Legislative Update _and a Couple of Reminders_

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					 Legislative Update
  (and a Couple of Reminders)

Montgomery County 2012 Administrators’
           Presentation by BASA
              August 1, 2012
     House Bill 36 – Calamity Days

• Effective April 13, 2011

• Originally returned Ohio schools to 5 calamity
  days for 2010-2011 school year

• Calamity days 1-5 – Excused days

• Calamity days 6-10 – Contingency plan
     House Bill 36 – Calamity Days

• Contingency plan must be adopted by
  September 1 each year

 • May provide for making up days 6-10 by lengthening
   remaining days in school year by one-half hour

• Days 11 and more – Must be made up but could
  be in half-hour increments; no contingency plan
SB 342 – State Teachers Retirement

• Numerous technical changes sought by STRS
  for several years
• Effective 7/1/13, employee contribution rate
  increases by 1% per year to total of 14%
 • After 7/1/17, STRS board may reduce if it does not materially
   impair fiscal integrity
• Unreduced benefit eligibility increases by one
  year for each two years, beginning 8/1/15
 • On or after 8/1/26, 35 or more years of service and age 60
 • Effective date issue
SB 342 – State Teachers Retirement

• STRS board may adjust eligibility based on
  determination by actuary; could be more
  increased or decreased
• Effective 8/1/15, 2.2% for each year of service
• Cost of living allowance (COLA)
 •   Effective 8/1/13, COLA becomes 2% of FAS
 •   Effective 8/1/13, 5 years before first COLA
 •   Moratorium on COLA from 7/1/13 to 6/30/14
 •   STRS board can adjust upward or downward if actuary
     determines adjustment does not impair fiscal integrity
SB 316 (Education MBR)
Third Grade Reading Guarantee
• For students entering 3rd grade in the 2013-2014
  school year, generally prohibits promotion to
  fourth grade of student scoring in limited range
  on third grade reading achievement assessment
• State board to progressively adjust standard
  upwards until retention requirements apply to
  students not achieving at least “proficient”
• State board to recommend changes to scoring
  ranges to legislature by 12/31/2013
Third Grade Reading Guarantee
• Exceptions to retention requirement
 – Limited English Proficient (LEP) students with
   less than 2 years in ESL program
 – Students whose IEP’s exempt them from
 – Students whose IEP’s or 504 plans show that
   they have received “intensive remediation” for
   two school years and who have been previously
   retained in any of K-3 and still have reading
Third Grade Reading Guarantee
• Exceptions to retention requirements (cont.)
 – Students who demonstrate acceptable level of
   performance on alternative standardized reading
   assessment approved by ODE; no judgment
 – Students who received intensive remediation for
   two school years, still are deficient in reading,
   and were previously retained in any of grades K-
   3 if student receives intensive reading instruction
   in grade 4
Third Grade Reading Guarantee
• Intensive reading instruction defined as
  “altered instructional day” which includes:
 – Specialized diagnostic information
 – Specific research-based reading strategies that
   have been successful in improving reading
• All retained third graders to receive
  instruction in specific field commensurate
  with achievement level
Third Grade Reading Guarantee
• Assess reading skills of each student in K-3 by
  September 30 of each year to identify students
  reading below grade level with:
  – State-developed diagnostic assessments in English
    language arts or
  – Comparable diagnostic tool approved by ODE
• Provide parental notice that student has been
  identified as having substantial reading deficiency
Third Grade Reading Guarantee
• Parental notice must include:
 – Description of current services being provided
   for student, as well as proposed supplemental
   services and supports
 – Explanation that student may be retained in 3
   grade if student fails to achieve state “cut score”
• District required to develop “reading
  improvement and monitoring plan” (RIMP)
  for each student reading below grade level
Third Grade Reading Guarantee
• Intensive reading instruction to be provided
  immediately following identification of a
  reading deficiency must include:
 – “Intensive, explicit, and systematic instruction”
 – Research-based reading strategies shown to be
   successful for low-performing readers
 – Instruction targeted at student’s identified
   reading deficiencies
Third Grade Reading Guarantee
• Reading improvement and monitoring plan:
 – Must identify student’s specific reading deficiencies
 – Must describe additional instructional services and
   support to be provided
 – Must include opportunities for parental involvement in
   those services and support
 – Must specify process for monitoring student’s receipt of
   services and support
 – Must state that student could be retained in third grade
   for failure to pass reading assessment
Third Grade Reading Guarantee
• RIMP must also provide during school day for a
  reading curriculum which:
  – Provides scientifically-based, reliable assessment
  – Includes initial and ongoing analysis of each student’s
    reading progress
• Each student who has RIMP and enters 3rd
  grade in 2013-14 or later must be assigned to
  teacher with passing score on “rigorous test of
  principles of scientifically-based reading
  instruction or has reading endorsement on
  teaching license”
Third Grade Reading Guarantee
• For each student retained in grade three
 – Intense remediation services until student
   reading at grade level
   • Must address areas of deficiencies
   • Must provide for at least 90 minutes of reading daily
   • May include small group instruction, reduced student
     -teacher ratios, or extended school day/week/year
 – “High quality teacher” as determined by
   teacher’s student performance data and
   performance reviews if available
Third Grade Reading Guarantee
• For each student retained in grade 3 (cont.)
 – Must offer option to receive services from other
 – Policy for mid-year promotion to fourth grade if
   student demonstrates proficiency in accordance
   with standards to be adopted by ODE
 – Does not require summer services but permits
   them to be offered in school, community center,
   or at home
Third Grade Reading Guarantee
• Required reporting includes:
 – Results of K-3 diagnostic assessments in reading and
   math to ODE; assessments not public records
 – Annually report on implementation of and compliance
   with 3rd grade guarantee
 – Requires ODE to issue annual report showing by
   district and school building:
   • Number & % of K-4 students reading below grade level
   • Types of intervention services provided
   • Evaluation of those intervention services
Third Grade Reading Guarantee
• Appropriation of $13 million (not General
  Fund money) in HB 487 for competitive
  grants to districts and community schools
  to support reading intervention
• SSPI and Governor’s Director of 21
  Century Education to issue report
  identifying additional funds that may be
  available to support assessments and
  Third Grade Reading
• The issue of sequestration of federal funds

