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

1

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

2 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

3 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.

4

• 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”

• n 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

• ther 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.

5

• 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 (1st grade for 2014-15,2nd grade in 2015-16, and 3rd 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.

6 Pre-Retention 2. Districts must assess the reading skills of each student in grades 1-3 each year and identify students reading below grade level (not on track) using the State-developed diagnostic assessment or similar diagnostic assessments from the list approved by ODE. The diagnostic results and interventions should be included in ETR data.

• 3. Sixty days after receiving the student’s results on the diagnostic assessment, a district

must develop a “reading improvement and monitoring plan” for each student reading below grade level. The reading curriculum used with a student must provide (a) intensive, explicit, and systematic instruction; (b) research-based reading strategies shown to be successful with low-performing readers; and (c) instruction targeted at the student’s identified reading deficiencies. A template plan is available on the ODE website under “Teacher Resources.” The template is

• ptional and the plans are to be individualized.

Retention 4. Retention of students in third grade begins with students entering third grade in 2013-14. School districts and community schools (district) are generally prohibited from promoting to the fourth grade students scoring below a certain “cut score” on the State third grade English language arts test. 5. For each student retained in third grade, intense remediation must be provided until the student is reading at grade level. The intense remediation (a) must address the areas of deficiency in reading; (b) must provide at least 90 minutes of reading instruction daily; and (c) may include interventions such as small group instruction; tutoring or mentoring; reduced student-teacher ratios; an extended school day, week, or year; or summer services.. Note that summer services are not required. 6. Exceptions from Retention a. Students with significant cognitive disabilities are exempt from all provisions of the third Grade Reading Guarantee, including retention. IEP teams should discuss this annually and , if the child is exempted, specify this in the IEP (Section 12-testing) for a child in any grade, K through 3. b. Exceptions to retention including for special education students whose IEPs exempt them from retention under the third grade guarantee. ODE has indicated that the exemption from retention decision process is similar to exemption from the consequences of the Ohio Graduation Test. The student (a) should be completing a curriculum that is significantly different from the curriculum completed by the other students who take the State third grade English language arts test or (b) requires accommodations beyond the allowable accommodations in OAC 301-13-03(H). ODE guidance indicates that this should be discussed by all IEP teams but stresses that exempting a student from retention may NOT be appropriate for all students and it is an

7 individualized IEP team decision. This is only an exemption from retention and all other provisions of the Third Grade Reading Guarantee apply. The decision to exempt the child from retention is documented in Section 12 of the IEP related to testing. 7. There are also other exceptions to the retention requirement if certain requirements are met including: a. Certain Limited English Proficient,(LEP) students b. Students who have an acceptable level of reading performance on an alternative standardized reading assessment (alternative to the State third grade English language arts test) approved by ODE. ODE has an approved list of alternatives. c. Students who received intensive remediation for two school years, still are deficient in reading, and were previously retained in any of grades K through 3 if the student receives intensive reading instruction in grade 4. Other Reading/Literacy Initiatives The Budget Bill provided provided funding in each fiscal year (FY 16 and FY 17) for ODE to work with Educational Service Centers to establish regional literacy professional development teams.

E. College and Career Ready – Post-Secondary Preparation for a Career is a focus of the Kasich Administration

1. In April 2011, Governor Kasich signed an Executive Order creating the Employment First Task Force, which is charged with promoting meaningful employment in the community for people with developmental disabilities. A component to this initiative was the amendment to ORC 3323.011(H) related to IEPs. The amendment required that an IEP, beginning with the first IEP to be in effect when the student is age 14 fully address transition including appropriate measurable post-secondary goals based on age-appropriate transition assessments related to employment in a competitive environment in which workers are integrated regardless of disability The age 14 provision is in effect, but the transition portion of the required IEP form has not yet been amended. 2. There is a focus of the Kasich administration to connect students to career paths, including introducing the idea of occupations as early as elementary school and better matching education and available jobs and skills as well as partnering with the business community.

