PDQ February 2018

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In this issue: Business advisory council standards • Updated guidance on homeless students and dispute resolution procedures • Revised rule for emergency management plans and tests • OhioMeansJobs-Readiness Seal • Drug testing changes for CDL drivers implemented • Changes to administrative code impact attendance policies • Ohio Department of Health recognizes tobacco-free schools • Sample policies included with this issue

Business advisory council standards

by Kyle E. Lathwell, policy consultant

Ohio Revised Code Section (RC) 3313.82 requires every school district and ESC to establish a business advisory council, except that a school district may enter into an agreement with its ESC to have the ESC business advisory council represent the district’s business.

House Bill (HB) 49, the most recent biennial state budget bill, enacted RC 3313.821, requiring the superintendent of public instruction, in consultation with the Governor’s Executive Workforce Board, to establish standards for the operation of business advisory councils. In December, the Ohio Department of Education (ODE) released the standards, which provide information on the following topics:

Duties of business advisory councils, including:
- the purpose of a business advisory council;
- the role of a business advisory council.
Establishment of a business advisory council.
Bylaws and organization of a business advisory council.
Selection of members, including information on:
- conflicts of interest;
- size of business advisory council;
- terms of service.
Operating a business advisory council, including information on:
- district point of contact;
- officers — selection and duties;
- Sunshine Laws;
- orientation of new members;
- council activity;
- frequency of meetings;
- subcommittees;
- amendment of bylaws.
Developing a business advisory council plan.
Submitting a joint statement.

Districts should review the standards as they review and develop their business advisory council. Let’s look more closely at the standards related to business advisory council plans and the required joint statement.

Business advisory council plans
State law requires each business advisory council to work with its board of education or ESC governing board to develop a written plan. The plan should be revised and updated annually. State law requires that annual plans be filed with ODE, which will coordinate submission through its Security Application for Enterprise (SAFE) web portal. The annual plan must at least address how the council will make recommendations to the board of education or ESC governing board on the following items:

delineating employment skills and developing curriculum to instill these skills;
changes in the economy and job market and the types of employment in which future jobs are most likely to be available;
developing a working relationship among business, labor and education personnel.

State law does not identify the specific events, activities or programs required to meet these objectives. However, the standards encourage councils to consider incorporating a fairly detailed list of elements into their plans.

Joint statement submission
State law requires each council and its district board or ESC governing board to issue a joint statement annually by March 1. This statement should report progress on work outlined in the council’s plan for that year, summarize actions taken and actions pending, and specify how the board and council have fulfilled their respective responsibilities under the law. The standards identify a minimum list of items the joint statement should include.

ODE and the Governor’s Office of Workforce Transformation recommend posting the joint statement on the district’s website. The standards document suggests that school boards or ESC governing boards consider creating a web page dedicated to the council’s work as a helpful tool for posting this required statement as well as sharing council information and any council recommendations.

Timeline
In addition to the standards, ODE developed a next-steps document for districts and ESCs. One component is a timeline for implementation. Following is the timeline provided by ODE:

June 30 — Districts review or establish business advisory councils.
Sept. 30 — Districts and business advisory councils develop the required plans and submit it to ODE through SAFE.
March 1, 2019 — Districts and business advisory councils publish first joint statement on accomplishments.

Districts may be ahead of the ODE timeline but, at a minimum, should comply with this timeline.

Policy implications
Policy BCFA, Business Advisory Council to the Board, has been updated to reflect the recently released business advisory council standards and is available for download with this PDQ issue. While not required, this policy helps outline your statutory requirements for establishing a business advisory council. Even if your district has an agreement in place to use your ESC council, this policy still is helpful, as it reiterates what the district is doing through the ESC and outlines your parameters if you choose to use your own council in the future.

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Updated guidance on homeless students and dispute resolution procedures

by Kenna S. Haycox, senior policy consultant

The McKinney-Vento Homeless Assistance Act, as reauthorized by the Every Student Succeeds Act, establishes district obligations for identifying and serving students who are homeless. Changes took effect in December 2016, and districts should be implementing the updated requirements. The Ohio Department of Education (ODE) recently released updated guidance for districts on serving this student population and also updated its dispute resolution procedure.

Review the updated guidance document as a helpful summary and practical guide on your McKinney-Vento requirements. Some key areas of interest in the guidance document include:

professional development considerations;
identification;
best-interest determinations;
local liaison responsibilities;
considerations for students with disabilities;
transportation, including the requirement to transport students to extracurricular activities;
addressing nonacademic barriers;
allowable use of funds to support homeless students;
extracurricular participation;
helping students graduate on time;
dissemination of information on homeless students’ rights and more.

