BASA AdminiScope, May 2020

Spring 2020

Now More Than Ever - Leadership Matters By Dr. R. Kirk Hamilton

Wow! Never in your wildest dreams could you have imagined that the spring of 2020 would provide you with the unprecedented and unique challenges you have faced. These challenges are such that you had to confront them on a personal level, a professional level, and a systemic level. To close our state and nation down for months is unprecedented. The challenges and changes that came to bear have touched every aspect of our personal lives, our work lives, and life in our communities. Through all these challenges, superintendents have stepped up and provided the strong leadership required to chart a path through uncharted waters. I am in my 40th year in education. I thought I had seen it all, but obviously, I had not. Please humor me for a couple of paragraphs as I share some reflections on these past few months and some personal feelings I feel compelled to share as well. When school buildings were closed, you responded. Before being approved to continue to feed students, you continued to feed students. Your leadership and your commitment to your students' well-being was at the fore- front. How it would be paid for came later. You led, your staff responded, and as a result food security concerns for vulnerable students were addressed. For your efforts you received some press coverage, but the coverage was not reflective of the yeoman’s work you and your staff did to make it happen and keep it happening. Then there was the issue of continued remote learning opportunities. You jumped right in. At first, it may have felt like a couple of additional snow days. Days turned to weeks and weeks to months. Again, you stepped up to lead the charge. You assessed resources, partnered with your staff in planning meaningful student learning activities, and you turned to your fellow superintendents to compare notes, best practices, and successes. Even resources were shared between districts. Whether you had the luxury of digital resources or were preparing paper packets to send to students’ home, Ohio’s students were well provided for through your remote learning efforts. You also mastered the Zoom meeting. You quickly adapted to a new environment to learn and collaborate. Through your leadership, educators across the state were able to share and learn. Students were the benefi - ciary. You have dealt with the great challenge of graduation, year end activities, cancellation of sports, and you have been masterful. Leadership matters. Leadership, specifically your leadership, has made the difference as we have dealt with this pandemic. Your leadership has allowed elected officials to worry about other things knowing that education was being addressed and addressed effectively. Through these last two months you have heard many com - plaints about this, that, and the other. You have heard folks challenging the business closings and the health department guidelines. One thing that Ohioans have not complained about is education. While I never think you get enough credit, the fact that there has been great support for your efforts and appreciation for continuing the learning process for students speaks volumes for the quality of your efforts. Leadership matters and you have

provided exemplary leadership in unprecedented times. Your positive leadership has had a positive impact on your students and their families. You have provided direction and stability of which we will never be able to measure the impact. I am extremely proud of Ohio’s superintendents. You have been an example of vision, sharing, and com- mitment to students and staff. You have quietly gone about your business without fanfare in very challeng- ing times. Thank you for your efforts. Thank you for being there for your students and communities. Thank you for your integrity, your consistent efforts to do what is right. I am proud to be associated with you and gratified to know that BASA members led the way. Someday we will all reflect upon this experience and have the satisfaction of knowing your leadership made a dif- ference.

The Emerging Fiscal Crisis for Schools and How to Communicate It Months ago, no one could have predicted that schools would all know and be dealing 24/7 with something called COVID-19. But here we are, all navigating these new waters together. Coming to the here and now for schools, however, is the financial conversation with their communities. Amid everything you are working on, make sure that you start putting this into the forefront of your work and planning. But what does it mean that “schools must have a financial conversation with their community?” It means so many things. Before that, however, let’s recall what the last fiscal crisis was like for schools: The Great Reces - sion of 2008. A Quick Case Study on 2008 The 2008 recession largely hit the real estate and job market. The effect on schools lasted years. While school budgets are always tight, in the years following 2008, this was especially the case. • Statewide, schools saw some of the lowest levy passage rates in recent memory (even on renewal issues). • Austerity was the key buzzword as schools made budget reductions and cuts. • Contracts were often settled with zero or near zero increases to base/steps and to other areas. What to Expect Now? Get talking and show your work. Fast forward to today, the wake of the COVID-19 crisis will likely mean schools will take continued and big financial hits, both on the revenue and expenditure side of the ledger. While schools are bracing for the financial impact, they also need to brace for communicating it. Specifically, this means that schools must put the financial conversation in the forefront of their communication with the public and now. Here’s an overview of how to do it: • Schedule it: Develop a calendar and establish a constant drumbeat where you are constantly up- dating your community. • Message it: Stick to what you know and key facts about it. • Broadcast it: Have the conversation across many mediums with examples including Facebook Live and articles in your newsletter and guest editorials in the newspaper. • Plan it: Show your plan to reflect the new austerity; Name your plan/process and give it a theme so people recognize it (ie: Taxpayer Bill of Rights). Financial times will only get much tougher from schools. And the impact will be felt more immediately than it was in 2008. Use the lessons from post-2008 but realize that this time around, the financial impact will be more severe and that your community expects, demands and deserves to know how you are impacted.