• New concept in funding cut

• Would be effective in 2013-2014

• Estimates range from 7% to 16% reduction

• http://www.ode.state.oh.us/GD/Templates/Pages/ODE/
District/School Performance Ratings
• No changes and no task force!
• During admission process, school must provide
  copy of most recent building report card
• State board to develop separate report card for
  career-technical planning districts (CTPD’s)
  – To be issued for 2012-13 school year by September
    1, 2013
• Removes joint vocational school districts ranking
  of public schools according to academic
  performance and spending
         Teacher Evaluations
• Specifically exempts substitute teachers and
  those spending less than 50% of time providing
  student instruction
• Excludes students with 60 or more unexcused
  absences for school year from calculation of
  student academic growth
• Adds to authorized credentialed evaluators:
 – Employees of third party entity hired by employer to
   conduct evaluations
 – Peers if covered by peer review agreement
        Teacher Evaluations
• Only one annual evaluation of teachers on
  limited or extended limited contract
• Board may decide to have evaluation of
  “accomplished” teachers every two years
• Classroom observations
 – One for teachers rated as “accomplished” if
   board approves by resolution and teacher also
   completes project showing continued growth
   and practice at the “accomplished level”
        Teacher Evaluations
• Classroom observations (continued)
 – Two required for almost all other teachers
 – Three required for teachers on limited or
   extended limited contracts under consideration
   for nonrenewal
• Deadlines
 – May 1 for completion of teacher evaluation and
   May 10 for evaluation conference
 – June 1 for notice of nonrenewal to teachers
 – June 15 for assumption of acceptance of
        Teacher Evaluations
• Requirements to prevail over collective
  bargaining agreements entered into on or
  after effective date of SB 316
• Local board to adopt, in consultation with
  teachers employed by board, standards-
  based evaluation framework by July 1,
 – Must be based on state framework
 – State board may periodically update its state
   framework; requires SBE resolution
• Districts completing an evaluation of student
  with disability or undertaking development,
  review, or revision of IEP must send letter or
  electronic notice to parent and indicate that
  the student might be eligible for the Autism
  Scholarship or the Special Needs Scholarship
• School districts required to verify monthly
  resident students at community school
• Community school can adopt policy on number
  of documents required to identify district of
  residence for student
• Requires report by 12/31/13 (and annually
  thereafter) of number of students with
  disabilities who did receive a comprehensive
  eye examination (as required)
 – Data would be for 2012-13 school year
• “Law enforcement emergencies” added to
  definition of calamity days
• Makes school district implementation of body
  mass index (BMI) screening program optional
 – Would eliminate waiver after effective date
• Permits school district to admit child not yet
  required age to kindergarten or first grade in
  accordance with district’s acceleration policy
 – District would be required to evaluate child for
   early admission upon referral by district’s
   educator, a preschool educator who knows the
   child, or pediatrician or psychologist who knows
   the child, or parent/guardian
 – Eliminates current pupil personnel services
   committee which currently makes those decisions

• Transition plan for students with disabilities to
  begin with IEP developed when student is 14
  years of age rather than 16

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