Standards for Ohio Schools

Date: June 27, 1997

To: My constituents and other interested parties

From: Diana M. Fessler, Third District, Ohio State Board of Education

RE: Legislative Changes for Standards for Ohio Schools

The attached document contains an itemized list of proposed changes to the Ohio Revised Code. These changes must be made in order for the State Board of Education to officially adopt and implement the Standards for Ohio Schools regulations - in their present form.

Some of the proposed changes to the ORC will be attached to the Task Force school-funding bill. Such amendments may include sections dealing with performance accountability, continuous improvement, and EMIS reporting (tracking of individual students.

Others changes may be attached to the House version of Senator Watts' SB55 - a bill that deals with increasing the number of Carnegie Units required for graduation. Possible amendments to the bill are the sections below that deal with competencies, instruction new curriculum requirements, model curricula, proficiency testing, career passports, and new "exit" credentials.

A third possibility is that some free-standing legislation may be introduced to enact the remaining changes that were not included in either Watts' bill or the school-funding bill. Such a bill might include sections regarding pupil services, personnel, team teaching, and professional development, but these items could be inserted into the school-funding bill or SB 55.

The State Board of Education has authority to carry out all portions of the 103-page Standards for Schools document except the few needed changes that are listed in this document.

My added notes are in italic. Emphasis added unless otherwise noted].

________________ _________________________

May 2, 1997

TO: Standards Committee, State Board of Education

FROM: Claudia Speakman, on behalf of Legal/Legislative Team

RE: REVIEW OF NEEDED LEGISLATIVE CHANGES--Proposed Standards for Ohio Schools

In March 1995, the Legal/Legislative Team of the Standards Strategic Planning Committee was formed to review the proposed standards in light of existing statutes and determine whether changes to the Revised Code (R.C.) were needed. The team was chaired by Claudia Speakman, and members included representatives of all program areas of the proposed standards. An initial report was given to the State Board in December 1995.

The following report summarizes a subsequent review of statutes in light of the current proposed Standards for Ohio Schools. The report reflects the legislative changes needed to accomplish the education reform envisioned by the standards.

Rule 3301-35-02--Continuous Improvement [see page 5 (B) of the standards]

A statutory change is needed to authorize the State Board to require continuous improvement planning by chartered schools. This requirement is a new concept that lies at the core of the standards. A change is needed to R.C. 3301.07 for rule-authorizing language which would cover both public and nonpublic schools. [Section 3301.07 pertains to the duties of the SBE. To read the full text of current law see http://38.223.23.20/stacks/orc/title-33/home.htm on the World Wide Web.

Continuous Improvement is a major tenet of the philosophy of Total Quality. The practice of total quality is called Total Quality Management (TQM). Continuous improvement is a data collection cycle that links expected outcomes, instruction, assessment, and a consequence for meeting, or not meeting, the expected outcomes. This data-collection cycle is the heart of Outcome-Based, Performance-Based, and Competency-Based education. The focus is on the results or the product. Under TQ/Continuous Improvement, parents are suppliers of the raw material (the child). the school shapes the raw material, the child, into a product that meets the specifications required by the customer: government and/or business and industry. The result is that the parent is no longer the primary customer; they are merely suppliers of the raw material for production, i.e., the human resource.]

Rule 3301-35-03--Measurement and Assessment

This proposed rule will require a change in R.C. 3301.0715 related to competency-based education.[http://38.223.23.20/stacks/orc/title-33/sec-3301/home.htm.] This statute currently requires local assessment programs for competencies in the areas of composition, math, science, citizenship and reading only. The new standards include these competency areas and-add state-defined competencies in arts, business, family and consumer sciences, foreign language, health and physical education, social studies, and technology; and, vocational education competencies for learners in state-approved vocational education programs. [This is a shift from local to state control. In addition, currently only those areas covered by the state proficiency test were "competency-base." Under the new standards, students (now called learners) will be required to demonstrate the same competencies. The result is a standardization of the child rather than standardization of the curriculum. ].

