PDQ August 2019

In this issue: Graduation requirements, state testing and more • Changes related to federal procurement • Changes to Ohio’s juvenile tobacco laws include vaping • Student Wellness and Success Funds and behavior-focused programs and services • Notice of excessive absences • Changes to safety and security tax levies • Career-technical program changes • Community school changes • House Bill 166 changes impacting personnel • Student discipline phase-in • Transportation changes • School breakfast program changes • Unused school facilities for property disposal requirements • Additional House Bill 166 changes • Sample policies included with this issue

Graduation requirements, state testing and more

by Kyle E. Lathwell, policy consultant

Recent years have presented districts with an ever-changing landscape when it comes to graduation requirements. House Bill (HB) 166, the state biennial budget legislation, effective Oct. 17, introduces new graduation requirements that are available for the classes of 2021 and beyond. The bill also included various changes that relate to this topic, and those items also will be covered in this article.

Graduation requirements
Students in the classes of 2021 and 2022 have the option to meet the new graduation requirements or one of the original three pathways to graduation: earning 18 points on seven end-of-course state tests; earning an industry-recognized credential or group of credentials totaling 12 points and earning the required score on the WorkKeys test; or earning remediation-free scores in math and English language arts on the ACT or SAT.

Students entering ninth grade for the first time on or after July 1, 2019, (classes of 2023 and beyond) must meet the new requirements in HB 166. The new graduation requirements consist of three main components:

Course completion — Students must complete the state minimum 20 units and any additional local expectations.
Competency — Take five end-of-course exams and achieve a “competency” score in both English II and algebra I or meet an alternative path.
Readiness — Students must earn at least two state diploma seals.

Course completion
Ohio law requires students to meet specific curriculum requirements to receive a diploma. Students must earn a minimum of 20 units in specified subject areas; however, districts may choose to require more units than the prescribed state minimums.

HB 166 added language to Ohio Revised Code (RC) 3313.603(E) stating that if a district requires a foreign language as an additional graduation requirement, a student may apply one unit of instruction in computer coding to satisfy one unit of foreign language. If more than one unit of computer coding is used to satisfy the foreign language requirement, the courses must be sequential and progressively more difficult.

Under current law, districts may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band or cheerleading for at least two full seasons. Under HB 166, starting with the 2019-20 school year, districts also may include show choir as another permissible activity that excuses a student from the high school physical education requirements. Students satisfying the physical education requirement through participation in one of the activities listed above still must complete one-half unit (60 hours) in another course of study.

Competency (end-of-course exams)
In addition to the curriculum requirements specified by the district, each student entering ninth grade on or after July 1, 2019, will be required to take five end-of-course exams in English language arts II, science, algebra I, American history and American government.

At this time, geometry also could be a required exam, however, per HB 166 (RC 3301.0712), the Ohio Department of Education (ODE) will seek a waiver from the U.S. Department of Education, allowing algebra I to be the primary assessment of high school mathematics. If this waiver is not received, the end-of-course exams will include geometry. ODE guidance suggests that for now districts should plan to administer the geometry end-of-course assessment to any student who is enrolled in a geometry course for the first time and has not already taken the test. The guidance also notes that ODE will communicate any changes about this requirement.

Of these exams, a student must only attain a “competency” score on the algebra I and English language arts II end-of-course examinations to qualify for a high school diploma. The law directs ODE, in consultation with the chancellor of the Ohio Department of Higher Education and the Governor’s Office of Workforce Transformation, to set a competency score for these exams by March 1, 2020.

Students who do not receive a passing score on one or both of the algebra I and English language arts II exams must be offered remedial support and must retake the applicable exam at least once. If the student fails to achieve a competency score on a retake exam, that student may demonstrate competency in that subject area through one of three alternative options:

College Credit Plus — Earn course credit through this program in the failed subject area.
Technical skill and career experience — Demonstrate competency by completing two of the following six options, one of which must be foundational:
- Foundational:
  - earn a score of proficient or higher on three or more state technical assessments in a single career pathway;
  - obtain an industry-recognized credential;
  - complete a pre-apprenticeship in the student’s chosen career field or provide evidence of acceptance into an apprenticeship program (for students who are 18 years old or older) after high school.
- Supporting:
  - complete a 250-hour, work-based learning experience with evidence of positive evaluations;
  - earn the OhioMeansJobs-Readiness Seal;
  - earn a workforce readiness score on WorkKeys.
Military readiness — Provide evidence that the student has enlisted in a branch of the military.

A student cannot be compelled to retake the algebra I or English language arts II end-of-course exams if he or she took the exam prior to ninth grade and was proficient or received a competency score.

For students receiving special education and related services under RC 3323, the individualized education program (IEP) developed for the student will specify the manner in which the student will participate in these assessments.

Readiness
In addition to the curriculum and competency requirements covered above, students must demonstrate that they are ready for what comes after high school. Newly enacted RC 3313.6114 establishes a system of state diploma seals to allow students to show their readiness for future careers, college and the military.

There are 12 seals. Nine are state-defined seals and three are locally defined. The locally defined seals require boards to adopt guidelines for what it takes to achieve the seal. Districts are required to develop guidelines for at least one of the locally defined state seals. Students must earn at least two diploma seals, with at least one of the seals being state-defined.

The ODE guidance document provides a detailed chart of the state diploma seals, including each seal’s requirements.

State-defined diploma seals:

OhioMeansJobs Readiness Seal
State Seal of Biliteracy
Industry-Recognized Credential Seal
College-Ready Seal
Military Enlistment Seal
Citizenship Seal
Science Seal
Honors Diploma Seal
Technology Seal

Locally defined diploma seals:

Community Service Seal
Fine and Performing Arts Seal
Student Engagement Seal

Districts are required to maintain appropriate records to identify students who have met the requirements of the diploma seals; must attach/affix the seals to the diploma and transcript of a student who meets the requirements; and must not charge students a fee for assigning a state diploma seal on their diploma and transcript.

