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 

A BILL
To amend section 3302.036 of the Revised Code and 1
Section 13 of Am. Sub. H.B. 487 of the 130th 2
General Assembly to provide a three-year 3
performance rating safe harbor for school 4
districts and schools, to provide a three-year 5
student academic growth rating safe harbor for 6
teacher evaluations and when making decisions 7
regarding teachers' employment and compensation, 8
and to declare an emergency.9


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 years69
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 section77
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