Bill Text: OH HB642 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: And Section 13 of Am. Sub. H.B. 487 of the 130th General Assembly to provide a three-year performance rating safe harbor for school districts and schools, to provide a three-year student academic growth rating safe harbor for teacher evaluations and when making decisions regarding teachers' employment and compensation, and to declare an emergency.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2014-10-20 - To Education [HB642 Detail]

Download: Ohio-2013-HB642-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 642

Representative Fedor 

Cosponsors: Representatives Clyde, Bishoff, Stinziano, Hagan, R., Lundy, Hood, Gerberry, Barborak, Mallory, Slesnick, Phillips, Ramos, Foley, Cera, Antonio, Patterson, Driehaus, Sheehy, Rogers 

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A BILL

To amend section 3302.036 of the Revised Code and

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Section 13 of Am. Sub. H.B. 487 of the 130th

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General Assembly to provide a three-year

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performance rating safe harbor for school

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districts and schools, to provide a three-year

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student academic growth rating safe harbor for

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teacher evaluations and when making decisions

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regarding teachers' employment and compensation,

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and to declare an emergency.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 3302.036 of the Revised Code be	10
amended to read as follows:	11

Sec. 3302.036.  (A) Notwithstanding anything in the Revised	12
Code to the contrary, the department of education shall not assign	13
an overall letter grade under division (C)(3) of section 3302.03	14
of the Revised Code for any school district or building for the	15
2014-2015 school year, may, at the discretion of the state board	16
of education, not assign an individual grade to any component	17
prescribed under division (C)(3) of section 3302.03 of the Revised	18
Code, and shall not rank school districts, community schools	19
established under Chapter 3314. of the Revised Code, or STEM	20
schools established under Chapter 3326. of the Revised Code under	21
section 3302.21 of the Revised Code for that school year. The	22
report card ratings issued for the 2014-2015, 2015-2016, and	23
2016-2017 school yearyears shall not be considered in determining	24
whether a school district or a school is subject to sanctions or	25
penalties. However, the report card ratings of any previous or	26
subsequent years shall be considered in determining whether a	27
school district or building is subject to sanctions or penalties.	28
Accordingly, the report card ratings for the 2014-2015, 2015-2016,	29
and 2016-2017 school yearyears shall have no effect in	30
determining sanctions or penalties, but shall not create a new	31
starting point for determinations that are based on ratings over	32
multiple years.	33

(B) The provisions from which a district or school is exempt	34
under division (A) of this section shall be the following:	35

(1) Any restructuring provisions established under this	36
chapter, except as required under the "No Child Left Behind Act of	37
2001";	38

(2) Provisions for the Columbus city school pilot project	39
under section 3302.042 of the Revised Code;	40

(3) Provisions for academic distress commissions under	41
section 3302.10 of the Revised Code;	42

(4) Provisions prescribing new buildings where students are	43
eligible for the educational choice scholarships under section	44
3310.03 of the Revised Code;	45

(5) Provisions defining "challenged school districts" in	46
which new start-up community schools may be located, as prescribed	47
in section 3314.02 of the Revised Code;	48

(6) Provisions prescribing community school closure	49
requirements under section 3314.35 or 3314.351 of the Revised	50
Code.	51

Section 2.  That existing section 3302.036 of the Revised	52
Code is hereby repealed.	53

Section 3. That Section 13 of Am. Sub. H.B. 487 of the 130th	54
General Assembly be amended to read as follows:	55

Sec. 13.  Notwithstanding anything in the Revised Code to the	56
contrary, the board of education of a school district, the	57
governing authority of a community school established under	58
Chapter 3314. of the Revised Code, or the governing body of a STEM	59
school established under Chapter 3326. of the Revised Code that	60
has entered into a collective bargaining agreement with its	61
teachers under Chapter 4117. of the Revised Code may enter into a	62
separate memorandum of understanding with the exclusive	63
representative of its teachers stipulating that the value-added	64
progress dimension rating that is based on the results of the	65
assessments prescribed under sections 3301.0710 and 3301.0712 of	66
the Revised Code administered in the 2014-2015 school year and is	67
used to assessshall not use the student academic growth ratings	68
issued for the 2014-2015, 2015-2016, and 2016-2017 school years	69
for purposes of teacher evaluations under sections 3311.80,	70
3319.111, and 3319.112, and 3319.114 of the Revised Code will not	71
be usedand shall not use the student academic growth ratings or	72
student growth data from those school years when making decisions	73
regarding the dismissal, retention, tenure, or compensation of the	74
district's or school's teachers.	75

As used in this section, "value-added progress dimension"	76
means the value-added progress dimension prescribed by section	77
3302.021 of the Revised Code or an alternative student academic	78
progress measure if adopted under division (C)(1)(e) of section	79
3303.03"student academic growth rating" means the measure of	80
student academic growth described in division (B) of section	81
3319.111 of the Revised Code.	82

Section 4.  That existing Section 13 of Am. Sub. H.B. 487 of	83
the 130th General Assembly is hereby repealed.	84

Section 5. This act is hereby declared to be an emergency	85
measure necessary for the immediate preservation of the public	86
peace, health, and safety. The reason for such necessity is to	87
timely ensure that school report card ratings do not result in	88
sanctions or penalties and student academic growth ratings do not	89
adversely affect teachers' evaluations, employment, and	90
compensation. Therefore, this act shall go into immediate effect.	91