ODE will prepare and deliver to each district an appropriate mechanism for assigning a state diploma seal.

Policy implications
Policy IKF, Graduation Requirements, has been updated to reflect these changes and is included with this PDQ issue. This policy often is customized, so districts should review all local materials related to graduation requirements to determine if any additional updates are necessary.

Additionally, ODE's guidance document makes clear that Curriculum Choice, or the Graduation Opt Out, expired with the class of 2019 and is no longer an option available for students. As such, all related language in policy IKF, Graduation Requirements was removed. IKF-R and IKF-E were also removed entirely.

Graduation plans
Newly enacted RC 3313.617 states that no later than June 30, 2020, each district board of education shall adopt a policy regarding students who are at risk of not qualifying for a high school diploma. The policy shall require the district to do all of the following:

Develop criteria for identifying at-risk students including:
- lack of adequate progress on a graduation plan;
- other factors, like excessive absences or misconduct.
Develop procedures for identifying at-risk students, including a method for determining if a student is not making adequate progress on a graduation plan. These procedures will allow for a student to be identified as at-risk in each of grades nine through 12.
Develop a notification process that:
- notifies the parent, guardian or custodian each year the student has been identified as at-risk;
- requires written notice that includes:
  - a statement that the student may not qualify to graduate;
  - a description of graduation requirements or the student’s IEP;
  - a description of any additional instructional or support services available to the student through the district.
Assist at-risk students with additional instructional and support services, which may include:
- mentoring;
- tutoring;
- high school credit through demonstrations of subject area competency under RC 3313.603(J);
- adjusted curriculum options;
- career-technical programs;
- mental health services;
- physical health care services;
- family engagement and support services.
Develop a graduation plan for each student enrolled in grades nine through 12:
- The plan must address the student’s academic pathway to meet district curriculum requirements and graduation conditions.
- The plan is developed with the student and district and is updated each year the student is enrolled until the student qualifies for a high school diploma.
- The parent, guardian or custodian must be invited to help develop/update the graduation plan.
- Lack of progress on a graduation plan must be included as criteria for identifying at-risk students and as a procedure for identifying the same.
- The plan supplements a district’s policy on career advising (RC 3313.6020);
- IEPs may be used in lieu of a graduation plan if they contain similar goals.

Policy implications
Since these policies do not have to be in place until June 30, 2020, we are not releasing a new model policy at this time. Once more guidance is available, we will revisit this policy requirement and provide specific policy recommendations.

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Changes related to federal procurement

by Kenna S. Haycox, senior policy consultant

The requirements of 2 Code of Federal Redulations (CFR) 200 — more commonly referred to as uniform guidance — apply to a district’s use of federal funds. All federal funds of the district must be managed in accordance with these regulations. The procurement provisions outlined in the uniform guidance require districts to comply with specific competitive bidding requirements and procedures once their expenditures reach a certain dollar amount. Many districts currently use federal funds to procure personnel services through their educational service center (ESC) and are reaching the threshold dollar amount with these contracts. Recognizing challenges that the federal procurement standards have caused for districts with these contracts, the legislature added language through House Bill (HB) 166, the state biennial budget legislation, to address this.

Specifically, HB 166 added language to Ohio Revised Code (RC) 3313.843 to provide that any school district, community school or STEM school that has entered into an agreement with an ESC is in compliance with federal law and exempt from competitive bidding requirements for personnel-based services, pursuant to the authority granted to the Ohio Department of Education (ODE), under federal law, provided that the ESC with which it has entered an agreement meets the following conditions:

posts on its website all of the services it provides and the corresponding cost for each of those services;
is designated as “high performing” under Ohio Administrative Code 3301-105-01(C)(2);
is found to be substantially in compliance with audit rules and guidelines in its most recent audit by the auditor of state.

We are waiting on additional information from ODE and Ohio auditor of state as to how this language can be implemented in accordance with federal guidelines. Additional guidance is necessary prior to implementing these new provisions.

HB 166 also made the following additional changes to RC 3313.843:

ESCs may enter into a contract to purchase or deliver supplies, materials, equipment and services on behalf of a school district that has entered into a service agreement with the ESC.
Purchases made by a school district under an ESC agreement for supplies, materials, equipment or services are exempt from competitive bidding. However, no school district may use this exemption if it has received bids for its purchase, unless it can demonstrate that its agreement with the ESC provides for a purchase under the same terms, conditions and specifications, but at a lower price.

What does this mean for you?
HB 166 will not take effect until Oct. 17, 2019. Districts should continue to follow current policies and procedures related to their use of federal funds to ensure they are in compliance with the uniform guidance. Also, remember that some of the changes outlined above are specific to personnel-based services purchased through your ESC agreement. Many other areas of use of federal funds, such as the school lunch program, are not addressed by these changes and must be made in compliance with federal rules.

We are continuing to monitor guidance related to these changes and will provide an update in a future PDQ issue or as a stand-alone alert once more information is available. If you want to revise your district’s policies and procedures prior to this, please work with legal counsel. For questions related to your overall uniform guidance requirements, please contact the author at (614) 540-4000 or khaycox@ohioschoolboard.org.

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Changes to Ohio’s juvenile tobacco laws include vaping

by Kenna S. Haycox, senior policy consultant

Electronic cigarettes and vaping continue to present challenges for schools and raise significant health concerns, especially related to the use of these devices by youth. House Bill (HB) 166, the state biennial budget legislation, increased the age at which individuals can purchase tobacco or tobacco products to 21. These changes, including the various definitions for tobacco and electronic cigarettes, took effect upon the governor’s signing. Although electronic cigarettes were added to Ohio’s juvenile tobacco laws in 2014, the definition of what constitutes an e-cigarette was revised under HB 166.

