Open letter to my constituents: Proposed State Take-Over of Ohio Schools

Date: June 27, 1997

To: An Open Letter to My Constituents and Other Interested Parties

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

Re: Draft "School and District Performance Standards" ORC Chapter 3302

[The following text is being circulated by the Ohio Department of Education as a draft of proposed changes in the Ohio Revised Code. This document has been delivered to members of the General Assembly for their consideration. My comments are italicized; emphases are mine].

3302.01 Standards for school district and school building performance

As used in this chapter, "school district" means any city, local, exempted village, or joint vocational school district. "School building" means any building where students are provided instruction and assessment. Multiple buildings may be designated as a single "school building" only if the students' instructional day is divided between the different buildings.

The state board of education shall adopt rules for evaluating school district and school building performance. These rules shall include the following:

(A) Standards defining educational performance indicators. [See pages 91-98 of the Standards for Ohio Schools document].

(B) Minimum acceptable levels of school district and school building performance for each educational performance indicator. Such indicators and performance levels shall apply to both the general student population and to any appropriate subgroups including, but not limited to, race and gender.

(C) Standards for identifying and awarding high performance schools and districts based on high performance on the educational performance indicators adopted pursuant to paragraph (A) of this section.

(D) Standards for granting outstanding improvement awards to school districts and buildings which demonstrate substantial improvement on the educational performance indicators adopted pursuant to division (A) of this section.

(E) Procedures to identify annually each school district and school building that does not meet the minimum acceptable performance levels established pursuant to division (B) of this section.

(F) Standards defining satisfactory improvement toward meeting the minimum acceptable performance levels established pursuant to division (B) of this section for school districts and buildings identified pursuant to division (E) of this section.

§ 3302.02 Identification and recognition of high performance and outstanding improvement.

(A) The superintendent of public instruction shall report each year the names of all school districts and school buildings that demonstrate high performance in accordance with standards adopted pursuant to division (C) of section 3302.01 of the Revised Code.

(B) The superintendent of public instruction shall report each year the names of all school districts and school buildings that demonstrate outstanding improvement in educational performance in accordance with standards adopted pursuant to division (D) of section 3302.01 of the Revised Code.

3302.03 Districts and buildings not meeting minimum performance levels.

(A) The superintendent of public instruction shall notify any board of education operating a school district or school building that does not meet or exceed the minimum acceptable performance levels adopted pursuant to division (B) of section 3302.01 of the Revised Code.

(B) The superintendent of public instruction shall, in accordance with rules adopted by the state board of education, determine whether any school district or school building identified in division (A) of this section requires immediate intervention by the department of education.

(C) If the superintendent of public instruction determines under division (B) of this section that a school district or school building requires immediate intervention, the state superintendent of public instruction shall take action pursuant to section 3302.05 of the Revised Code.

(D) If the superintendent of public instruction determines under division (B) of this section that a school district or school building identified under division (A) of this section does not require immediate intervention, the superintendent of public instruction shall notify the board of education operating the school district or school building that the board shall be subject to the requirements of section 3302.04 of the Revised Code.

3302.04 Implementation of locally developed and approved corrective action steps

In accordance with rules adopted by the state board of education, the board of education of a school district or school building identified under division (D) of section 3302.03 of the Revised Code shall immediately develop, document, and implement corrective action steps designed to improve performance on each indicator for which the minimum performance level was not met pursuant to division (B) of section 3302.01 of the Revised Code.

(B) After a period of not more than one full school year following the school year of notification under division (A) of section 3302.03 of the Revised Code, the state superintendent of public instruction shall determine whether the district board demonstrates satisfactory improvement toward meeting the minimum performance levels for each educational performance indicator pursuant to division (F) of section 3302.01 of the Revised Code. The superintendent of public instruction shall determine either:

(1) That the district board does not demonstrate satisfactory improvement and that the state shall take action under section 3302.05 of the Revised Code, or,

(2) That the district board demonstrates satisfactory improvement and that the district board shall continue to implement the corrective action steps developed and documented under division (A) of this section for one additional school year, at which time the state superintendent shall again determine whether the district board demonstrates satisfactory improvement pursuant to this section; or,

(3) That the school district and each school building operated by the district board and identified under division (D) of section 3302.03 of the Revised Code meets the minimum performance levels for each educational performance indicator pursuant to division (B) of Section 3302.01 of the Revised Code. [This includes by race and gender]. Thereafter, the district board shall be released from the corrective action steps developed pursuant to division (A) of this section.