This proposed rule will require a similar change in R.C. 3301.0716 as this section authorizes the State Board to establish model competency-based education programs for the competencies listed in R.C. 3301.0715. There is discretionary language in current R.C. 3301.0716 for State Board models in "...any additional area of study..." but it is recommended that the State Board seek specific authority to develop models for the competency areas in the new standards. [We can expect to see the discretionary language replaced by a clear directive for the SBE to establish a health and physical education model, etc.]

The new graduation requirements in Rule 3301-35-03 [see page 10 of the standards] will require changes to R.C. 3301.0710 (state proficiency tests) [http://38.223.23.20/stacks/orc/title-33/sec-3301/home.htm] and R.C. 3313.61 (diploma requirements). Currently, R.C. 3301.0710 requires that students who receive a diploma demonstrate "...at least ninth-grade levels of literacy and basic competency in reading, writing, mathematics, science, and citizenship." Proposed Rule 3301-35-03 [page 10 of the standards] will include achievement in the same proficiency test areas but at a higher level [read higher level as 10^th grade and /or twelfth grade] when more rigorous competencies are approved for testing by the State Board.

To reflect the higher expectations for earning a diploma in the proficiency test areas, R.C. 3301.0710 could be changed from "at least ninth grade levels of literacy and basic competency" to "at least high school levels of literacy and basic competency." Depending on the final wording for the change in R.C. 3301.0710, then R.C. 3301.0711 [http://38.223.23.20/stacks/orc/title-33/sec-3301/home.htm] relating to the administration of state proficiency tests may need a change.

In addition to passage of the proficiency tests, proposed Rule 3301-35-03 [see page 10 of the standards] requires the following before a learner is granted a diploma:

(1) Achievement of state-adopted intermediate level competencies, verified by local assessment in English language arts, mathematics, science, and social studies; and, in addition, vocational competencies for learners in state-approved vocational education programs;

(2) Achievement of state-adopted basic level competencies, verified by local assessment in arts, business, family and consumer sciences, foreign language, health and physical education, and technology;

(3) Achievement of state-adopted competencies, verified by local assessment, in a minimum of two additional areas, as guided by the learner's individual career plan, in any combination of

(a) intermediate level competencies in arts, business, family and consumer sciences, foreign language, and/or technology; and/or

(b) advanced level competencies in English language arts, mathematics, science, social studies, and/or vocational education; and

(4) completion of other local requirements.

R.C. 3313.61 [the diploma requirements] currently requires that a student complete the curriculum in any high school and pass the ninth-grade proficiency tests in order to receive a diploma. This statute will need amendment to reflect that learner achievement of the above-listed competencies is required for graduation. At this time, it does not appear that the proposed standards will require a change in either R.C. 3313.611 relating to adult education diplomas or, R.C. 3313.612 relating to diplomas from chartered nonpublic schools.

The proposed new graduation requirements may also necessitate a change to R.C. 3301.0714(B)(l)(n) to provide for reporting through EMIS the aggregate data for learners' achievement of state-defined competencies, locally assessed. [Current law - "B) The guidelines adopted under this section shall require the data maintained in the education management information system to include at least the following: (1) Student participation and performance data, for each grade in each school district as a whole and for each grade in each school building in each school district, that includes: (n) (n) For pupils in grades nine through twelve, the average number of Carnegie units, as calculated in accordance with state board rules;" The proposed EMIS reporting is probably the vehicle for individual tracking of students].

Rule 3301-35-04--Curriculum [see page 26 of the standards]

This proposed rule requires a change to R.C. 3313.60 as to [see http://38.223.23.20/stacks/orc/title-33/sec-3313see /] curriculum requirements. Such section requires that each board of education offer curriculum in:

(1) Language arts, including reading, writing, spelling, oral and written English, and literature;

(2) Geography, the history of the United States and of Ohio, and national, state, and local government in the United States...;

(3) Mathematics;

(4) Natural science;

(5) Health education, including instruction in nutrition, harmful effects of drug abuse, alcohol, and tobacco, venereal disease (student may be excused), and in grades K-six, instruction in personal safety and assault prevention (student may be excused);

(6) Physical education;

(7) The fine arts, including music;

(8) First aid, but student may be excused from cardiopulmonary resuscitation.