Dispute resolution process
Under McKinney-Vento, parents, guardians and unaccompanied youth must be provided with a dispute resolution process to address disputes regarding eligibility, school selection or enrollment. Enrollment is defined as “attending classes and participating fully in school activities.”

Each district must develop a dispute resolution procedure to establish a process for addressing these disputes under McKinney-Vento. ODE’s updated model dispute resolution procedure should be reviewed as you develop your local procedure.

While districts are not required to use the ODE model procedure, it is a helpful tool for developing your own procedure. At a minimum, your dispute resolution procedure must include the following:

If a dispute arises over eligibility, school selection or enrollment, the district or school must immediately enroll the child/unaccompanied youth in the school in which he or she is seeking enrollment, pending resolution of the dispute, which includes all available appeals.
Upon determination of eligibility, enrollment or school selection, the district must provide a written explanation of any decisions to parents, guardians or unaccompanied youth. This explanation must include the rights of the parent, guardian or unaccompanied youth to appeal such decisions.
The parent, guardian or unaccompanied youth will be referred to the designated local liaison. The liaison will carry out the dispute resolution process as quickly as possible after receiving notice of the dispute.

Your local liaison must guide the parent, guardian or unaccompanied youth through the local dispute resolution process and help him or her prepare for any appeals, which includes recording evidence to be used in writing an appeal if the parent, guardian or unaccompanied youth cannot do so.

When managing a dispute at the local level, the final decision must be communicated in writing. The ODE model dispute resolution procedure provides a sample form districts may use for this purpose.

If a dispute is unable to be resolved at the local level, it may be appealed at the state level, and the liaison must guide the party through this state-level dispute resolution process. The sample ODE forms provide parents with information on this state-level dispute resolution process.

When a dispute is filed with ODE, the state homeless education coordinator will request any necessary documentation, and the local liaison must assist in providing this information. ODE will make a final decision within 15 school days of receipt of all necessary materials.

The final decision will be provided to the district superintendent, building principal, local liaison, and parent, guardian or unaccompanied youth. The decision is final, and all parties must immediately adhere to it.

Policy implications
JECAA-R, Admission of Homeless Students (Enrollment Dispute Resolution Process), was added in November 2015 and based on the ODE model in place at the time. The ODE model has been significantly updated. As a result, a new version of JECAA-R, Admission of Homeless Students (Dispute Resolution Process), is available for download with this PDQ issue.

Districts should review and customize this regulation while keeping their statutory obligations in mind. Also, review the forms provided by ODE to see how you may want to incorporate them into your process. JECAA, Admission of Homeless Students, also has been updated to better reflect the definition of enrollment for homeless students and is available for download with this PDQ issue. Additional resources on serving homeless students are available on ODE’s website.

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Revised rule for emergency management plans and tests

by Kyle E. Lathwell, policy consultant

School boards and district administrators have much to consider when it comes to school safety and security. Previously referred to as school safety plans, emergency management plans continue to be a topic of great interest and importance.

Ohio Revised Code Section (RC) 3313.536 governs emergency management plans. Recently, the accompanying administrative rule, Ohio Administrative Code Section (OAC) 3301-5-01, was revised, and the new language became effective Nov. 17, 2017.

Emergency management plans
The rule states that emergency management plans should consist of four parts:

The emergency operations plan, a single document to address all hazards that may negatively impact the school. It also states that a hazard identification and risk analysis must be included, which is new. This portion of the rule:
- provides a definition of “hazards,” including bullying;
- sets out five mission areas;
- requires the plan to incorporate the access and functional needs of students, teachers and staff;
- requires the plan to incorporate education for students, staff and administrators to avoid, deter or stop an imminent crime or safety issue, threatened or actual;
- contemplates the use of door barricades or temporary door-locking devices;
- requires the plan to be updated and revised at least once every three years;
- requires the plan to include procedures for notifying law enforcement, firefighters, EMS, emergency management, mental health officials and other outside experts who could assist in responding to and recovering from an emergency.
A floor plan that is unique to each floor of the building.
A site plan that includes all building property and surrounding property.
An emergency contact information sheet.

The rule still requires districts to involve stakeholders in the plan’s development and still requires administrators to inform students and parents of the parental notification procedures included in the plan.