Under the revised definitions of Ohio Revised Code (RC) 2927.02, for purposes of Ohio’s juvenile tobacco laws (now for individuals under age 21), a “tobacco product” now means any product that is made or derived from tobacco or that contains any form of nicotine, if it is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, electronic smoking device, cigar, pipe tobacco, chewing tobacco, snuff or snus. Tobacco product also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, blunt or hemp wraps, and liquids used in electronic smoking devices, whether or not they contain nicotine.

Alternative nicotine products are now defined as “an electronic smoking device (previously electronic cigarette), vapor product or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to chewing, smoking, absorbing, dissolving or inhaling.” The definition of “electronic cigarettes” is replaced with a definition for “electronic smoking device” that is defined as any device that can be used to deliver aerosolized or vaporized nicotine.

Vapor products also are now defined in statute as a product, other than a cigarette or other tobacco product as defined in RC 5743, that contains or is made or derived from nicotine and is intended and marketed for human consumption, including by smoking, inhaling, snorting or sniffing. A vapor product includes any component, part or additive that is intended for use in an electronic smoking device, a mechanical heating element, battery or electronic circuit and used to deliver the product.

These definition clarifications are helpful for districts enforcing e-cigarette laws by clearly indicating “vaping” and vaping devices also are prohibited.

Policy implications
JFCG, Tobacco Use by Students, has been updated to reflect the changes in definitions. Version 1 reflects the minimum requirements under state law; version 2 reflects the 100% tobacco-free model some districts may have adopted.

Districts may still choose to regulate the use of e-cigarettes by staff and community members in the same way as regular cigarettes even though the law does not specify their regulation for adults. Policies GBK, Smoking on District Property by Staff Members (version 1); GBK, No Tobacco Use on District property by Staff Members (version 2); KGC, Smoking on District Property (version 1); and KGC, No Tobacco Use on District Property (version 2), also have been updated to reflect the changes in definitions and include permissive language for districts if they want to regulate the use of electronic smoking devices/vaping on district property by adults. Once again, the version 2 samples go beyond what is required by state law.

Vaping and e-cigarette use remains a hot topic for youth use. Recognizing this, there are various resources available for educating your students about these devices and health concerns associated with their use, particularly early use. The Ohio Department of Health’s Tobacco Use Prevention and Cessation program has helpful resources on Juul Labs Inc. and e-cigarettes

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Student Wellness and Success Funds and behavior-focused programs and services

by Jennifer A. Hardin, deputy director of legal services

In House Bill (HB) 166, the state biennial budget bill, the legislature included $675 million in funding over fiscal years (FY) 2020 and 2021 for “student wellness and success.” Ohio Revised Code (RC) 3317.26 provides Student Wellness and Success Funds for all city, local, exempted village and joint vocational school districts (JVSD). Student Wellness and Success Funds also will be provided to STEM schools and community schools, including internet or computer-based community schools.

The impetus for Student Wellness and Success Funds was Gov. Mike DeWine’s Children’s Initiative, which was developed to drive improvements in state programs serving children. The funds are intended to help schools provide wraparound supports addressing the social and emotional needs of students who are struggling with poverty, parental addiction, challenges at home and other issues. The governor’s original budget proposal earmarked $550 million for this purpose; the General Assembly increased the amount to $675 million in the final budget.

Student Wellness and Success Funds are earmarked for one or any combination of a range of initiatives described in RC 3317.26. The listed initiatives include mental health services; services for homeless or child welfare-involved youth; community liaisons; physical health care services; mentoring programs; family engagement and support services; professional development regarding trauma-informed care and cultural competence; student services provided at any time school is not in session; and City Connects programming. City Connects programming is a school-based system addressing out-of-school factors affecting learning in high-poverty urban schools.

RC 3317.26 requires each school or district receiving student wellness and success funds to develop a plan for using the funds. The plan must be developed with at least one of the listed community partners. Community partners can include:

boards of alcohol, drug and mental health services;
county boards of developmental disabilities;
city or general health district boards of health;
educational service centers;
community-based mental health treatment providers;
county departments of job and family services;
nonprofit organizations with experience serving children;
public hospital agencies.

The law also requires any school or district receiving Student Wellness and Success Funds to submit a report each fiscal year to the Ohio Department of Education (ODE) describing how the funds were spent. The form of the report is to be established by ODE.

The budget bill provides ODE with $275 million in Student Wellness and Success Funds in FY 2020 and $400 million in FY 2021. The funds are provided to districts and schools based on formulas. RC 3317.0219 requires ODE to compute a poverty percentage for each district by dividing the number of students under age 18 residing in the district who live in households with a family income below 185% of the federal poverty guidelines by the total number of children under age 18 residing in the district. ODE must then rank the districts by poverty percentage, from highest to lowest. This list must be divided into five groups or quintiles. Districts with the highest poverty percentage are in the highest quintile. The base per-pupil amounts for the funding are:

Quintile	Base per-pupil amount (FY 2020)	Base per-pupil amount (FY 2021)
Highest	$250	$360
Second highest	$200	$290
Third highest	$110	$155
Fourth highest	$50	$70
Fifth highest	$20	$30

Districts in the highest quintile receive the base per-pupil amount multiplied by the district’s enrolled ADM for the immediately preceding fiscal year. Districts in the second to fifth quintiles receive a scaled amount based on the calculation described in RC 3317.0219(B)(5). The scaled amounts are determined by a formula in RC 3317.0219(B)(4). For JVSDs, the formula is set out in RC 3317.163. The formulas for community and STEM schools are included in RC 3314.088 and RC 3326.42.