President’s Message By Mark Neal

It is a time like no other for Ohio school leaders. Twenty years of regulations and require - ments were removed in one piece of legislation and we now find ourselves in all new terri - tory. For many veterans, this situation harkens back to old times when local school boards were calling the shots and ODE was little more than a regulatory institution.

For the newest generation of school superintendents, this is completely new territory. COVID-19 undoubtedly will change the face of public education from this point forward. One issue that became apparent immediately was the need to return decision making powers back to local districts. OTES, state testing, “Third Grade Guar - antee”, minimum hour requirements, and most of all the State Report Card became obsolete virtually overnight. Local school boards and district leadership had to scramble in most cases to find work-arounds to these obsta - cles in order to utilize more innovative ways to educate our students. The good news is… that is exactly what happened. I honestly believe that this crisis has provided a venue for the thousands of incredible teachers in Ohio’s public schools to showcase their talents and abilities. The numerous examples of teachers and administrators that went above and beyond all expectations to meet the needs of their students speaks volumes about local deci- sion making. As we plan for the upcoming school year and society begins to remove itself from isolation, there is no certainty as to exactly what the next school year might look like. Superintendents are now in the position of trying to plan for the unknown. Budget cuts have already begun and more are looming on the horizon. This is a time when great leadership is more important than ever. So in my last AdminiScope article as BASA President, I asked that you consider this quote from the namesake of my favorite Brittany Spaniel. “Never tell people how to do things. Tell them what needs to be done and they will surprise you with their inge- nuity.” - General George S. Patton, U.S. Army

Authored by Carole Dorn-Bell, partner with Allerton Hill Consulting

Allerton Hill Consulting (AHC) is the nation’s largest communication firm that specializes in public school communication. The cornerstone to our work is helping districts to conduct the financial conversation with their community.

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Five Leadership Strategies to Emulate During the COVID-19 Crisis With schools out, businesses closed, and many working from their living rooms, leaders across the country have quickly found ways to adapt to the new virtual environment. Change was forced during this unexpected pandemic, and for many leaders, this is the first time you’ve experienced a crisis like the one we’re in. While savvy managers understand how to motivate and unite teams outside of a national disaster, leading during turbulent times presents new and unchartered challenges. You’ve heard the saying “As goes the leader, so goes the organization.” Because everything rises and falls on leadership, what must leaders do to keep people engaged and motivated during this pandemic? Joel McKenzie, a veteran American Fidelity manager, shares the top five things employees need right now from their leaders. Five Things Your People Need from You Right Now Transparency If your people don’t already know the truth about what’s going on, it is only a matter of time before they will. No matter how hard leaders try to hide the truth or cover up unpleasant or awkward situations, the truth will always surface. The best approach is to be transparent, act ethically, and always talk openly. How do you become transparent? • Don’t guess or make up answers. If you don’t know, say so and find out. • Interact and communicate often, individually and as a group. • Understand the difference between truth and facts – facts are what is, truth is what your people be - lieve it is. • Share scars not wounds – transparency doesn’t mean you share everything you are experiencing or feeling. Be genuine and real but also be prudent. • Reassurance People need to feel that they are still valuable, the organization is still strong, and things in general are go- ing to be ok. Communicating with employees along these lines can help them remove fears and regain their confidence. Doubts and fears abound right now because of uncertainty and unprecedented change. And when we feel afraid, we wonder about the future and often get more afraid. Having someone understand that we need reas- surance can make a huge difference in our own performance and daily attitude. Understanding Understanding means to perceive the significance of what people are feeling and show compassion for them. Look beyond their behavior to what might be causing it and help them get to a better place. According to research from the University of Minnesota, once the fear pathways are ramped up, the brain short-circuits more rational processing paths and reacts immediately to signals from the amygdala. When in this overactive state, the brain perceives events as negative and remembers them that way. In other words, when we’re scared we get foolish. What our people need in scary times is someone who knows this and seeks to find out what is really going. Self-Awareness Tom Landry, former coach of the Dallas Cowboys said, “Leadership is a matter of having people look at you and gain confidence, seeing how you react. If you’re in control, they’re in control.” Because everything rises and falls on leadership, it’s critical that the leader knows their own personality and character. It’s also critical that they can evaluate and control their actions, thoughts, and emotions, making sure they align with their internal standards. Stress can trigger very personal memories, and fears of trauma and loss with unintended behavioral consequences. Echoes of earlier difficulties can lead to withdrawal at the very times you need to be most available to others.

