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TO:The Members of the State Board of Education
President Debe Terhar, Vice President Tom Gunlock, Chairman of the Operating Standards Committee, Ron Rudduck, Vice Chairman of the Operating Standards Committee, Sarah Fowler, Melanie Bolender, Debbie Cain, Mike Collins, Stephanie Dodd, Tess Elshoff, Joe Farmer, Cathye Flory, Ann Jacobs, Brad Lamb, Kathleen McGervey, Mary Rose Oakar, Dr. Mark Smith, C. Todd Jones, Rebecca Vazquez-Skillings, and A.J. Wagner.
FROM: Tim Katz, Executive Director of the Ohio Alliance for Arts Education (OAAE) and Joan Platz, OAAE Director of Research.
DATE: November 3, 2014
RE: OAAE Recommendations for OAC Rule 3301-35-05 (A) (3) Faculty and Staff Focus – Educational Service Personnel and Rule 3301-35-01 Definitions – Educational Service Personnel.
The Ohio Alliance for Arts Education (OAAE) thanks the Operating Standards Committee for discussing our recommendations regarding Rule 3301-35-05 (A) (3) Faculty and Staff Focus – Educational Service Personnel at the meeting on October 23, 2014.
We also understand that the Committee approved expanding the original eight categories of Educational Service Personnel in Rule 3301-35-01 (B) (11). This information was included in the minutes of the October 23, 2014 meeting of the Operating Standards Committee.
The OAAE has two main concerns regarding the revisions of Rule 3301-35-05 (A) (3) Educational Service Personnel and Rule 3301-35-01 (B) (11) Definition - Educational Service Personnel.
The OAAE does not believe that the revised Rule provides an adequate incentive for school districts to employ educational service personnel to support student learning, and the definition of educational service personnel now includes positions that might not require the employment of licensed teachers, which undermines the whole purpose of the Rule.
The OAAE therefore recommends that the State Board of Education restore the original OAC Rule 3301-35-05 (A) (3) Faculty and Staff Focus, with some changes, and restore thecurrent definition of Educational Service Personnel in Rule OAC 3301-35-01 (B) (11).
The OAAE appreciates this opportunity to share with you our two main concerns about the proposed Rules, and thanks the members of the State Board in advance for considering this request. The following are the OAAE recommendations with changes in the original Rule in red. A copy of the draft language approved by the Operating Standards Committee is included at the end of this document.
OAAE Recommendations:
•OAC Rule 3301-35-05 (A)(3): A minimum of five full-time equivalent educational service personnel shall be employed district-wide for each one thousand students in the regular student population.
Delete:….as defined in section 3317.023 of the Revised Code. (This section of law no longer applies to this rule.)
Educational service personnel shall be assigned to at least five of the eight following areas: counselor, library media specialist, school nurse, visiting teacher, social worker and elementary art, music and physical education. Educational service personnel assigned to elementary art, music and physical education shall hold the special teaching certificate or multi-age license in the subject to which they are assigned.
NEW: The number of educational service personnel employedby a district and school in each category shall be reported pursuant to section 3302.03 (G) of the Revised Code.
Delete: School districts receiving the school nurse wellness coordinator factor and school district health professional factor funds pursuant to section 3306.06 of the Revised Code shall give preference to hiring licensed school nurses. (This section of law has been repealed.)
•OAC Rule 3301-35-01 (B) (11) Definitions:"Educational service personnel" means individuals employed by a school district in one or more of the following positions: counselor, library media specialist, school nurse, visiting teacher, social worker, or specialists in elementary art, music, or physical education.
Rationale
•The Purpose of Rule 3301-35-05 (A) (3) Should Incentivize Best Practices
The original purpose of Rule 3301-35-05(A) (3) regarding Educational Service Personnel was to incentivize school districts to provide a comprehensive education program, including elementary art, music, and physical education teachers, and provide students with access to educators with additional expertise to support student learning, achievement, health, welfare, and success, such as librarians, school nurses, counselors, etc.
The original OAC Rule 3301-35-05 (A)(4) was at one time aligned to Ohio’s school funding formula, and provided a financial incentive (additional state funds) for school districts to employ educational service personnel. School districts were also penalized (lost state funds) for not meeting this requirement.
As the school funding formula changed over the years, the funding adjustments were eventually eliminated from law,leaving this section still in rule. (See Sec. 3317.023 ORC Adjustments to amount paid.)
Although the financial incentives have been eliminated in law, the OAAE supports the overall best practice that this rule promotes. We believe that it is important to include in operating standards language to encourage school districts to employ educators, such as library media specialists, nurses, elementary art and music teachers, counselors, etc., to provide student supports in and beyond the classroom. These supports often address barriers that prevent students from succeeding, and help students achieve their personaleducation goals, such as becoming an artist or musician.