3302.05 Districts requiring additional state review; State guided corrective action plan

(A) The superintendent of public instruction shall conduct a detailed evaluation' of each school district identified, or school district with a school building identified, pursuant to division (C) of section 3302.03 or division (B)(1) of section 3302.04 of the Revised Code. Such evaluation shall include but not be limited to all rules in chapter 3301-35 of the administrative Code. [That's all 103 pages of the Standards for Ohio Schools document] The evaluation may also include review of operational and fiscal management. The superintendent of public instruction shall notify the district board of the factors believed to contribute to low educational performance in the district or building. Thereafter the superintendent of public instruction shall either:

(1) Direct the district board to develop a corrective action plan designed to address the findings and recommendations of the evaluation and deliver the plan to the superintendent of public instruction within ninety days; or,

(2) Direct the district board to develop a corrective action plan, in cooperation with designated representatives of the superintendent of public instruction, designed to address the findings and recommendations of the superintendent of public instruction, and deliver the plan to the superintendent of public instruction within ninety days; or,

(3) Direct the district board that the superintendent of public instruction intends to take action pursuant to section 3302.07 of the Revised Code.

(B) If for any reason the superintendent of public instruction is unable to adequately evaluate and report on the conditions of a school district or building pursuant to division (A) of this section, the superintendent of public instruction shall take action pursuant to section 3302.07 of the Revised Code.

(C) The superintendent of public instruction shall approve or return for modification within 30 days of receipt each corrective action plan submitted under division (A) of this section. Following approval by the superintendent of public instruction, the district board shall immediately implement the plan in accordance with section 3302.06 of the Revised Code.

(D) If a district board of education subject to this section fails to submit a corrective action plan, the superintendent of public instruction shall notify the district board and take action pursuant to Section 3302.07 of the Revised Code.

3302.06 Implementation of state ordered corrective action plan; progress reports; revisions; action upon unsatisfactory progress.

(A) The district board of education shall immediately implement any state approved or ordered corrective action plan. The district board shall verify the implementation of the plan and evaluate the effect of the plan on the educational performance of the school district or school building subject to this section. The district board shall prepare one progress report on the implementation of the plan and one progress report on the effect of the plan on the educational performance of the district or the building. The implementation report shall be submitted to the superintendent of public instruction not later than one hundred eighty days after the order to implement the corrective action plan. The effectiveness report shall be submitted to the superintendent of public instruction not later than one year after the order to implement the plan.

(B) Based on the reports submitted pursuant to division (A) of this section, the state superintendent of public instruction shall determine and notify the district board whether or not the district board demonstrates satisfactory improvement toward meeting the minimum acceptable performance levels established pursuant to division (F) of Section 3302.01 of the Revised Code.

(C) If the state superintendent of public instruction determines under division (B) of this section that the district board does not demonstrate satisfactory improvement toward meeting the minimum performance levels established pursuant to division (F) of Section 3302.01 of the Revised Code for the district or any building subject to this division, the state superintendent of public instruction shall take action pursuant to Section 3302.07 of the Revised Code. [This section can trigger an audit]

(D) If the superintendent of public instruction determines pursuant to division (B) of this section that the district board demonstrates satisfactory improvement, the district board shall continue to implement the corrective action plan and shall continue to submit annual progress reports to the superintendent of public instruction. Based on these reports the superintendent of public instruction shall continue to determine whether or not the district board demonstrates satisfactory improvement toward meeting the minimum performance levels established pursuant to division (F) of Section 3302.01 of the Revised Code for the district or any building subject to this division. At any time during which a plan is in effect under this division, the district board may submit requests for revisions to its corrective action plan to the superintendent of public instruction who will approve or disapprove such proposed revisions.

(E) If the district board fails to submit either report required pursuant to division (A) of this section, the superintendent of public instruction shall take action pursuant to Section 3302.07 of the Revised Code. [This section can trigger an audit]

3302.07 Independent audits of schools and districts

(A) In order to attempt to determine the causes and nature of low performance and to recommend appropriate improvement strategies, the superintendent of public instruction shall order an independent audit of the operations of each school district or school building identified under division (A)(3), (B), or (D) of section 3302.05 or under division (C) or (E) of section 3302.06 of the Revised Code.

(B) The superintendent of public instruction shall appoint an auditing team and order the district board to make available immediately to the auditing team any requested district operating information.

(1) That the district is capable of effectively implementing a corrective action plan, in which case the superintendent of public instruction shall develop a corrective action plan for the district. The district board of education will then be subject to the reporting requirements of Division (A) of section 33302.06 of the Revised Code;

(2) That the district requires direct state control, in which case the superintendent of public instruction shall take action pursuant to Section 3302.08 of the Revised Code.

3302.08 Proceedings for state takeover of school district

(A) If the auditing team appointed pursuant to section 3302.07 recommends that the state take over a local school district, the superintendent of public instruction may either:

(1) Permit the school district to continue operations subject to more specific oversight by the state to assure compliance with the corrective action plan; or,

(2) Issue an order to the district board directing the district to show cause why it should not be subject to state control.