The minimum amount each district will receive is $25,000 in FY 2020 and $36,000 in FY 2021, unless the district or school had fewer than five students in the preceding calendar year. Each internet- or computer-based community school also will receive $25,000 in FY 2020 and $36,000 in FY 2021.

ODE is required to release funds to districts twice each fiscal year. The first payment in FY 2020 must be made no later than Oct. 31, 2019. The second payment must be made no later than Feb. 28, 2020. For FY 2021, the two payments must be made no later than Oct. 31, 2020, and Feb. 28, 2021.

ODE has created a webpage with resources to further explain student wellness and success funds. As more information is provided, OSBA will pass that information on to its members.

Behavior-focused programs and services
On a related topic, HB 166 requires each school district, community school and STEM school to file an annual report with the Ohio Department of Education (ODE), beginning in the 2019-20 school year, on its behavior-focused programs and services. Each report must include a description of the district’s or school’s prevention-focused programs, services and supports to help students develop knowledge and skills needed to engage in healthy behaviors and decision-making. The report also must include programs, services and supports to help students increase their awareness of the dangers and consequences of risky or harmful behaviors, such as substance abuse, bullying and suicide. ODE can use information included in the report as a factor in the distribution of funding for these services.

The report must include information for each building and for each grade served by the building. Among the items that must be included in the report are:

related curriculum and instruction provided during the school day;
programs and supports provided outside the classroom or school day;
professional development for teachers, administrators and other staff;
partnerships with community coalitions and organizations;
prevention services and resources to students and families;
school efforts to engage parents and the community;
activities designed to communicate with and learn from other schools or professionals with relevant expertise.

There are no required policies related to either student wellness and success funds or reports on prevention-focused programs, services and supports. However, districts should be aware of this new program and begin conversations at the local level as to the impact of this new funding on district initiatives.

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Notice of excessive absences

by Sara C. Clark, chief legal counsel

Ohio Revised Code (RC) currently defines an “excessively absent” student to be a student of compulsory school age who is absent “with or without legitimate excuse from the public school the child is supposed to attend for 38 or more hours in one school month or 65 or more hours in a school year.”

Ohio Administrative Code 3301-69-02 sets forth a number of acceptable reasons for excusing a child from attendance at school. The rule includes things such as the illness of the child, the death of a relative, a medical or dental appointment, a college visitation or observance of religious holidays. In addition to these formally recognized reasons, RC 3321.04(C) also allows school districts to adopt local policies identifying additional “good and sufficient reasons” justifying a child’s absence from school. The list of reasons for which students may be excused typically appears in policy JED, Student Absences and Excuses.

When a child meets the criteria for being deemed “excessively absent,” the school the child attends is required to notify the child’s parent, guardian or custodian of the child’s absences. This notification must be provided in writing within seven days after the date of the absence that triggered the notification requirement.

House Bill (HB) 166, the state biennial budget legislation, provided a modification to the definition of “excessively absent.” The new language in RC 3321.191(C)(1) specifies that only a student’s nonmedical excused absences and unexcused absences may be considered in determining whether a student is excessively absent. Any hours that a student is absent with a medical excuse should not be counted by the district in making this determination. This change may reduce the number of students deemed excessively absent, which would, in turn, reduce the number of notices that the district would be required to send.

Policy implications
As mentioned above, OSBA’s sample policy JED, Student Absences and Excuses, provides a model list of reasons for which students may be excused. Although no changes to this policy are necessary to bring it into compliance with HB 166, districts should review the policy and identify which excuses on the district’s list are “nonmedical excuses” and which are “medical excuses.” The district should also update any internal procedures surrounding sending the excessively absent notices to parents, guardians and custodians to ensure that medical absences aren’t being considered in determining whether the child meets the criteria for being deemed excessively absent.

Policy JEDA, Truancy, includes language discussing the notification requirement for excessively absent students. The policy has been updated to specify that only a student’s nonmedical excused absences and unexcused absences are considered in determining whether a student is excessively absent and is available for download with this PDQ issue.

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Changes to safety and security tax levies

by Jennifer A. Hardin, deputy director of legal services

House Bill (HB) 166, the state’s biennial budget bill, added a new provision to existing law allowing boards of education to propose property tax levies for school safety and security. Under the new provision, school districts can share the proceeds of a school safety and security levy with all chartered nonpublic schools located in the territory of the school district.

The substance of the law establishing the levy is unchanged. Ohio Revised Code (RC) 5705.21(A) allows a school district board of education to pass a resolution proposing a tax levy for the purpose of providing for school safety and security and submitting the levy to voters. Examples of uses for the proceeds of the levy include to:

make permanent improvements providing or enhancing security;
employ or contract for the services of safety personnel;
provide mental health services or mental health counseling;
provide training in safety and security practices and responses.

The resolution requires a two-thirds vote of the board of education for passage. It must include the purpose and specify the amount of the increase in rate and the number of years, up to five, during which the increase will be in effect.

HB 166 adds a provision allowing a school district proposing a safety and security levy to share the proceeds of the tax with all chartered nonpublic schools located in the territory. Chartered nonpublic schools are nonpublic schools holding a valid charter issued by the State Board of Education and meeting standards established in the Ohio Administrative Code. Chartered nonpublic schools receiving a share of the levy proceeds also must use the funds for safety and security purposes.

If a board of education chooses to share the proceeds of the levied taxes, its resolution and the ballot language must state the percentage of the proceeds to be shared with chartered nonpublic schools — the “shared amount.” Of the shared amount, each chartered nonpublic school will receive funds in proportion to the number of resident students attending that school compared to the total number of resident students attending all chartered nonpublic schools in the territory. A resident student is a student enrolled in a chartered nonpublic school in the district’s territory who also lives in the district’s territory and is entitled to attend school in the district.