Emergency management tests
The new rule offers greater detail about the emergency management test required by RC 3313.536. The language is fairly specific and provides definitions for the various types of tests. It contemplates student involvement in the test, but it is not mandatory and is at the building administrator’s discretion. Parental consent is required if students are included in the test.

The rule also requires administrators to submit an “after action report” to the Ohio Department of Education no later than 30 days after the exercise, documenting six specific items.

The revised rule does not include the language, which previously allowed the superintendent of public instruction to discipline an administrator, as defined by RC 3313.536 (A)(1), for failing to comply with the applicable statute or rule. However, the language remains in the statute, so it still applies.

The superintendent of public instruction may still exempt an administrator from RC 3313.536 requirements if the superintendent determines that the requirements do not otherwise apply to a building or buildings under the control of that administrator.

Policy implications
Policy EBC, Emergency Management and Safety Plans, and Regulation EBC-R, Emergency Management and Safety Plans (Administrative Rules/Protocols), have been updated to make them consistent with revised OAC 3301-5-01. Both are included with this PDQ issue.

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OhioMeansJobs-Readiness Seal

by Kenna S. Haycox, senior policy consultant

Ohio Revised Code Section (RC) 3313.6112, as enacted by House Bill (HB) 49, requires the superintendent of public instruction, in consultation with the chancellor of higher education and the Governor’s Office of Workforce Transformation, to establish the OhioMeansJobs-Readiness Seal, along with the requirements and criteria for earning the seal.

Under RC 3313.6112, a school district, community school, STEM school, college-preparatory boarding school or chartered nonpublic school must affix the seal to the diploma and transcript of a student who meets the established requirements pursuant to the statute. The OhioMeansJobs-Readiness Seal also is one of the alternative graduation pathways options for the class of 2018.

The seal criteria were released in December, and the seal can be issued for any student in the class of 2018 and beyond. Resources are available here.

To earn the seal a student must:

Demonstrate and become proficient in each of the 15 identified professional skills. Proficient is defined as: “has a deep understanding, can achieve a high standard routinely, takes responsibility for own work, deals with complex situations, makes decisions with confidence and sees, overall, how individual actions include outcomes.”
Using the OhioMeansJobs-Readiness Seal form, record how he or she demonstrated each essential professional skill in at least two of three environments. The three possible environments are school, work or community.
Have each skill validated by a mentor. Three or more mentors must be involved in the validation process and must sign the form. Mentors are experienced advisers the student trusts. By signing the form, the mentor is recommending the student to a prospective employer or higher education provider.

The student is encouraged to obtain letters of recommendation from mentors. He or she also may engage in career-planning and career-readiness activities at http://ohiomeansjobs.com.

Students may begin earning the seal anytime during high school and can cite experiences from any point during their time in high school. The experience must be validated by a mentor who supervised the student during that time.

Policy implications
The criteria for the seal do not require any updates to OSBA sample policies. However, districts should review local materials to determine how to communicate the seal’s requirements and establish a process for affixing the seal to transcripts and diplomas when applicable. Also, work with students in the class of 2018 pursuing one of the alternative graduation pathways to see if this is the right option for them.

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Drug testing changes for CDL drivers implemented

by Kyle E. Lathwell, policy consultant

School bus drivers and others required to hold a commercial driver’s license (CDL) are subject to a drug- and alcohol-testing program that fulfills the requirements of federal regulations.

On Nov. 13, 2017, the U.S. Department of Transportation (DOT) published a final rule, 49 CFR Part 40 (Part 40), in the Federal Register. The final rule became effective Jan. 1.

DOT first published its drug-testing program regulation in 1988 as an interim final rule. The rule was based on the U.S. Department of Health and Human Services’ (HHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs, which, in part require cocaine and marijuana to be screened by federal agencies. Over the years, HHS has added additional substances to the drug-testing panel.

Since DOT is required to follow the HHS mandatory guidelines concerning the categories of drugs requiring testing, any change to those guidelines may prompt revisions to Part 40. This new revision is intended to harmonize Part 40 with the most recently revised HHS mandatory guidelines, which became effective Oct. 1, 2017.

Specifically, DOT has expanded the drug testing panel for CDL drivers to include four semisynthetic opioids, including hydrocodone, oxycodone, hydromorphone and oxymorphone. Brand names for these opioids include OxyContin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid and Exalgo.