8

3. HB 487 – Education MBR Career-technical education (3313.09) – was effective September 17, 2014 Requires city, local, and exempted village school districts to provide career-technical education to students in grades 7-12. If a board of education adopts a resolution that specifies the district's intent not to provide career-technical education to students in grades 7-8 for a particular school year, and submits the resolution to ODE by Sept. 30 each school year for which an exemption is sought, ODE must grant the waiver. ODE developed a guidance document and other materials for developing a middle school career- technical program. Use the search term “CTE middle grade programming.” The guidance proposes to begin the process by contacting a district’s career-technical planning district lead. A new middle school FAQ is also on the ODE website. Exposing middle school students to career options, allowing them to explore opportunities, and career advising to help them begin thinking about their education and that their career paths begin in middle school and not after high school graduation is the focus. 4. HB 487 – At-Risk Students and Career Advising –ORC 3313.6020 Beginning in the 2015-16 school year, boards of education, including joint vocational school districts, must adopt a policy on career advising, and must update the policy at least once every two years. The policy must be publicly available, and must be posted in a prominent location on the district’s web site. Beginning in the 2015-16 school year, districts must identify students at risk of dropping out using a locally-based method developed with input from classroom teachers and guidance

• counselors. Districts must develop a student success plan for students identified as at-risk of

dropping out, and provide career advising aligned to the plan. ODE has guidance and resource materials on its website for Career Advising ODE suggests the OhioMeansJobs website backpack (see below) can be used to implement some

• f the requirements

The Budget Bill established the Ohio Career Counseling Pilot Program. Four career centers and three comprehensive high schools/compacts will received funding to participate in a pilot program to provide additional career counseling to students and report findings to ODE and the legislature.

5. HB 107 which was passed by the legislature and was effective June 26, 2014, created a three year pilot grant program of one million dollars in tax credits for businesses identified as Career Exploration sites by the Ohio Development Services Agency (DSA) that employ high school students for at least 20 weeks and 200 hours of paid work instruction in career exploration internships. 6. HB 393 – Was effective 9/17/14 Required public high schools to publish or provide annually a career planning guide in its newsletter, high school planning guide, regular publication provided to parents and students or in a prominent location on its website to raise awareness of job opportunities, the career planning tool, and online education tools available through OhioMeansJobs website (what job skills/careers are needed in Ohio) which was launched this spring 2015. The guide must be published by April 1 of each year, beginning with

9 the 2014-15 school year. The decision guide is to include job profiles, pathways to careers, and cost comparisons for training. Requires the State Department of Job and Family Services with assistance from ODE to create and maintain an online career and education tools to help students develop a career and education plan. ODE is to distribute information to all public high schools by September 30 of each school year. The state tool links to the OhioMeansJobs website The goal is for OhioMeansJobs to be integrated into K-12 education and provide resources. ODE and ODJFS provide training. 7. State Initiatives

• a. Career Connections” is a K-12 joint initiative among the Governor’s Office of Workforce

Transformation, Ohio Board of Regents, and Ohio Department of Education Focus by Grade Level for students to develop a vision and realistic plan for their futures – College and career readiness

• i. Career Awareness K-5 – Students become familiar with careers and various types of work
• ii. Career Exploration 6-8 – Students explore their career interests, discover work environments

and understand the various aspects of the workplace. Various tools and instruments are used to help students understand and appreciate their strengths and interests. Students start plans for their future with career information and postsecondary education data. Plans include course selection and planning as well as career aspirations and goals.

• iii. Career Planning 9-12 and beyond – Students continue career exploration while focusing on

career planning. Activities provide hands-on opportunities in a workplace. Career planning strategies focus on making clear links between career options and educational decisions. Students develop the skills to use exploration and planning strategies as they have career changes throughout life.

• iv. Lifelong Learning related to careers
• b. OhioMeansJobs K-12 website tools

Career pathways for various career including job titles, salaries, job growth projection, tuition/educational cost, education required, secondary and postsecondary coursework needed Students can establish an individual account (backpack) with career cluster inventory scores, a career profile, information about career of interest and education and training options (information provided as to specific postsecondary education such as Columbus State Community College)

10 Budgeting Exercises tied in which target salaries for various occupations AP (Advanced Placement), PSAT, SAT, ACT, and GED test preparation – practice tests, and test-taking skill improvement Resume development Job search capability