The school district must create a fund into which all proceeds of the tax levy will be credited. At least twice each year, after tax settlements in February and August, the board of education must pay each chartered nonpublic school its proportion of the shared amount.

No policy updates are necessary to reflect these changes. However, districts should be aware of this new option and determine if any updates to local procedures are necessary in case the district chooses, when pursuing the levy addressed herein, to share the proceeds with chartered nonpublic schools.

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Career-technical program changes

by Van D. Keating, senior staff attorney

House Bill (HB) 166, the state biennial budget legislation, includes the creation of the Career-Tech Post-Secondary Credit Plan through newly enacted Ohio Revised Code (RC) 3333.167. Under this new provision, the chancellor of higher education, in collaboration with the superintendent of public instruction and with the assistance of specified stakeholders, is required to develop a statewide plan permitting a high school student enrolled in a career-technical planning district (CTPD) to receive postsecondary credit on a college transcript in a manner comparable to the College Credit Plus program for the completion of a course that is approved through either the Career-Technical Assurance Guide statewide articulation agreements or an articulation agreement between a CTPD and a state institution of higher education.

The specified stakeholder group shall include a representative from each of the following:

Ohio Association for Career and Technical Education;
Ohio Association of Career Technical Superintendents;
Ohio Association of Compact and Comprehensive Career Technical Schools;
Ohio Association of Community Colleges;
Inter-University Council of Ohio;
Association of Independent Colleges and Universities of Ohio;
other stakeholders determined appropriate by the chancellor.

The chancellor is required to implement the plan only if the chancellor and state superintendent determine it is appropriate to do so. The chancellor is required to submit the completed statewide plan to the governor; the Ohio House speaker and House minority leader; and president and minority leader of the Ohio Senate by June 30, 2020.

Temporary law also permits the superintendent of public instruction to form partnerships with Ohio’s business community to implement initiatives that connect students with the business community, increasing student engagement and job readiness. If such a partnership is formed, the initiatives must do all of the following:

support the career connection learning strategies included in model curriculum developed by the State Board of Education and workforce development entities;
provide an opportunity for students to earn high school credit or meet curriculum requirements in accordance with the State Board’s plan on subject area competency;
inform the development of student success plans for students who are at risk of dropping out of school.

OSBA will continue to monitor these new provisions and update subscribers as more information becomes available.

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Community school changes

by Sara C. Clark, chief legal counsel

House Bill (HB) 166, the state biennial budget legislation, made several changes applicable to community schools and their sponsors. Because several OSBA member districts sponsor community schools, and several community schools subscribe to this publication, we are providing a brief overview of these changes below.

Definition of conversion charter school
Ohio currently provides for two types of community schools: conversion community schools and startup community schools. Conversion community schools may be sponsored by any school district or educational service center (ESC) in the state. Startup community schools may be located only in a “challenged school district,” which is defined in Ohio Revised Code (RC) 3314.02. HB 166 clarifies that a conversion school that later enters into a sponsorship contract with an entity that is not a school district or ESC shall be deemed to be a startup community school at the time it enters into the new contract.

Community school sponsor evaluations
Under RC 3314.016, the Ohio Department of Education (ODE) is required to develop and implement an evaluation system annually rating and assigning an overall rating to each entity sponsoring a community school. Under the system, each sponsor receives a rating of “exemplary,” “effective,” “ineffective” or “poor.” Under HB 166, entities with an overall rating of “exemplary” or “effective” for at least three consecutive years will be evaluated by the department once every three years instead of annually.

Prior to the publication of the annual ratings for community school sponsors, ODE must provide sponsors with the opportunity to review the information used by ODE to determine the sponsor’s rating and to request an adjustment to the sponsor’s rating if it believes there was an error in ODE’s evaluation. Currently, RC 3314.016(B)(6) allows sponsors only to review and request adjustments on two specific components of the sponsor evaluation system. The revised language in HB 166 now authorizes sponsors to review and request adjustments on any of the evaluation components.

Sponsor verification
Currently, the sponsor of a community school must annually verify that the auditor of state has not issued a finding for recovery against a member of the governing authority, the operator, anyone who proposes to create a community school or any employee of a community school. HB 166 revises RC 3314.02(E)(2)(c) so that now the only employees that must be included on the sponsor’s verification report are those with responsibility for fiscal operations or authorization to expend money on behalf of the school.

Community school mergers
HB 166 created a new section, RC 3314.0211, allowing two or more community schools to merge upon the adoption of a resolution by the governing authority of each school involved in the merger. Under the new language, any merger shall take effect on the first day of July of the year specified in the resolution.

Not fewer than 60 days prior to the effective date of the merger, each community school involved in the merger must provide a copy of the resolution to its sponsor and notify ODE of the impending merger, the effective date of the merger, the school that will be designated as the “surviving school” and the entity that will sponsor the surviving school. The governing authority of the surviving community school must enter into a new contract with the school’s sponsor. Unless ODE is the sponsor, the sponsor may not assign its existing contract with a merging community school to the sponsor of the surviving community school, nor may it assume an existing contract from the sponsor of a community school involved in the merger.

The new statute clarifies that participating in a merger does not exempt a community school from the laws regarding closure, nor does it exempt the surviving school from report cards for any period of time. Instead, the statute specifically requires ODE to use all report card ratings associated with the surviving school, including those issued before the merger, when determining any matter based on report card ratings or measures.

The statute provides that there are two instances where a community school is ineligible to merge. The first is when one of the schools has met the performance criteria for required closure for at least one of the two most recent school years. The second is when the school has been notified of the sponsor’s intent to terminate or nonrenew the school’s contract.