R.C. 3313.60 also requires completion of American history before ninth grade and the completion of American history and government in high school as graduation requirements. [Current law is explicit: The board of education of each city and exempted village school district, the governing board of each educational service center, and the board of each cooperative education school district established pursuant to section 3311.521 of the Revised Code shall prescribe a curriculum for all schools under their control." The proposed standards negate this section of current law].

Again, the above statute will require amendment to reflect the new curriculum requirements in proposed Rule 3301-35-04.[see page 26 of the standards]. Such rule requires a school district to ensure that all learners have access to challenging subject matter and opportunities to achieve competence in the: [Actually, the rules require considerably more than mere access and opportunity; students must demonstrate competency in order to graduate - see page 10 of the standards].

(1) Arts;

(2) English language arts;

(3) Foreign Languages;

(4) Health and physical education;

(5) Mathematics;

(6) Social studies;

(7) Business;

(8) Career planning;

(9) Family and consumer sciences;

(10) Technology; and

(11) Vocational education, when applicable.

Please see the attached chart "Comparison of Curricular Requirements." [Because of layout, this form is not included in this text].

Rule 3301-35-05--Instruction [see page 29 of the standards]

Proposed Rule 3301-35-05(B) (4) will require a change to R.C. 3313.607. This statute provides that a school district may assist a student with a written career plan, but must do so if the district receives state funding for developing individual career plans.

[Current law says," A) The board of education of any school district may provide assistance to any student to develop a written career plan. If a school district receives any state money appropriated for the purposes of this section, career plans developed utilizing these funds shall be completed prior to the end of the eighth grade year, shall identify career goals and indicate educational goals to prepare for those career goals, shall be updated periodically as students successfully complete high school coursework, and shall culminate in a career passport described by division (B) of this section."

(B) The board of education of any school district may provide an individual career passport to any student upon the successful completion of the coursework of any high school. If a school district receives any state money for the purposes of this section, a career passport shall be provided to each such student. Each such passport shall document the knowledge and skills of the student, including documentation of the student's coursework and any employment, community, or leadership experiences. Each such passport shall also list the competency levels the student achieved, disclose the student's attendance record, and identify the career credentials the student gained."]

The statute would need an amendment to reflect language of this proposed rule which requires each school district to provide each learner with the opportunity to develop an individual career plan. Further, R.C. 3313.607 will need amendment to reflect the requirement of Rule 3301-35-03(B)(4) that each district provide any learner the opportunity to complete an exit credential, such as the career passport. [See page 12 (4) - exit credential. This document is in addition to the diploma. The standards are silent regarding what a student must do in order to receive the new exit credential. Also note, the exit credential is something "such as" a career passport and not necessarily a career passport. Undoubtedly, whatever the final product looks like, or what it is called, it will be compatible with the national certificate, the Certificate of Initial Mastery.]

This rule will also require a change in R.C. 3301.07(D) to give the State Board the authority to require a district-wide pupil services program to support learners with services listed in proposed rule 3301-35-05 (B) (7). [See page 31 of the standards]. These listed services are: intervention, assessment, diagnosis, counseling, guidance, therapy, and health. These services are broader in scope than the school guidance services and counseling services required in current minimum standard 3301-35-03(H). Such standard [only] requires school guidance services including (1) aid regarding educational, career, civic, personal and social concerns including the harmful effects of drugs, alcohol, and tobacco; and (2) appraisal, counseling, educational and career planning, referral, and staff consultations. [The state budget bill (H.B. 215) just made provision for social service providers to dispense their services in any rooms in which pupils regularly assemble. Classrooms are being transformed from a places of teaching and learning to a social services dispensaries, i.e., school-based health clinics.]