At the other extreme, leaders who lack self-awareness can create toxic environments when they turn the pressure they feel into angry, demanding behavior. Your people see and feel it. Tactical Support In a military context, tactical measures result in what doors to break down and which targets to go after. Stra- tegic initiatives look at what areas of the country to focus on. Tactical plans focus the details of getting the job done, while strategic plans open to the big picture. As leaders, your people need tactical help right now. They can perform their skills, but they need help with the details of how to do it in this new environment. They don’t need you to fix the problem, but they do need your help learning how to be productive with new tools and new approaches. Some will take to it quickly and adapt, others will need more help. What can you do to give our people tactical support? • Keep the objective or goal top of mind. • Clear roadblocks to the new way of doing it. • Facilitate learning from others doing it the new way. By being transparent, reassuring, understanding, self-aware, and giving tactical support, you’re giving your people exactly what they need during this time – Trust! It’s amazing how organizations can grow more through a crisis, especially when leaders help each team member feel valued. So, go on, give your people what they need. Joel McKenzie has over three decades with American Fidelity. As a former manager, he’s experienced the highs and lows of leadership, including what it's like to lead in turbulent times. In addition to his professional role, Joel’s leadership skills have grown, and been put to the test, as the father to eight children.

Cash Flow Borrowing: Ohio K-12 Schools By Marvin L. Founds, Director, Baker Tilly Municipal Advisors, LLC (BTMA)

This article was previously posted in April 2020 on OASBO’s eNews and COVID-19 community discussions and distributed through BTMA’s coronavirus resource center. As school districts become more aware of how state funding, local tax collections, and other revenue will be impacted by COVID-19 it is more important than ever to understand options available to address cash flow needs. Many school districts in Ohio have improved their available cash positions during the past several years as a result of a recovering economy. In many cases, assessed valuations have returned to pre-great recession levels or above, tax collection rates have returned to higher levels, school district income taxes have recov- ered with the return of more jobs and higher income levels, and state support generally increased during this time as well. School districts also worked hard to make expenditure adjustments that are still beneficial today.

However, in Ohio most school districts are still under the restrictions of House Bill 920 and the result of levy cycles. The result places many school districts in a cycle of ob- taining higher available cash balances in years following a levy approval and then spending down balances which

can be inevitable as revenue is held essentially level as expenditures steadily increase. In addition to this natural cycle, there could be other influences causing temporary cash flow concerns. Unexpected delays in tax settlements from the county auditor, large taxpayer delinquencies, reduction in state support, unexpected expenditures during a low cash position in the fiscal year, and more recently potential delays of tax collections due to COVID-19.

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To provide tax relief as a result of COVID-19, Governor DeWine signed Amended Substitute House Bill 197 on March 27, 2020 extending the deadline to file and pay state income tax without interest or penalty. The extension moved the filing and payment deadlines due from April 15, 2020 through June 15, 2020 to July 15, 2020. This extension includes school district income taxes. Timing of property taxes being paid and advances on settle- ments may also be affected if payments are delayed or deadlines extended. As a result of potential effects of COVID-19, school districts will be evaluating the potential of revenue decline and timing delays not only on a fiscal year-end available cash position, but also on a monthly cash flow basis as normal cycles could change during the fiscal year. School districts have very little flexibility in timing expend- itures early in the process but should evaluate those options. Although cash flow borrowing may be viewed as a last recourse in these situations, school districts can use the authority granted to issue short-term anticipation securities. This allows school districts to borrow a limited amount against certain future property tax revenues and in some cases other revenue. Repayment is required within a specified timeframe. School districts can think of it as a cash flow management tool addressing low or negative cash positions for a short period of time during the fiscal year. Short-term cash flow borrowing is not the only solution for school districts in uncertain revenue cycles, however, it is an option that can provide temporary relief until a longer-term solution is determined. School districts should contact their legal and financial advisory team to obtain further information and insight on this option.

Increasing Cash Flow During COVID-19 Through an Energy Audit

As school administrators are considering how best to deal with anticipated budget cuts for the coming school year and beyond, we would like to share an idea you can implement immediately to find revenue through energy savings. An energy audit will give you an in-depth snapshot of how your facilities are operating. Firms like Energy Optimizers, USA (BASA Premier Partner) have

a technical team who can evaluate your utility bills, perform an on-site review of lighting, mechanical and controls systems, and give you a menu of energy conservation measures to consider, including some that can be done with your own staff. The benefits of an energy audit include: • Identification of areas to reduce energy costs in your facilities

Ohio’sSuperintendentAssociation Premier Partner

• Increasing the life span of equipment in your facilities • Developing measures to eliminate waste and maxi- mize energy efficiency • Reduction in consumption of natural resources The audit report will allow you to set priorities and consider those measures, like LED lighting retrofits, that will give you the best return on investment and immediately reduce utility spending. Now is also a great time to take advantage of related utili- ty-funded rebates that may still be available, as these pro- grams are ending in December 2020. If you did not have the chance to see the webinar we present- ed recently on “Creating Revenue Through Utility Savings”, you can view it on the BASA website. More ideas are shared by us and new BASA partner Four Seasons Environmental, many of which can be performed using your own staff.

Facility Improvement Projects energyoptusa.com

Navigating Different Forms of Learning Opportunities for the 2020-2021 School Year By: Natalie N. Rothenbuecher, Esq., Pepple & Waggoner, Ltd.