Assurances and reports
Currently, RC 3314.19 requires the sponsor of each community school to annually provide a list of assurances to ODE not later than 10 business days prior to the opening of the school. HB 166 removes the annual reporting requirement and now only requires the sponsor to provide the assurances to ODE prior to the opening of the school’s first year of operation. If the school changes the building from which it operates, the sponsor must provide the assurances prior to the opening of the first year it operates from the new building.

The bill also added language requiring internet- or computer-based community schools to prepare and submit a report to ODE, in a time and manner prescribed by ODE, containing information about the school’s classroom size, the ratio of teachers to students per classroom and the number of student-teacher meetings conducted in person or by video conference. ODE also may identify other pieces of information that must be submitted as a part of the report. ODE must annually prepare and submit to the State Board of Education a report containing the reporting information it receives under the statute.

Closure criteria
HB 166 changed the number of years of underperformance, as measured by the state report cards, that triggers the closure of a community school. Under the bill, a community school that is not a dropout recovery school must receive an F on specified measures for three consecutive years before closure is triggered. Similarly, in the case of a dropout recovery school, the school must receive a designation of “does not meet standards” for the three most recent school years to trigger closure. Currently, the law only subjects a school to closure if the school received the substandard marks for two of the three most recent school years.

List of closures and ‘challenged’ districts
HB 166 created a new section, RC 3314.353, requiring ODE to publish, by Oct. 1 each year a list of:

community schools that have become subject to permanent closure;
community schools that are at risk of becoming subject to permanent closure based on their academic performance;
all “challenged school districts” in which new startup community schools may be located.

ODE is required to submit preliminary data on community schools at risk of becoming subject to permanent closure no later than July 31 of each year.

Policy implications
No updates are necessary to OSBA sample policies to reflect these changes. However, community schools and community school sponsors should review locally adopted policies and procedures, as well as sponsor contracts, to determine if any updates are necessary. Community schools also can contact an OSBA policy services consultant for assistance in updating locally adopted policies.

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House Bill 166 changes impacting personnel

by Van D. Keating, senior staff attorney

Teacher salary schedules
With the adoption of the new state biennial budget, House Bill (HB) 166, the legislature addressed a provision of Ohio law that basically has remained untouched for over 17 years — the state minimum teacher salary schedule. Found in Ohio Revised Code (RC) 3317.13, the minimum salary (BA-0) increases to $30,000 per year. Previously, the base salary was $20,000. The index and steps remain as currently set, but all dollar amounts are correspondingly adjusted higher.

Most public school districts in the state currently operate with a teacher salary index greater than the newly enacted state minimum schedule because of collective bargaining. For these districts, the new minimum schedule should not have any effect on teacher salaries. However, for any district whose teacher salary schedule — negotiated or not — falls below the new state minimum at any step, the district will have to increase salaries to meet the new salary threshold. For districts that have unions, the changes necessary to meet this requirement are subject to bargaining. Nonunion districts must adopt a new schedule meeting new state minimums.

Standard OSBA policies are not affected by this change in the law, although districts are advised to review any customized language they may have adopted. If the district’s teachers are represented by unions, the minimum teacher salary schedule might be referred to as a contract reference. Nonunion districts may have integrated a salary schedule into board policy and should review such language to ensure no updates are necessary.

Bright New Leaders for Ohio Schools
The state legislature made some important changes in the Bright New Leaders for Ohio Schools program, outlined in RC 33217.25. The new law repeals current RC 3319.271 and integrates language on the Bright New Leaders for Ohio Schools program into RC 3319.272. Under these provisions, economically disadvantaged funding can be used to employ individuals who successfully complete the Bright New Leaders for Ohio Schools program, which now is under Ohio State University’s Fisher College of Business and College of Education and Human Ecology. The provisions also require the State Board of Education to issue a professional (previously alternative) pre-K through 12 administrator license to those who complete the program.

No policy updates are necessary to reflect these changes.

Alternative resident educator license
The state budget includes provisions replacing the option for an alternative resident educator license applicant to meet pedagogical training requirements through a teacher preparation program summer training institute offered by a nonprofit organization and approved by the chancellor of higher education, with the option to complete the pre-service training provided to participants of a teacher preparation program approved by the chancellor. RC 3319.26 now applies the same criteria required of the summer institute program under current law to the pre-service training program.

New provisions modify the criteria required of the program by allowing participants to have either a cumulative undergraduate GPA of 2.5 out of 4.0, or its equivalent, or a cumulative graduate school GPA of 3.0 out of 4.0. It also permits (rather than requires, as under prior law) the chancellor to approve a pre-service training teacher preparation program that meets the program criteria.

The new laws addressing alternative resident educator licenses should not have any effect on existing local board policy and are provided for informational purposes only.

Computer science teacher licensure
Temporary section 733.61 of HB 166 permits school districts, community schools and STEM schools, for the 2019-20 and 2020-21 school years, to allow an individual who holds a valid educator license in any of grades seven through 12 to teach a computer science course if, prior to teaching the course, the individual completes a professional development program approved by the district superintendent or school principal that provides content knowledge specific to the course the individual will teach.

The district superintendent or school principal must approve any professional development program endorsed by the organization that creates and administers the national Advanced Placement examinations by the College Board as appropriate for the course the individual will teach. It also specifies that the individual is not permitted to teach a computer science course in a school district or school other than the school district or school that employed the individual at the time the individual completed the professional development program.

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Student discipline phase-in

by Kenna S. Haycox, senior policy consultant

In 2018, House Bill (HB) 318 revised provisions related to student discipline, specifically related to out-of-school removal for students in grades pre-K through three.

