Legislative Update Student Issues October 2015 Presented by Susan - PDF document

Legislative Update – Student Issues October 2015 Presented by Susan Geary Bricker & Eckler LLP 100 South Third Street Columbus, Ohio 43215 (614) 227-2330 sgeary@bricker.com Columbus Cincinnati-Dayton Cleveland Marietta 1

Legislative Update – Student Issues Susan Geary Bricker & Eckler LLP October 2015 I. Federal A. Federal Funding and Congressional Priorities – an ongoing issue B. House and Senate passed bills to reauthorize and revise No Child Left Behind (ESEA); however, there are wide differences between the two bills C. Nothing proposed regarding IDEA reauthorization D. In July 2015, the US Department of Justice issued a Q & A regarding service animals. The information is available on ADA.gov. (Frequently Asked Questions about Service Animals and the ADA). This document is a supplement to the Department’s 2011 document “Revised ADA Requirements: Service Animals,” which is also on the website. E. There are several bills in Congress to amend FERPA (student records), including to address digital information and increase consequences/fines to districts that violate FERPA F. On July 6, 2015 the US Department of Education issued “Dear Colleague” guidance related to speech and language and autism. G. In July 2015 the US Department of Education (OESE and OSERS) issues a Q and A regarding English as a Second Language learners and disabilities. II. State A. Budget Bill – House Bill 64 Selected provisions as related to students - Special education per-pupil categorical amounts will increase 2% each fiscal year - K-3 literacy per-pupil funding will increase 5% each fiscal year – focus being able to read at grade level by the end of third grade - Funding over the two fiscal years to establish regional literacy professional development teams – ODE will work with ESCs - focus will be the Third Grade Reading Guarantee - $40 million in NEW funding for economically disadvantaged preschool students – In FY 17 will new half-day preschool “slots.” Collaboration and alignment is required between 2

ODE and Job and Family Services to focus on more full day preschool slots (the focus will first be on 4 year olds and the 3 year olds) - “Straight A” grant fund line item retained– 3317.52 - Funds grants to support school district innovation and cost saving measures for sustainable proposals to improve student achievement, reduce the costs of running a school district or drive more dollars to the classroom - Funding for “high-performing ESCs in FY 2017. ODE is to create an application process including evidence of reductions in client district expenditures and the creation of efficiencies - Competency Based Pilot Project – Creates a pilot project for grants for up to five schools and districts to transition to a system that advances students when they master material. The Budget Bill established the Ohio Career Counseling Pilot Program. Four career - centers and three comprehensive high schools/compacts will receive funding to participate in a pilot program to provide additional career counseling to students and report findings to ODE and the legislature. The Budget Bill allows students entering ninth grade for the first time on or after July 1, - 2015, who are pursuing a career-technical path the option of completing a “career-based pathway mathematics course” as an alternative to algebra II - B. Student Assessment and Graduation Requirements 1. State Testing System- Additional Student Considerations A new State testing system for students and school personnel to learn about Results from the tests will be provided to districts no later than June 30 Districts have the option to give students the tests on computers, in paper format, or using a combination of both formats in 2015-16. What will happen after this school year? Test “blueprints” in English language arts and math are to be available in September 2015 and sample test items in October 2015. Social studies and science sample items and blueprints with test specifications are already available. Prior legislation (HB 7) and the Budget Bill prohibit districts and schools from using student scores on State tests administered during the 2014-15, 2015-16, and 2016-17 school years as a factor in any decision to promote or retain a student or grant credit to a student (safe harbor). - This prohibition does not apply to the third grade English language arts test and the Third Grade Reading Guarantee. Students still will be required to reach the promotion score on the state test or an alternative test if they are not exempt from retention. 3

- Safe harbor does not apply to graduation requirements, but any student may retake any end of course exam at a future date during the student’s academic career at a time designated by the Ohio department of education. ORC 3301.0728 Also, existing graduation options are still available. 2. State tests and accommodations for students with disabilities Ohio’s new accessibility and accommodations policies will apply to all new state tests. ODE is in the process of finalizing these documents (August 2015). There will be no changes to the read-aloud policy implemented in the 2014-15 school year. IEP test accommodations need to match allowable accommodations, including for “read-aloud” on language arts tests In July 2015, ODE posted several new testing accommodation forms. One is for the optional use by districts related to documentation of the refusal of a testing accommodation by a student. The other is for optional use by a district to document a temporary “disabling” condition such as a broken arm. ODE just issued a new manual for Accessibility for Ohio’s State Tests. Other guidance is also available - new calculator guidance was issued by ODE September 23, 2015. C. Scholarship/Voucher Programs –four programs – can only use one at a time. Can apply for more than one, but cannot accept more than one 1. Educational Choice (EdChoice) Scholarship Program The Budget Bill increased the amount of the EdChoice Scholarship from $4250 to $4650 for K-8 students. For high school students, the amount increases from $5000 to $5900 in FY 2016 and $6000 in FY 17. a. For students attending schools in “academic watch” or “academic emergency” for two of the last three years or students attending schools in the lowest 10% of all buildings by performance score for two of the last three years. The Budget Bill placed limitations on the use of Report Card ratings for the 2014, 2015-16, and 2016-17 school years for identifying new buildings for the EdChoice Scholarship. The Budget Bill safe harbor provisions mean that no NEW buildings will be included in the program describe in 1(a) until the 2019-2010 school year. However, buildings that were eligible in the 2015-16 school year, based on report card grades from the 2013-14 school year, will continue to be eligible until that time. 4

b. An expansion of the program to apply to low-income students (at or below 200% of the Federal poverty level – about $46,000 for a family of four), regardless of the rating of the school (i.e., low-income students in an “excellent” school can apply). The program began with students who entered kindergarten in the 2013-14 school year, with the next grade higher added in each subsequent year (1 st grade for 2014-15,2 nd grade in 2015-16, and 3 rd grade in 2016-17). ORC 3310.032 c. “K-3 Literacy Voucher”- An expansion, beginning in 2016-17, to all K-3 students in a school building (not district) that has not met specified criteria in “making progress in improving K-3 literacy” in the measure that will be tied to the Third Grade Reading Guarantee that will be on the report cards. Applies to students in schools that received a D or F in two of the three most recent state report cards in this measure and has not received an A in this measure in the most recent report card issued prior to July 1 in the school year for which the voucher is sought. ORC 3310.03 Application of Budget Bill safe harbor provisions to 1( c)? 2. Cleveland Scholarship Programs 3. Autism Scholarship Program The Budget Bill, HB 64 increased the maximum amount of the scholarships from $20,000 to $27,000. 4. Jon Peterson Special Needs Scholarship Program The Budget Bill, HB 64 increased the maximum amount of the scholarships from $20,000 to $27,000. The previous Budget Bill required ODE to evaluate the Jon Peterson Scholarship and report to the legislature by December 31, 2015. The evaluation was to be conducted for the 2014-15 school year and is to include comments from parents, school district personnel, private providers, and educational organizations. D. Third grade reading guarantee 3313.608 1. ODE has a variety of guidance on its website. The “Third Grade Reading Guarantee Guidance Manual,” has some information specific to students with disabilities. There is also a brief document specifically related to students with disabilities on the ODE website, “Third Grade Reading Guidance for Students with Disabilities.” A new guidance manual was issued September 2015. 5