexcused absences for habitual truancy. Districts are required to report to ODE when a student has exceeded this threshold.
  2. Within 7 days of the triggering event – The school or district shall select the members of an absence intervention team and shall make at least three good-faith attempts to secure parent participation on the team. (RC 3321.191) If the parent responds but is unable to participate, the district shall inform the parent of the right to appear by designee. If the parent fails to respond, the district shall (1) investigate whether the failure to respond triggers mandatory reporting to children’s services and (2) instruct the absence intervention team to develop a plan notwithstanding the absence of the parent.
  3. Within 10 days of the triggering event ­– The board of education shall assign a student who is considered a habitual truant to an absence intervention team. (RC 3321.19)
  4. Within 14 days after assigning a student to an absence intervention team – The team shall develop an intervention plan. (RC 3321.191)
  5. Within 7 days after development of the intervention plan – the district shall notify the student’s parents of the plan. (RC 3321.191)

Note: Districts are required to notify ODE when an absence intervention plan has been implemented.

Board Policy

Beginning 2017–2018, board policy shall include notifying parents of absences with or without legitimate excuse of 38+ hours in a month or 65+ hours in a year, within 7 days of the absence that triggered the notice (RC 3321.191). Districts are required to report this to ODE as well.

Zero-tolerance policies should no longer include “excessive truancy.”

Excessive truancy is no longer a reason for Big 8 schools to send students to alternative schools. (RC 3313.534)

Reporting to ODE

Beginning 2017–2018, districts shall report the following occurrences to ODE. (RC 3321.191)

  • When notification is provided to a parent of student’s absences with or without excuse of 38+ hours in one school month or 65+ hours in a school year
  • When a student is designated as a habitual truant
  • When a student who has been adjudicated unruly for habitual truancy violates a court order regarding that adjudication
  • When an absence intervention plan has been implemented