Doors, Windows & Roofing

LED Lighting

HVAC Upgrades

As districts prepare for the next school year, COVID-19 is requiring administrators to re-examine alternative learning opportunities that must be approved before the school year begins, such as “blended learning” and “blizzard bags.”

No Levy or Cash Required •Bidding Completed •Select Local Vendors (Fast Process) Utilize the OCEPC LED Lighting & Energy Savings Program

Blended Learning Although used colloquially during the pandemic, “blended learning” is defined in R.C. 3301.079 as “the delivery of instruction in a combination of time in a supervised physical location away from home and online delivery whereby the student has some element of control over time, place, path, or pace of learning.” If a school district wants to begin using a blended learning model for 2020-2021, it must notify the Department of Education by July 1. While H.B. 197 permits the State Superintendent to extend or waive this deadline, as of May 15, 2020 no extension has been granted. If a school district adopts a blended learning model, Ohio law requires it to adopt specific policies and proce- dures implementing blended learning. Among other things, the procedures must address student advancement through the curriculum based on demonstrated competency/mastery of the material and the method by which each student will have access to the digital learning tools necessary to access the content. Significantly, if blended learning is made available to all district students, Ohio law exempts the school district from statutory school year hourly requirements. Districts should also determine whether a blended learning model conflicts with their negotiated agreements. Blizzard Bags “Blizzard bags” are another option available to districts. Under R.C. 3313.482, Boards must approve these plans by August 1 of each school year. As with blended learning, the deadline may be waived by the State Superin - tendent. You’ll also want to note that H.B. 197’s expansion of the number of distance learning days expires at the end of the 2019-2020 school year as of May 15, 2020, and that it will take additional legislative action to re-institute that expansion.

CONTACT US TODAY! 937.877.1919 energyoptusa.com

Performance Contract

Let us help you get through the pandemic with as little financial impact as possible. As a BASA Premier Partner we offer all BASA members a NO COST NO OBLIGATION energy audit during these months while buildings are empty. Contact Belinda Kenley at 937-974-1549 or bkenley@energyoptusa.com. We appreciate the work you are doing right now to ensure students get a quality educational experience, whether remotely or in school buildings. We care. Please stay safe and healthy. Submitted by Belinda Kenley, Vice President, Energy Optimizers, USA

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Pandemic-Related Legislation by Kevin Miller

OTES Because there were no spring, 2020 state assessments, and therefore no value-added data, districts would be expected to develop a growth measure of their own to replace the value-added measure that results from assessments taken the previous year. Requiring districts to develop their own growth measure is unwieldy at best, particularly given the challenges involved in bringing students back after the extended school closing. The fix: Suspend the value-added and student growth measure components of OTES for the 2020-2021 school year. Third Grade Reading Guarantee HB 197 allows local districts to make a determination about whether or not a student is ready to be promoted from the third grade to the fourth grade. Because many of these young students will have fallen severely behind during the school closings under the Coronavirus Pandemic, it could take a significant amount of time for students to get back on track. The fix: Extend HB 197’s provision to allow local districts to determine whether or not a student is ready to be promoted to fourth grade through school years 2020-2021 and 2021-2022. Report Card Implications HB 197 recognizes that school districts would be affected negatively by test results and other report card measures that do not accurately reflect the work of school leaders and staff, all due to circumstances beyond their control. State and federal assessments were suspended for the 2019-2020 school year. Districts will be held harmless for any punitive results from these regular accountability measures. However, the impact of the school closings under Coronavirus Pandemic will be much more far reaching than just the current school year. The fix: Extend HB 197’s hold harmless provisions related to results such as voucher and community school eligibility, ADCs, etc., through school years 2020-2021 and 2021-2022. Use of School District Facilities Ohio law requires that school districts permit the use of school buildings by other organizations, including the County Board of Elections for polling locations. During this time of uncertainty for school districts and their students, this requirement should not be mandated. The use of school buildings by outside entities will cause undue burden on district staff to be sure the facility is clean and safe. It will mean additional costs for the district and may provide opportunities for unsafe gatherings. The fix: Suspend the requirements in ORC 3313.76, 3313.77 and 3313.78 for school districts through the 2020-2021 school year, and to permit district boards of education to decide locally whether or not to grant the use of its buildings to outside groups. Permissive Furloughs When school districts experience financial difficulties, boards of education have the legal authority to reduce staff through Reductions in Force (RIFs) through ORC sections 3319.17 and 3319.172. However, Ohio law does not provide for boards to furlough employees temporarily or in segments. State agencies have the ability to furlough staff, including setting a certain number of days when staff will be off without pay. The fix: Give boards of education the permissive authority to furlough staff in lieu of RIFs, including the ability to determine whether or not staff would continue to receive benefits during the furlough period.