For the new semisynthetics to be properly named, the new DOT panel and Part 40 have been amended to change “opiate” to “opioid.” Opiates, such as morphine and codeine, contain or are directly derived from opium. Opioids, such as oxycodone, produce similar effects but are not derived from opium.

In addition, the final rule adds methylenedioxyamphetamine as an initial test analyte and removes testing for methylenedioxyethylamphetaime.

Policy implications
Boards are required to adopt policies and procedures addressing federal and state requirements for drug testing specific to your transportation operations. Regulation EEACD-R, Drug Testing for District Personnel Required to Hold a Commercial Driver’s License, has been updated to reflect the Part 40 changes and is included with this PDQ issue. Policy EEACD, Drug Testing for District Personnel Required to Hold a Commercial Driver’s License, did not require any policy updates but is included for informational purposes.

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Changes to administrative code impact attendance policies

by Kenna S. Haycox, senior policy consultant

Ohio Administrative Code Section (OAC) 3301-69-02, which amplifies Ohio Revised Code Section (RC) 3321.04, was updated with a final effective date of Dec. 23, 2017. This code establishes parameters related to the excusal of students from school.

Under RC 3321.04 (B), the State Board of Education may adopt rules authorizing the superintendent of the district in which the child resides to excuse a child over 14 years of age from attendance for a future limited period for the purpose of performing necessary work directly and exclusively for the child's parents or legal guardians.

OAC 3301-69-02 establishes these rules. The recent revisions update terminology to hours from days and remove the reference to a designee of the superintendent for granting this excusal. Based on this, make sure the superintendent is granting these excuses, not another district official. Review the requirements in OAC for granting these excuses to ensure you are following the correct procedures.

OAC 3301-69-02 also outlines the reasons for which an absence may be classified as an excused absence. Once again, there is some cleanup related to the days-to-hours change, but there are two significant additions.

Absences due to a student’s placement in foster care or change in foster care placement or any court proceedings related to his or her foster care status and absences due to a student being homeless have been added to the list of excused absences.

These changes are important to know as you implement the new House Bill 410 attendance requirements. Make sure these absences are appropriately coded. As you implement all your attendance accounting, remember student attendance must now be tacked based on hours, not days or half days.

Policy implications
Policy JED, Student Absences and Excuses, has been updated to reflect the recent Ohio Administrative Code changes. Districts also should review and update other documentation, including student handbooks, to reflect the changes and make sure practice is in line with these recent revisions.

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Ohio Department of Health recognizes tobacco-free schools

by Kenna S. Haycox, senior policy consultant, and Taylor Kachmarik, Ohio Department of Health, Tobacco Program

The Ohio Department of Health’s (ODH) Tobacco Program is beginning to conduct its annual review of K-12 school tobacco policies. Throughout the year, the Tobacco Program contacts every district and provides it with its tobacco policy score and recommendations to improve the comprehensiveness of its policy.

When you receive these requests for your policies and scores from ODH, remember that the 100% tobacco-free models go above and beyond what is required by state law. This scoring is not indicative of whether your policies are in compliance with state law, but rather if they meet ODH standards for recognition as a 100% tobacco-free school.

ODH is beginning the review by reaching out to schools that have adopted the OSBA tobacco-free policies for students, staff and visitors. These policies are 100% tobacco free, and ODH would like to recognize those schools.

If your district has adopted all three of the following Version 2 OSBA policies, including language on electronic cigarettes, then your district is considered 100% tobacco free. The Version 2 policies are:

ODH aims to recognize schools that value protecting students and staff by adopting comprehensive 100% tobacco-free policies. School districts that have a 100% tobacco-free policy are listed on the ODH web page and eligible to receive 150 free lunch boxes to distribute to students and free tobacco policy signage.

If you have adopted the OSBA 100% tobacco-free policies, please contact Taylor Kachmarik (taylor.kachmarik@odh.ohio.gov) with the ODH Tobacco Program to receive updated scores.

Policy implications
Districts deciding to be 100% tobacco free should review and adopt GBK, No Tobacco Use on District Property by Staff Members (Version 2); JFCG, Tobacco Use by Students (Version 2); and KGC, No Tobacco Use on District Property (Version 2).

Districts that are not a 100% tobacco-free can use GBK, Smoking on District Property by Staff Members (Version 1); JFCG, Tobacco Use by Students (Version 1); and KGC, Smoking on District Property (Version 1).

No changes have been made to any of these policies, but all are available for download with this PDQ issue for districts that want to re-evaluate their tobacco polices.

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