• Career Exploration Internship and community Connectors – Funding to expand

mentorship and internship programs for students

• 8. Employment First initiatives – DD- community based

The Budget Bill created the Partnership with Opportunities for Ohioans with Disabilities. Provides $5 million each fiscal year for transition services and coordination of services for students with disabilities to increase the number of students receiving services and help them transition from school to work Ohio Transition Support Program (OTSP) – ODE and “Opportunities for Ohioans with Disabilities” are partnering to improve post-secondary outcomes for students with disabilities, beginning at age 14. Eligible students can be referred. For information contact the SST Transition Consultant or SST Career Technical Planning District consultant for your region. 9. The Budget Bill maintained the 22+ Diploma Program/ Adult Diploma Program (different than a GED) for students 22 or older to obtain a high school diploma- Students do not attend high schools but rather other entities such as community colleges. The Budget Bill continued funding and created a funding formulas for the current five pilot

• programs. The Budget Bill also pairs a high school diploma awarded by the State Board of

Education with an industry recognized credential. New planning grants for up to $250,000 will be available for up to five new pilot sites at community colleges or technical centers. The new programs are to be implemented in 2016-17. F. HB 264 – Diabetes Care in Schools – was effective September 11, 2014- ORC 3313.7112 Addresses the responsibilities of school districts with regard to students with diabetes in schools .

• 1. Requires boards of education to ensure that students who have diabetes receive appropriate

and needed diabetes care in accordance with an order signed by the student’s treating physician

• 2. 504 plan notification: Within 14 days after receipt of a signed order from the treating

physician of a student with diabetes, the board must inform the parent, guardian, or

• ther person having care or charge of the student that the student may be entitled to

a 504 plan regarding the student’s diabetes. ODE must develop a 504 plan information sheet for boards to use.

11

ODE has posted a “Draft” Sample Letter to Parents about 504 Plans and a “Draft” Sample Parent permission form for Section 504 evaluation

• 3. Medication administration: Diabetes medication may be administered by a school nurse,
• r, in the absence of a nurse, a school employee who is trained in diabetes care. Schools may
• nly administer medication when the requirements of current R.C. 3313.713(C) are met (board

receives a written request from parent and a statement with administration instructions signed by the prescriber, parent agrees to submit any revised prescriber statement, person authorized to administer the drug receives the prescriber statement, and the drug is in the original container). Contrary to the requirements of R.C. 3313.713, the diabetes medication may be kept in an easily accessible location

• 4. Employee training for diabetes care: ODE was required to adopt nationally recognized

guidelines for the training of school employees in diabetes care for students. To meet the needs

• f a student with diabetes, a board may provide training that complies with these guidelines to a

school employee at each school attended by a student with diabetes. The training must be coordinated by a school nurse, or by a licensed health care professional with expertise in diabetes. Training must take place prior to the beginning of the school year or within 14 days of receipt of a signed order from a treating physician. After training is completed, the board must determine whether each trained employee is competent to provide diabetes care. In June 2015, ODE posted guidelines related to training. The Guidelines for diabetes management are a link to US Department of Health and Human Services document, “Helping the Student with Diabetes Succeed: A Guide for School Personnel.” The Guidelines recommend three levels of training. Level one – All school personnel – Basic training that provides a general overview of diabetes, including how to recognize and respond to the symptoms of high and low blood glucose, and who to contact in an emergency. Level two-Classroom teachers, coaches etc. – Level one training plus additional training related to the individual rules and responsibilities of each staff member who has responsibility for students with diabetes and a review of student emergency care plans. Level three-In-depth training about diabetes and routine and emergency care for each student with diabetes, provided by a diabetes-training health care professional, such as the school nurse

• r another certified diabetes educator. This training should be provided to one or more school

staff members, who has been designated to receive such training. In June 2015, ODE also posted recommended diabetes training materials which can be used by school districts to meet the statutory training requirements. Districts are not required to use the ODE materials but they were developed from a “nationally recognized curricula” and are designed to meet Ohio’s statutory requirements. A number of topics are covered in the training materials such as a presentation related to “Diabetes Basics” which can be used with all school personnel to meet the Level one training requirements. Other topics include blood glucose monitoring, insulin administration, and diabetes management plans.