Change theory says that people who are most successful with change are those who can deal with “living on the edge of chaos.” I think it’s safe to say that these past few months, our BASAmembers have not been on the edge of chaos, but firmly planted in the midst of it. However, across the state, your responses have been stellar. You have had to make decisions and put procedures and practices in place that have never been experienced in the history of America’s modern education system. Our job at BASA is to provide support and make as much sense of the “chaos” as possible. As we work with the Ohio Department of Education and legislators, we walk a fine line in influencing legislation that provides directives that are specific enough to give you direction yet general enough to give you flexibility. We advocate for as much local control as possible so that each superintendent can make decisions that are best for your community and your unique situation. No one knows your school district and your students better than you, your leadership team, your teachers, and the parents of the children you serve. House Bill 197 addressed many of the issues you were dealing with when the Governor declared a temporary close-down of all school buildings in Ohio. Local control was provided for important decisions such as the third- grade reading guarantee and meeting graduation requirements. Now that buildings have been closed for the rest of the school year, we have been working with legislators to develop legislation that addresses additional needs of districts in this long-term, long-distance learning environment. Like everything else at this time, this list is a moving target with new issues added when new needs are iden- tified. At the writing of this article, meetings with legislators are ongoing with a focus on educating them about the challenges Ohio’s school districts are facing. Following is a quick run-down of legislative issues for which we’ve been advocating. Graduation Requirements for Underclassmen. Because there were end-of-course exams that were not administered in the 2019-2020 school year, under - classmen will not be able to earn the points for these exams necessary for graduation. It would be unfair to expect students to take an end-of-course assessment at a later date. The fix: If the student earned a passing grade in the course for which they would have otherwise been required to take an end-of-course exam, the point should be awarded. For the Class of 2023 and on, a passing grade in a class should equate to a “competent” score and as equivalent to scoring proficient or better. Non-renewal and Continuing Contracts HB 197 permits school districts to suspend evaluation requirements for teachers and administrators for the 2019-2020 school year. While this option is needed for many districts, there may also be unintended conse - quences. If a school district doesn’t complete an evaluation for a teacher, by law, that person cannot be non- renewed and they automatically roll over to a one-year extended limited contract unless they are already on a one-year extended limited contract, in which case they rollover to a continuing contract. While it is reasonable to expect that teachers receive a one-year rollover under the current Coronavirus Pandemic circumstance, the automatic rollover to a continuing contract will create a burden for districts. The fix: Give districts the flexibility to award a one-year limited contract, even if evaluations were not completed or if a teacher was already on a one-year limited contracted. I’m afraid our time to get this issue addressed is running out as your June 1 deadline for awarding contracts looms. We encouraged ODE to extend the contract renewal deadline to June 15, but at this point, there has been no response to our request.

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Reducing Transportation Services HB 166 contained a new provision that prohibits school districts from reducing pupil transportation services af - ter the school year begins. However, there are currently so many unknowns about what school will look like for the next year, including how best to transport students with social distancing in mind. Also, districts may need to make changes during the year should conditions change (such as additional budget reductions) or if new practices and expectations become known. The new HB 166 restriction for transportation changes may prevent districts from having the flexibility needed to best serve students. The fix: Permit districts the ability to make changes to pupil transportation services during the school year be - ginning with the 2020-2021 school year. There are other legislative issues that we are addressing that aren’t COVID-19 related, but are time-sensitive issues that need our attention. These include: • Extension of the storm shelter moratorium; • Sunsetting of the Territory Transfer law that was placed in the budget bill; • Addressing districts experiencing revenue losses due to power plant devaluations; • Giving districts standing in issues of gas line valuation challenges. With legislators returning to Columbus earlier this month, committee meetings have begun again, as has the pace of legislation that was on the back burner being brought to the forefront again. We will continue to advo- cate for our members on legislation that impacts you during this pandemic and beyond. On April 23, 2020, the Sixth Circuit Court of Appeals held, in a 2-1 decision, that the U.S. Constitution affords students “a fundamental right to a basic minimum education,” which includes a “foundational level of literacy.” In Gary B., et al. v. Whitmer, et al. , Plaintiffs, who were students from the Detroit Public Schools, pursued a claim under the Fourteenth Amendment. The students, who attended poor-performing schools, alleged that the conditions of their schools deprived them of a basic minimum education and access to literacy. The conditions included unqualified and regularly absent teachers, rodent-infested facilities, and inadequate textbooks. The students sought injunctive relief to improve the quality of the schools’ conditions. The Sixth Circuit acknowledged that the U.S. Supreme Court has not recognized education as a fundamental right, despite finding that such right is inherent in the U.S. Constitution. Indicating that the right to an education is “narrow in scope,” the Court suggested that a “basic mini - mum education” is one that “provide[s] access to skills that are essential for the basic exercise of other fundamental rights and liberties, most im- portantly participation in our political system.” While the Court declined to determine what specifically constitutes a “basic minimum education” and whether the students in the case had received what is required, the Court concluded that the right to a basic minimum education would re- quire Michigan to provide students with “sufficient” teaching, facilities, and educational materials that would allow them to “plausibly attain literacy.” Further appeal to the U.S. Supreme Court is expected. In the interim, Gary B. is currently binding and is likely to have many implications for school districts across Michigan, Ohio, Kentucky and Tennessee. The Sixth Circuit Holds Students Have a Federal Constitutional Right to a Basic Minimum Education By Nicole Donovsky, Esq. and Brandi Pikes, Esq.