Further, current minimum standard 3301-35-03 defines educational service personnel as counselors, librarians, school nurses, visiting teachers, and elementary art, music, and physical education teachers. Even though such personnel must be employed by school districts to provide services to students, there is not clear statutory authority for the State Board to require districts to provide district-wide pupil services programs. [See page 50 (c) of the standards].

Rule 3301-35-06--Personnel

The language in proposed 3301-35-06 (B) (2) [see page 49 of the standards] will require a change in licensure statutes to allow integrated instructional programs where an individual who does not hold the required license may still teach a child, as a member of a team, when an individual on the team does have the required license. This could be accomplished by adding an exception to R.C. 3319.36 which currently has two exceptions to the requirements of R.C. 3319.30, which prohibit any compensation to a person who performs duties as a teacher and does not hold the appropriate license for the position. [See page 50 (c) regarding the "team" approach to providing students with pupil services, i.e., assessment, intervention, diagnosis, counseling, guidance, therapy and health services designed to facilitate learner achievement - page 2 (R)]

Proposed rule 3301-35-06(B)(4) [standards - page 49] requires a full-time principal for each school with fifteen or more full-time equivalent classroom teachers. This requirement exceeds current statutory authority even though it is the same requirement as the 1983 standards. R.C. 3319.02(B) states that a board of each city, exempted village, and local school district shall employ principals for all high schools and for such other schools as the board designates. Thus, [currently] beyond the statutory requirement for a principal in each high school, the hiring of other principals is at the discretion of the board of education.

Rule 3301-35-07--Professional Development

The language in this proposed rule will not require any statutory change because of the authority for local professional development committees in R.C. 3319.22(C) (Substitute Senate Bill 230), [recently enacted] which authorized the new teacher licensure standards.[Section 200-417 of the stage budget bill: Funds "shall be used by the department of education to develop a statewide comprehensive system of twelve professional development centers that support the state's systemic reform agenda and local educators' ability to effect the necessary changes. The centers will develop and support local instructional leaders in the delivery, management, and evaluation of performance-based education . . ." ]

Rule 3301-35-08--School Environment Health & Safety Assurance

There is no legislative change required.

Rule 3301-35-09--Learners and Parents

There is no legislative change required.

Rule 3301-35-10--Chartered Nonpublic Schools

The rule proposes that the Superintendent of Public Instruction may grant exceptions or waivers for chartered nonpublic schools to operate outside certain education statutes and rules.

This would be an expansion of current statute R.C. 3302.07 which allows the State Superintendent, in accordance with rules adopted by the State Board, to waive certain education statutes and rules at the request of the board of a city, local, exempted village or joint vocational school district. The waiver request must relate to a district's proposed innovative education pilot program and may seek exemption from education statutes under Title 33 of the Revised Code, or any rule adopted by the State Board pursuant to that Title. However, a district may not request an exemption from certain laws, specified in R.C. 3302.07, relating to state teachers retirement, public school employees retirement, teachers, and special education programs.

Under the draft provisions of a new R. C. Chapter 3302 (discussed below under Rule 3301-35-11), the Superintendent's current waiver authority for public schools would be expanded to chartered nonpublic and special purpose schools. All chartered schools would have an opportunity to request exemptions in order to implement an innovative education pilot program or a local school improvement plan. Any request must relate to the same education statutes and rules mentioned in the above paragraph. In addition to the laws listed above that may not be exempted, the proposed Chapter 3302 would prohibit exemptions from statutes relating to the proficiency tests (both public and nonpublic schools); the reporting of information under the Education Management Information System (EMIS); and criminal background checks from employment of teachers and employees responsible for children.

Rule 3301-35-11--Performance Accountability

This proposed rule will require a change in law and draft provisions have been developed to replace the current Chapter 3302. of the Revised Code regarding excellent and deficient school districts. Please see the attached draft of Chapter 3302. This draft addresses performance indicators for schools and school districts; recognition of high performance and high improvement schools and school districts; implementation of corrective actions steps through the continuous improvement plan; state review; independent audits of schools and school districts; state takeover of a school district and return of control to the district; and exemptions from statutes and rules. The exemption provisions of the R.C. 3302. draft were discussed above under Rule 3301-35-10.