• 5. Rights of a student with diabetes: A student with diabetes must be permitted to attend

the school the student would otherwise attend, and diabetes care must be provided at the

• school. The school is prohibited from requiring or pressuring a parent or guardian to provide

diabetes care for the student at school or school-related activities

12

A student with diabetes must also be permitted to perform diabetes care tasks upon written request of the parent or guardian and authorization by the student’s treating physician. Such a student must be permitted to perform diabetes care tasks in a classroom, in any area of the school or school grounds, and at any school-related activity. The student shall also have access to a private area upon request, and must be permitted to possess all necessary supplies and equipment at all times The board may revoke the student’s self-care permission if the student performs any diabetes care tasks or uses medical equipment for purposes other than the student’s own care

• 6. Reporting requirements: Boards must report to ODE the number of students with diabetes

enrolled in the district and the number of errors associated with the administration of diabetes medication during the previous school year.

• Diabetes management survey – used to collect required information to submit to ODE

To find information on ODE website (search “diabetes management”:

• G. SB 121 Meningococcal Disease Immunization

Amends ORC 3313.671 to require pupils to be immunized at an age recommended by the Department of Health. During and after the 2016-17 school year, pupils at or above the recommended age cannot remain in school for more than 14 days unless the student is immunized or is in the process of being immunized. The current exceptions apply (including “reasons of conscience”)

III. Ohio Department of Education – Office of Exceptional Children A. “Whose IDEA Is This?” will be revised. A shorter document? Until a new version is released continue to use the current version with the required Addendum related to PR-01s. Won’t be available for the beginning of the 2015-16 school year. B. ODE/OEC has indicated that the guidance document is being updated and will be posted as it becomes available. It will likely be different than the current one with more links to information and less duplication. Won’t be available for the beginning of the 2015-16 school year. C. Revised special education forms? Portions of IEP Form no longer comply with requirements. D. Revised “Model Policies and Procedures?”

13 E. Restraint and Seclusion There is a State Board of Education model policy on positive behavior interventions and support and the use of restraint and seclusion and a regulation, 3301-35-15. Districts are to have a policy that, at minimum, complies with the regulation and State model policy. The policy must be on the District website. Reporting to ODE – district interpretations may be different There are advocacy groups wanting a state wide policy that applies uniformly to all state agencies. District annual reports of restraint and seclusion are due to ODE October 30. There is an update to the reporting instructions. F. Changes in the ODE monitoring system due to the changes by the US Department of Education monitoring of States. Each year, school districts receive a report on the performance

• f their special education programs, “Special Education Ratings.” The ratings were to be sent
• ut in August 2015. As in the past, measures of procedural compliance are the basis of the 2015
• ratings. Additionally, this year’s report will preview new measures of results for students with
• disabilities. Although the changes will not take effect until 2017, this year’s report will include

both the actual rating (based on procedural compliance only) and projected rating (a combination

• f two scores, procedural compliance and students’ results) to show the impact of the new

measures on district’s annual ratings. ODE has a video posted to explain the ratings and upcoming changes. ODE received its state rating on special education indicators from the US Dept. of Education – The US Dept. of Education had concerns regarding the high rates/numbers of students with disabilities graduating with modified requirements (requirements different from their peers), dropping out of high school, and taking alternate assessments. G. OEC’s System of Progressive Sanctions Policy. ODE is becoming more proactive in this area. ODE has the authority to withhold state and federal funds for noncompliance. Try to work with ODE to come into compliance. H. OEC is reviewing all of its alternative dispute procedures I. Doe case – Disability Rights Ohio J. Braille Two Local Braille Production Centers in school districts to be established. Application materials were due to ODE May 15, 2015

14 The Braille Authority of North America adopted the Unified English Braille to replace the current English Braille American Edition in the United States as one of the official Braille codes in the US. States to have most phases or plans to transition in place by January 4, 2016. Information on OEC website. K. OEC is hiring additional staff to focus on large urban districts (“Big 8”). L. ODE had a complaint filed regarding juvenile detention facilities (not DYS facilities) M. OEC is revising four rules related to DD schools, DYS, special education programs in state developmental centers and hospitals. The draft rules are on the ODE/OEC website and are

• pen for comments until October 5, 2015.

N. OEC issued guidance on September 10, 2015 related to adding or removing a related service on an IEP. ODE-OEC Memo #2015-1.