Return to Workplace Considerations

Building Confidence. Together. These are unprecedented times — our communities, families, employees and organizations as a whole have all been impacted by the COVID-19 pandemic. Although Ohio school buildings are closed for the remainder of the 2019-2020 school year to support the state’s efforts in slowing the spread of COVID-19, there are many decisions to be made before reopening facilities and office buildings following a pandemic. As local, state, and federal authorities evaluate and begin to loosen shelter-in-place orders and other restrictions, your risk management, human resources, and operations teams should work together to develop an action plan that addresses potential challenges to protect your people, property and organization. COVID-19 RECOVERY: A Five-Step Process for Returning to the Workplace Step 1: ELIGIBILITY TO REOPEN • Gallagher forecast: Real-time COVID-19 geographic case monitoring and tracking • Federal/local government • Case data • Gallagher Peak Infection Analysis Step 2: EMPLOYEES: IMPLEMENTATION POLICIES AND PROCEDURES BY ROLE AND FUNCTION • Infection prevention measures • Social distancing and hygiene • Personal protective equipment • Proactive claims management • Employee assistance programs • Compensation and benefits modifications • HR policy considerations Step 3: FACILITIES AND EQUIPMENT: SANITIZATION, LIFE SAFETY, BUILDING SYSTEM AND SOCIAL DISTANCING • Cleaning and decontamination • Industrial hygiene and engineering • Protection and response Step 4: OPERATIONS SUPPLY CHAIN AND THIRD PARTY • Product, services and partners • Distribution/transportation/deliveries • Business continuity planning Step 5: CUSTOMERS, CLIENTS AND PUBLIC • Contact points • Communications consulting • Waivers and notices • Claims reporting support ADDITONAL RESOURCES: • Given the fast changing nature of the response to the COVID-19 pandemic, we acknowledge that facts will change and invite you to visit www.ajg.com/pandemic where we maintain up-to-date information.

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Readying Your School's Infrastructure for Re-Opening Like many of you, we have spent the last several weeks educating ourselves on the subject of Coronavirus (COVID-19). This public health emergency continues to evolve requiring numerous changes in how we conduct our lives. There is no doubt that the entire world will return to what can only be described as a new normal. All of Ohio’s school districts have been closed since mid-March. Assuming that school will resume in late August, this makes almost five months that our water systems, HVAC systems and buses have been idle. The lack of use of these critical pieces of infrastructure could potentially cause damage when they are required to function the first time. There are steps that districts can take now to make reopening our schools a smooth transition. Water Systems Water supply systems that have had little to no use over an extended period of time allow water to become stag- nant in distribution lines and fixtures. Stagnant water can contribute to bacterial growth and other water quality issues should the system be suddenly restarted and water ingested. The Ohio Environmental Protection Agen - cy recommends flushing water systems experiencing low usage as a result of our current stay at home order. Flushing should be concentrated on hot and cold distribution lines, storage devices like water heaters and tanks, and any mist-forming device like dehumidifiers and cooling towers. Little to no water use also has the potential to damage critical seals and unions in the drainage systems. The materials used to seal and join drainage systems are specifically designed for saturated environments. Lack of saturation can dry out these materials allowing them to shrink and potentially cause leaks when water returns. Periodically running water through all fixtures will help reduce bacterial and other contaminate sources and keep critical seals and joints saturated. HVAC systems The effects of poor indoor air quality have been identified by the EPA as a credible threat to our overall health. Modern HVAC systems have been designed to filter and constantly change indoor air environments based on feedback of temperature and humidity. The logic units that monitor temperature and humidity also have the ability to introduce outdoor or “fresh” air. The American Society for Heating, Refrigerating and Air-Conditioning Engineers recommends that all schools assess their HVAC system control settings to allow for maximum in - troduction of outdoor air in response to COVID-19. The introduction of outdoor air provides a dilution factor for potentially contaminated indoor air. The use of outdoor air is not the most cost effective operation of your system, but will allow for maximum dilution of indoor air. There is no filter media that has been proven to eliminate COVID-19 from the indoor air. While filters by them - selves won’t stop the spread of the virus inside your buildings, they can help with overall system efficiency. Filter media are rated for their ability to capture airborne particulates. The higher the Minimum Efficiency Rating Value (MERV) the better the indoor air quality. Districts should consider increasing the MERV rating of its filters. These filters are more expensive and will need changed more often, but may provide a better control of the spread of the virus. Buses School buses, like other large vehicles on the road, use mechanical friction braking systems. When the buses are parked, the rear brakes engage temporarily placing the metal surface of the brake to the metal surface of the wheel. The longer the two metal surfaces are allowed to remain in contact in the elements, the more likely they will fuse together through corrosion. The fused bond is typically broken and the surfaces cleaned when the bus moves and brakes are applied again. Sitting idle for 5 months may require more than simple actuation of the brakes to restore the function.