Under amended Ohio Revised Code (RC) 3313.668, no district or school is permitted to issue an out-of-school suspension or expulsion to a student in grades pre-K through three except as follows:

bringing a firearm or knife capable of causing serious bodily harm;
making a bomb threat;
committing a delinquency offense that causes serious physical harm to another person or property;
as necessary to protect the immediate health and safety concerns of the student, the student’s fellow classmates, the classroom staff and teachers or other school employees.

The legislature granted a phase-in for these provisions. To assist in this transition, discipline is broken down in to three types of offenses:

Type 1 — A serious offense for which suspension or expulsion is required or authorized by law.
Type 2 — An offense not classified as a Type 1 serious offense, but for which the school determined suspension or expulsion was necessary to protect the immediate health and safety of the student, the student’s classmates or the staff and teachers.
Type 3 — Any other offense not described above.

Using the numbers reported for the 2018-19 school year as a baseline, each district must reduce the number of Type 3 suspensions and expulsions, according to the following schedule, to be in compliance with the revised law:

2017-18 and 2018-19: 0% reduction in Type 3 suspensions and expulsions;
2019-20: 25% reduction in Type 3 suspensions and expulsions;
2020-21: 50% reduction in Type 3 suspensions and expulsions;
2021-22: 100% reduction in Type 3 suspensions and expulsions.

For the 2021-22 school year and going forward, all suspensions and expulsions for students in any of grades pre-K through three can only be for Type 1 or Type 2 offenses. Type 3 offenses should be at zero. Reporting after the 2021-22 school year will only be required if the Ohio Department of Education determines that continued reporting of the information is needed to effectively carry out the requirements of HB 318.

Last school year was the baseline year, and this is the first school year in which districts must begin to reduce the number of Type 3 suspensions and expulsions for students in grades pre-K through three. Districts should be aware of their baseline numbers are and what strategies are in place for reducing these out-of-school suspensions and expulsions by 25% this academic year.

Policy implications
Policies JGD, Student Suspension, and JGE, Student Expulsion, have been updated to include language related to the phase-in of the reduction in number of suspensions and expulsions for nonserious offenses for students in grades pre-K through three and are available for download with this PDQ issue.

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Transportation changes

by Kyle E. Lathwell, policy consultant

House Bill (HB) 166, the state biennial budget bill effective Oct. 17, includes a few changes impacting transportation for districts around the state.

Level of service changes
Every district aims to provide safe, efficient and economical transportation for its students. Ohio Revised Code (RC) 3327.01 is specific about the required minimum level of transportation services, but districts may choose to provide transportation services exceeding these state minimums.

Under current law, districts are able to change/reduce the level of transportation services provided to students during the school year. With the enactment of RC 3327.015, this flexibility is removed. This new section of law states that if a district is providing transportation to students beyond what is required under RC 3327.01, it will be prohibited from reducing that level of transportation after the first day of the school year.

Policy implications
District transportation services are effectively communicated to the public through transportation policies. Districts should make sure their policies are accurate and updated when things change at the local level. Policy EEA, Student Transportation Services, has been updated to reflect the new requirement set forth in law and has been included with this PDQ issue. Policy EEAA, Eligibility Zones for Pupil Transportation, did not require any updates but was included for informational purposes. Districts often customize these policies, so it is important to review any district-specific language to determine if any updates are needed.

Annual physical examinations
Under existing RC 3327.10, a bus driver cannot be employed by any district or educational service center (ESC) without receiving a certificate certifying he or she is at least 18 years old, of good moral character and qualified physically for the position. The ESC governing board or the district superintendent shall provide for an annual physical examination of each driver to ascertain the driver’s physical fitness for employment. HB 166 revises this section to authorize the following individuals to conduct annual physical examinations for bus drivers:

person licensed under Ohio law or by another state to practice medicine and surgery, osteopathic medicine and surgery or chiropractic;
physician assistant;
certified nurse practitioner;
clinical nurse specialist;
certified nurse-midwife;
medical examiner who is listed on the national registry of certified medical examiners established by the Federal Motor Carrier Safety Administration.

Policy implications
The legal update provided in this section of the article was provided for informational purposes and does not require a policy update.

Payment in lieu of transportation
HB 166 addresses the topic of payment in lieu of transportation in the temporary section of the bill. The language states that the minimum amount to be paid in lieu of providing transportation shall not be less than $250, which is not a change from the current minimum amount.

Policy implications
OSBA model policies do not specifically note the minimum amount to be paid as payment in lieu of transportation, so there is no policy implication.

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School breakfast program changes

by Kenna S. Haycox, senior policy consultant

House Bill (HB) 166, the state biennial budget bill, establishes new requirements for provision of school breakfast programs effective in the 2020-21 school year. While this program does not begin this school year, it is important to have a basic understanding of the new requirements for 2020-21 and beyond.

Under the provisions of newly enacted Ohio Revised Code (RC) 3313.818 public schools, community and STEM schools must offer breakfast to all students either before or during the school day if the following criteria are met:

2020-21 school year — applies to a school in which 75% or more of the enrolled students during the previous school year were eligible under federal requirements for free or reduced-price breakfasts or lunches.
2021-22 school year — applies to a school in which 60% or more of the enrolled students during the previous school year were eligible under federal requirements for free or reduced-price breakfasts or lunches.
2022-23 school year and beyond — applies to a school in which 50% or more of the enrolled students during the previous school year were eligible under federal requirements for free or reduced-price breakfasts or lunches.

The superintendent or building principal, in consultation with building staff, must determine the model for serving breakfast, and each breakfast served must comply with the federal meal patterns and nutritional standards. The board may charge a fee for breakfast offered under this program, in accordance with federal requirements, to cover all or part of the costs incurred in operating the program. RC 3313.818(C)(2) also provides that if a board of education determines that for financial reasons a school of the district cannot comply with these new requirements, or if the board already has a successful breakfast program or partnership in place, the board may choose not to comply with these new requirements.