The OAAE believes that the revised Rule, which does not include ratios or categories, does not adequately provide an incentive for school districts to employ educational service personnel. As a result, school districts might employ fewer educational service personnel, which could decrease the number of learning opportunities and support services for students.
The OAAE still supports our original recommendation, and requests that the State Board of Education conduct a study to revise the ratios. In the meantime, the OAAE recommends that the original language be retained with an added provision that the number of educational service personnel employed by a school district and school be reported on the local report card in each category, so that the availability of educational service personnel in the schools is made public. We believe that school districts that go to the extra effort to employ librarians, nurses, and elementary arts teachers should be recognized for providing a comprehensive education program, and the data collected on the report card could be used to determine appropriate ratios for educational service personnel in the future. The State Board of Education has the authority to collect and report additional information on the local report pursuant to section 3302.03 (G) of the Revised Code.
•The Definition of Educational Service Personnel in Rule 3301-35-01 Should Only Include Credentialed Educators
Educational Service Personnel are first and foremost licensed teachers with the knowledge and skills to support student learning.
The original categories of educational service personneleither referred to teachers who worked with students in the classroom, such as an elementary arts teacher, or to teachers who provided a service to students, such as a librarian, nurse, or counselor.
The revised Rule expands the definition to include important positions in a school, but not necessarily credentialed educators. For example, the definition now includes transportation supervisor, resource officer, data coordinator, etc.
The original purpose of the Rule 3301-35-05,to incentivize school districts to employ educators with expertise to support student learning and provide a comprehensive education program, is weakened when so many other positions are included in the definition, including positions that might not require a licensed teacher.
Current Draft Language Approved by the Operating Standards Committee
•Current Draft Language for Rules 3301-35-01 (B) (11) Definitions: Educational Service Personnel means individuals employed by a school district in one or more of the following positions: nurse, librarian or media specialist, guidance counselor, physical education, fine arts, social worker, title 1 coordinator, ESL specialist, school resource officer, director of athletics, EMIS – data coordinator, technology coordinator, transportation supervisor, interpreter, audiologist, adapted PE, exceptional children program director, ECP pre-school director, reading specialist, school food service director, school nutritionist, or facilities administration.
•Current Draft Language for Rule 3301-35-05 (A): Credentialed and classified staff shall be recruited, employed, assigned, evaluated and provided professional development in accordance to state and federal law.
(1) Each credentialed staff member shall hold the appropriate credentials for his/her assigned position. Copies of credentials appropriate to staff assignments shall be on file in the school district's administrative office.
(2) The ratio of teachers to students school district-wide shall be at least one full-time equivalent classroom teacher for each twenty-five students in the regular student population.
The ratio of teachers to students in kindergarten through fourth grade on a school district-wide basis shall be at least one full-time equivalent classroom teacher per twenty-five students in the regular student population.
(3) Educational service personnel are credentialed staff with the knowledge, skills and expertise to support the educational, instructional, health, mental health and college/career readiness needs of students.
(4) Every school shall be provided the services of a principal,
(5) Credentialed staff shall be evaluated in accordance with law applicable to their positions, including, but not limited to, sections 3319.01,3319.02, 3319.11 and 3319.111 of the Revised Code. Evaluation systems should align with state models and the Ohio educator standards (education.ohio.gov).
(6) Classified staff shall be evaluated at regular intervals. Evaluation results shall be discussed with the classified staff in evaluation conferences.
(7)Data shall be used to determine the amount and nature of faculty and staff professional development necessary to implement the school district's vision, mission, and strategic plan. (a) Professional development planning may include the identification of observable and measurable staff learning outcomes, the individual or group needs of faculty and staff to develop or improve the knowledge and skills necessary to address personalized and individualized student learning needs, a focus on closing the gap between student performance and the expectations for student performance, and identification of the resources necessary to support the professional learning outcomes, follow-up and evaluation. (b) Professional development for all faculty and staff shall continually be monitored, evaluated, and improved to align with school district goals and objectives and to meet the changing needs of students. Professional development for credentialed staff shall be provided.
(8) Teachers shall be provided sufficient time for designing their work, evaluating student progress, conferencing, and team planning. Time shall be established for teachers to pursue collaborative planning for the development of lesson plans, professional development, and shared learning. The schedule of full-time equivalent classroom teachers assigned to a school with a teacher day of six hours or longer, excluding the lunch period, shall include two hundred minutes per week for these purposes.
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