(B) If the superintendent of public instruction issues a show cause order, the state will convene an administrative hearing pursuant to Chapter 119 of the Ohio Revised Code with the state carrying the burden to show why an order to place the school district under state operation would not be arbitrary, unreasonable or capricious.

(C) At the conclusion of the administrative hearing, the superintendent of public instruction may order that the school district be subject to state control. If the superintendent of public instruction chooses to place the district under state control, he shall order:

(1) The suspension of the statutory authority of the district board of education;

(2) The termination of the contract of the district superintendent; and,

(3) The implementation of a comprehensive compliance plan designed to address the findings of the auditing team under division (C) of Section 3302.07 of the Revised Code and to bring the school up levels on all indicators in accordance with Division (B) of Section 3302.01.

(D) Suspension of a district board of education shall not affect the regular election of district board members pursuant to section 3313.08 of the Revised Code. Vacancies shall be filled in accordance with section 3313.11 of the Revised Code.

(E) An order pursuant to Division (C) of this section may be appealed to the state board of education. An order of the state board of education pursuant to this division may be appealed to the Franklin County Court of Common Pleas pursuant to Section 119.12 of the Revised Code.

(F) After issuing an order pursuant to Division (C) of this section, the superintendent of public instruction shall appoint a district superintendent who shall be granted all authority previously vested in both the district board of education and the district superintendent and shall report directly to the superintendent of public instruction. The state appointed district superintendent shall be compensated by the district through the district's general revenue fund.

(G) The state appointed district superintendent shall immediately implement the comprehensive compliance plan ordered pursuant to division (C) of this section.

(H) No employee or agent of a district subject to state control pursuant to this section may take any action which is inconsistent with the comprehensive compliance plan in effect under this division.

3302.09 Return of control to district board of education.

Control and statutory authority shall be returned to the district board of education once the school district and all school buildings comply with the minimum performance levels pursuant to division (B) of Section 3302.01 of the Revised Code.
(B) Statutory authority of the district board of education shall be reinstated after the school district demonstrates five consecutive reporting periods of progress toward achieving minimum performance levels pursuant to division (B) of Section 3302.01 of the Revised Code.

(C) After five consecutive reporting periods of satisfactory improvement in accordance with Division (F) of Section 3302.01 of the Revised Code, the district board of education will be required to continue to implement the comprehensive compliance plan in accordance with the procedures and requirements of Section 3302.06 of the Revised Code until all minimum performance levels have been met. The state may conduct on-site evaluations to assure continued compliance with this division.

(C) The state appointed district superintendent shall remain in place for one year after the reinstatement of the district board of education. Thereafter, the appointment of the district superintendent shall be made in accordance with Section 3319.01 of the Revised Code.

3302.10 Exemptions from statures and rules.

(A) The superintendent of public instruction shall review any request for exemption from specific statutory provisions or rules that a district board regards as necessary in order to implement a local school improvement strategy, whether as part of a general improvement plan for the district, a corrective action plan developed pursuant to Sections 3302.03 through 3302.09 of the Revised Code, or as part of an innovative pilot program designed for school improvement. Any request for an exemption shall include:

(1) Thorough documentation of the improvement plan; and,

(2) Specific and detailed reasons why the exemption is necessary for the timely and effective implementation of the improvement plan.

The written consent of the teachers' employee representative designated under Division (B) of Section 4117.04 of the Revised Code if the district board employs teachers under a collective bargaining agreement adopted pursuant to Chapter 4117 of the Revised Code.
(B) In accordance with standards adopted by the state board of education, the superintendent of public instruction may approve or disapprove, in whole or in part, any request for exemptions. An exemption shall not be granted for a period of more than five years.

(C) Exemptions granted in accordance with this section shall be limited to any requirement of Title XXXIII [33] of the Revised Code or to any rule of the state board adopted pursuant to that title except that the request may not propose an exemption from any requirement of or rule adopted pursuant to Chapter 3307., 3309., or 3323., or sections 3301.0710 [3301.07.10], 3301.0714 [3301.07.14], 3313.612, 3319.07 to 3319.21, or 3319.39 of the Revised Code.

(D) The superintendent of public instruction may terminate at his discretion, after written notice and an opportunity to respond, any exemption granted pursuant to this section if he finds that the exemption is not being used effectively by the school or school district to which the exemption applies.

(E) Pursuant to the provisions of this section, the superintendent of public instruction may also review a request for an exemption from specific statute or rule submitted in writing by the governing authority of a nonpublic school or special purpose school which has been chartered by the state board of education pursuant to sections 3301.07 and 3301.16 of the Revised Code.

END.

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