The Ohio Department of Education (ODE) also is tasked with several requirements related to ensuring schools are in compliance and providing technical assistance where needed. The new provisions also require various reports by ODE related to the program. All of these obligations also are outlined in RC 3313.818.

Policy implications
OSBA will release policy updates reflecting the new RC 3313.818 requirements prior to the start of the 2020-21 academic year, but at this time, no policy updates are necessary. Districts should follow current law this school year as to whether school breakfast is mandatory, as outlined in RC 3313.813 and based on the federal law requirements. As a refresher, these requirements are that breakfast must be provided when at least one-fifth of the students are eligible under federal law for free meals or in every school in which the parents of at least one-half of the enrolled children have requested that a breakfast program be established.

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Unused school facilities for property disposal requirements

by Jennifer A. Hardin, deputy director of legal services

House Bill (HB) 166, the state biennial budget bill, made one small but significant change to the law governing the sale or lease of unused school facilities. Ohio Revised Code (RC) 3313.411 requires that a district offer “unused school facilities” for sale or lease to the governing authorities of any community schools, boards of trustees of any college-preparatory boarding schools and the governing bodies of any STEM schools located within the district’s territory. STEAM schools, which include arts curriculum, are considered a variety of STEM schools.

“Unused school facilities” are school real properties that have not been used for “school operations, including, but not limited to, academic instruction or administration” for a given period of time. Formerly, the time period was two years. HB 166 changes the definition by reducing the time period a district can maintain unused real property before it must offer it for sale or lease from two years to one year.

According to the Legislative Service Commission’s fiscal notes, the effect of this change gives community, college-preparatory boarding and STEM schools more opportunity to obtain space for operation and reduces school district operating costs to maintain unused buildings. However, it reduces the amount of time in which a district must decide how to use its buildings. If a school district has an unused property that it hopes to use in a different way, it must begin to reuse the property within one year, rather than two.

On a related topic, keep in mind there is an uncodified provision from the fiscal year 2018-19 budget bill (HB 49) regarding the sale of athletic fields that remains in effect through Dec. 31, 2019. The provision allows any city school district currently leasing an athletic field to the governing authority of a chartered nonpublic school to offer the field to the chartered nonpublic school before offering it for sale under the requirements in RC 3313.41 and 3313.413.

Policy Implications
While board policy on this topic is not required, many districts have adopted one. If your district has policy language governing the disposal or sale of unused district properties, you should review your locally adopted policy to see if any updates are needed. HB 166 is effective Oct. 17. If you currently have property that may qualify as unused property under the new definition, consult with your board’s legal counsel about the district’s options before the effective date. The note section of sample policy DN, School Properties Disposal, has been revised to reflect the new definition of “unused school facilities,” and is available for download with this PDQ issue.

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Additional House Bill 166 changes

Several changes stemming from House Bill (HB) 166, the state biennial budget bill, are addressed in more detail in other areas of this PDQ issue. Following are some additional changes impacting school district operations moving forward.

Consolidated school mandate report
Senate Bill 216 (2018) enacted Ohio Revised Code (RC) 3301.68, requiring the Ohio Department of Education (ODE) to establish, distribute and monitor a consolidated school mandate report for school districts. Each district must annually complete and file the report by Nov. 30. The report must require each district or school to denote “yes,” indicating compliance, or “no,” indicating noncompliance, with various items. HB 166 removed two items from this list that are no longer included in this specific report:

training on crisis prevention intervention;
establishment of a wellness committee.

Policy EFG, Student Wellness Program, has been updated to remove the reference to this report and is available for download with this PDQ issue.

Diploma of adult education
Under a portion of the appropriations for adult education programs, career-technical planning districts (CTPDs) must reimburse individuals, taking for the first time a nationally recognized high school equivalence exam approved by ODE, for the application fees, examination fees or both, in excess of $40, up to a maximum reimbursement of $80 per individual. CTPDs also must designate a site or sites where individuals may register and take an approved exam. A CTPD must make available and offer career counseling services, including information on available adult education programs for each individual registering for an approved examination.

While this change does not have any direct impact on standard OSBA sample policies, CTPDs should review the provisions to determine the local impact.

Athletics
International students
HB 166 included a small change to existing law related to international students and their ability to participate in interscholastic athletics.

RC 3313.5315 already allowed for international students attending an elementary or secondary school in Ohio to participate in interscholastic athletics so long as they hold an F-1 visa. HB 166 amended this section, and it no longer retains the requirement that these students attend a school with a dormitory.

This change does not implicate a policy change, as this particular topic is not specifically addressed in any OSBA policies; however, districts should review the local impact of this change to district-level documents and procedures.

Transfer rules
HB 166 enacts RC 3313.5316, requiring school districts and the Ohio High School Athletic Association (OHSAA) to have the same transfer rules for public schools and nonpublic schools. The law prohibits the adoption of any rule, bylaw or other regulation that is contrary to this law.

Policy IGDJ, Interscholastic Athletics, addresses the topic of transfers, however, because the language does not distinguish public and nonpublic schools, it does not require any updates. The policy does require that the rules, regulations and limitations outlined by OHSAA and state law must be followed. Districts should review locally adopted policies and procedures and student handbooks to determine if any local updates are necessary. We will monitor any guidance released by OHSAA to ensure no significant bylaw changes impacting policy are necessary.

Limited English proficient/English learner change
HB 166 changes all references from “Limited English proficient” to “English learner” throughout the revised code to align with federal law. Many OSBA policies were previously changed to reflect this update, but we did find a necessary update. Policy IKE, Promotion and Retention of Students, has been updated to reflect this terminology change and is available for download with this PDQ issue.

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