Planning for the 2020-2021 School Year in Uncertain Times

In support of schools across Ohio, Gallagher is providing free preparedness resources:

As the school year draws to a close, districts are turning their attention to preparing for next year. But what will next year look like? While Governor DeWine has indicated a goal of returning to in-person instruction in the fall, it is also clear that, when school resumes, it will look very different. To date, there is no definitive guidance from the Ohio Department of Health or the Ohio De - partment of Education (ODE) regarding re-opening. However, based on ODE’s “Reset and Restart Education Planning Guide,” which is still in draft form, it appears that daily health screenings, physical distancing, enhanced cleaning and masks will be the norm. Some issues to consider include: • Implementation of physical distancing in classrooms • Implementation of physical distancing on transportation • Use and cleaning of shared spaces (e.g., gym, cafeteria) • Additional sanitizing protocols for high traffic/touch areas • Acquisition of necessary cleaning supplies and personal protective equipment (PPE) • Strategies for limiting student movement in buildings to reduce exposure (e.g., teachers travel, students do not) • Establishing policies/protocols for returning to school/ work and identifying potential illness • Employment issues related to staff members who cannot return to work due to risk factors • Instructional issues for students who cannot return to school due to risk factors • Readiness to move to a remote-learning model if an out - break forces the closure of the district or one or more buildings Additionally, districts must develop an academic plan that ac- counts for instruction missed during the school building closures. This will include assessing students to identify gaps and making adjustments to curriculum. Schools could consider an early start or “jump start” to the school year or providing a “boot camp” for students, but they must consult with their local health department prior to moving forward with these plans. Christina Peer is chair of the Education Law Group at Walter | Haverfield. She can be reached at cpeer@walterhav.com or at 216-928-2918.

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For more information, contact: Cyndie Schepis, Unit Lead - Ohio Public Sector Cyndie_Schepis@ajg.com 216.702.0906

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Buses should be started and moved every 4 to 6 weeks to minimize brake damage. Starting and moving them periodically will also help to maintain the battery charge and allow critical fluids and lubricants through the engine and drivetrain. Like the buildings water system, critical drivetrain fluids can become stagnant and allow contaminants to build. Periodically cycling them through the various filtration devices in the drivetrain may prolong the useful life of the fluids and drivetrain systems.

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COVID-19 Impact on Statewide Testing and Measuring Student Growth

What are the changes to Title IX? Hollie F. Reedy, Ennis Britton Co., LPA

Overview Policymakers and State Departments of Education are currently facing historic and unprecedented times. With the decision to suspend statewide testing in many states, policymakers and state education leaders are weigh- ing the best options for students and educators. States have received waivers from ESSA accountability in 2020 due to the suspension of summative assessments. Student growth measures will not be possible in many states in 2020. In some cases, growth measures for 2020 could be based on any assessments that were administered or assessments administered at the beginning of the next school year, and these growth measures could provide educators with valuable information even if they are not used in formal accountability systems. In most cases growth measures could be available in 2021 to support renewed accountability systems and school quality re - porting. Acting Now to Address Student Needs Later State agencies may consider the following actions now to allow for insights and actionable data to support educators in addressing students’ needs later: • Capture data to understand the impact of school closures and changes in testing. This data could include information about: • School closings, including dates closed and dates reopened. • Student attendance throughout the 2019-20 school year, including data about participation in online or virtual learning. • What distance learning options were available and used in each dis- trict and school. • Access that individual students had to distance learning options, internet/broadband access, and devices. • Explore options for generating data to support insights about students’ academic performance and instructional needs. Options might include: • Student-level projections to future assessments based on available prior achievement data. • Moving the suspended end-of-year summative assessment to the beginning of the 2020-21 academic year. • Fall end-of-course exams. • Formative assessments or diagnostic information used throughout the academic year, including those that could provide information about student achievement following the period of virtual learning. • College readiness exams. Measuring Student Growth • In addition to collecting data about instruction during the assessment disruption and putting steps in place to gauge students’ needs following the disruption, states can assess their options for measuring student growth during the 2019-20 and 2020-21 academic years. As noted above, SAS has experience partner - ing with states to account for unexpected changes in the availability of assessment data. Based on this experience, states may consider the following steps: • Calculate growth measures for the 2019-20 school year using available data from assessments admini- stered at or near the beginning of the 2020-21 school year. • Simulate student growth models using available prior year data to support business rules and modeling decisions for reporting based on the 2020-21 school year. • Calculate two-year growth measures if only the assessment data from the 2018-19 and 2020-21 school years is available. Policy considerations for measuring growth based on the 2019-20 and/or 2020-21 school years may include: • Explore policies that may treat available growth measures differently in educator, school, and district ac - countability systems. • Consider any changes to public reporting and how it is presented. Conclusion This is an unprecedented time for educational leaders and policymakers. SAS’ experience with various assess - ment changes, school closures, and other unique outliers allows us to bring experience to the table as states plan for their immediate needs as well as for their renewed accountability systems and school quality reporting in the coming year. As states grapple with these important considerations, SAS is willing and able to help provide services, to serve as a thought partner, and to support education agencies as an analytic provider.

