Legislative Update(and a Couple of Reminders)

Montgomery County 2012 Administrators’ Retreat

Presentation by BASAAugust 1, 2012

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 increments

• Days 11 and more – Must be made up but could be in half-hour increments; no contingency plan required

SB 342 – State Teachers Retirement System

• 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 System

• 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

retention– 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 deficiency

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 3rd 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

providers– 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 21st Century Education to issue report identifying additional funds that may be available to support assessments and interventions

Third Grade Reading Guarantee

• 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/ODEDetail.aspx?page=3&TopicRelationID=5&ContentID=129423

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

contract

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, 2013– Must be based on state framework– State board may periodically update its state

framework; requires SBE resolution

Choice

• 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

Miscellaneous

• 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

Miscellaneous

• 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

Miscellaneous

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