Rule 3301-35-12--Special Purpose Schools

See above discussion under Rule 3301-35-10 concerning the expanded authority for the State Superintendent of Public Instruction to consider waiver requests, including the ability of chartered special purpose schools to request a waiver.

Rules Related to Gifted Education

There is no need for new law or a change in existing statutes as to gifted education. This is primarily since the provisions in the proposed standards apply only to those programs receiving state units for gifted programs. However, if the State Board chooses [and it did] to extend the gifted program standards to all services provided to identified gifted learners, this would require amendment to R.C. 3313.21, which requires identification of gifted learners, and amendment to statutes regarding state funding of gifted programs, including R.C. 3317.024; 3317.05; and 3317.11. It would also have a significant fiscal impact.

Rules Related to Special Education

After review for consistency with the proposed standards, the team recommends technical amendments to the Revised Code and other amendments to specific statutes. Please see the attached copy of the recommended statutory changes. [The text is 23 pages long and not included in this file]. The following is a summary of such changes:

Technical Amendments to the Revised Code: (1) Revise all references to "handicapped child," "handicapped children," handicapped preschool children" to "child or children with disabilities," and "preschool child or children with disabilities"; (2) Revise all references reading "three to twenty-one" to "three through twenty-one;" (3) Revise all references to "child study" to "school psychological services" and "speech and hearing therapy" to "speech and language therapy."

Other Amendments to specific statutes:

(1) R.C. 3317.024, [The section of law relevant to the foundation program]. Additional appropriations. There are changes in terminology; no reduction of programs or services.

(2) R.C. 3317.05, Calculation of approved classroom units. There are changes in terminology; no change in services.

(3) R.C. 3323.02, [handicapped children] Appropriate public education programs. There are changes in terminology; no changes in services.

(4) R.C. 3323.03, Standards and procedures for identification, location, and evaluation [of handicapped children].

The recommended revision of R.C. 3323.03 deletes the requirement that the State Board require a board of education to consult with the county board of MR/DD or county mental health board to identify, locate, and evaluate children with disabilities. However, proposed standard 3301-35-03(B)(j)(i) [see page 11] requires school districts to consult with numerous agencies, including county boards of MR/DD and county mental health boards, for identification of children with disabilities.

(5) 3323.04 [Handicapped students] Procedures and standards for placement in educational programs. A change is made similar to the above-noted change for R.C.3323.03. Language is also changed to reflect the appointment of hearing officers in accordance with standards adopted by the State Board.

(6) 3323.06, State plan requirements; personnel development. There are changes in terminology; no changes in state plan requirements.

(7) 3323.08, Criteria for approval of plans; application for state funds. There are changes to focus on special education "services" rather than "programs." The other changes are for concise language.

(8) 3323.12, Home Instruction. The revised language clarifies the responsibility of the school district of residence for home instruction as related to children with disabilities.

(9) 3323.15, Board for nonresidents arranged. Delete this section as obsolete and not consistent with proposed standards.

Rules Related to Vocational Education

After review, there is only one minor statutory change required for the vocational education provisions of the proposed standards. R.C. 3303.03 is recommended for rescission since it is no longer applicable to the use of federal vocational education funds.

Chapter 119 and Administrative Rule Process

The State Board's goal is to adopt these standards in this calendar year. To accomplish this, the legislative changes requested in this report must happen either through legislation which is emergency in nature and becomes effective upon signature of the Governor, or, which provides an exception to the normal Chapter 119 rulemaking process. The latter was provided with the adoption of the teacher licensure standards last year.

The legislative exception to Chapter 119 would authorize the State Board to hold a public hearing on the standards prior to the effective date of the legislative changes mentioned in this report. Also, the rules procedure would be changed such that the standards become effective upon approval by the General Assembly through adoption of a concurrent resolution rather than the normal rule filing and review process which usually takes at least 90 days.

END

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