Instead of asking for flexibility in administering IDEA laws and regulations, U.S. Department of Education Secretary Betsy DeVos issued new Title IX final regulations, which schools will need to adjust to and follow when they become effective on August 14, 2020. Because the new regulations went through a public notice and comment period, they are the USDOE’s official interpretation of the law and are not recommendations, best practices, or guidance as has been issued in the past. Some of that previous guidance has been altered as a result of these regulations. This is a concise summary of some of the regulatory changes applicable to K-12. Space constraints make a full discussion of the more than 2,000 pages of the regulations impossible. Generally, the changes center around: 1.) promptly responding to complaints (formal or not),

2.) offering supportive measures (which cannot include sanctions against someone accused of sexual harassment until a grievance process determines responsibility), 3.) following a fair grievance process, and 4.) providing remedies to victims of sexual harassment.

Grievance process: Districts must publish an updated grievance process that will be followed when a formal complaint of sex harassment is made that does not treat the complainant or the person accused (called the respondent) in any way that may itself be sexual harassment. The grievance process in response to a formal complaint must include offering supportive measures designed to restore or preserve a complainant’s equal education access witbout treating a respondent as responsible until the grievance process concludes. Emergency removal : A respondent accused of sexual harassment may be removed from school (with or without a grievance hearing) if a safety and risk assessment is conducted that finds that the person is an im - mediate threat to any individual’s health and safety. The removed student must be notified and may appeal the removal decision. Notice of policy and contact information of Title IX coordinator: Districts no longer are required to give notice of their Title IX policy in newspapers/magazines- instead, they must post the Title IX policy “prominently” on its website. The name, office address, phone number and email of the Title IX Coordinator must be on the website, and reports may be made in person, by mail, by email or by phone. This notice must include that reports may be made at any time (including non-business hours) by phone, email or regular mail. Title IX Coordinator training: Training for the Title IX coordinator must include training on impartiality and lack of bias. “Actual knowledge” of sexual harassment: The change here is that when any school employee has notice of sexual harassment (not just the Title IX Coordinator), it must respond promptly. This means a student could make a report to a cafeteria employee, a bus driver, a teacher, a secretary or any other school employee, and the district’s obligation to respond promptly is initiated. This includes contacting the complainant to discuss supportive measures, how to file a formal complaint, and explain that supportive measures may be taken with or without a formal complaint. Check with your policy provider for updates to your Title IX policy and ensure your Title IX coordinator attends professional development on the new regulations.

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EF Educational Tours Update As I watched the President’s address the night of March 11th with my colleagues here and around the globe, I realized the world as we knew it was about to change dramatically for the foreseeable future. Physical school closures and a rapid ramp up of virtual learning across the country, economic hardship, and the inability to travel safely all became a reality in a short amount of time. As a family-owned company that’s been in business since 1965, EF has seen and supported our customers through a lot in our time as a leader in the educational travel industry: the events of 9/11, the SARS outbreak in 2003 and the H1-N1 outbreak in 2009, to environmental events such as the volcanic ash in Iceland that shut down air travel to Europe in 2010. For decades, we have navigated our groups through all types of issues that have arisen, while ensuring that they can enjoy and expe- rience the world as safely as possible. And right now is no different. As a trusted partner of BASA for many years, we have always been and will always be there to support you, your teachers, students and families. Since our founding, we’ve been committed to operating with fairness, con - sistency, and transparency. We have worked hard to become the best possible partner for educators who want to show their students the world, and during these unprecedented times we have prioritized even more what is essential to the way we work: • Safety. We will put the safety of our travelers above all else. Our global presence, safety monitoring and incident response capabilities are unmatched in the industry, which is why we led the industry in working to rapidly bring all of our travelers home in March. We went above and beyond federal, state and international guidance to ensure our customers were out of harm’s way. The safety and security of our travelers is non-negotiable for us. • Consistency. We will treat every traveler, family and educator fairly - you never need to wonder if someone else is getting a better deal from us. Since the implications of this pandemic became ap- parent, we have been clear in our communication of our policies, and consistent in their application. When possible, we’ve made changes and improvements and we will continue to do so - and those changes have been applied to all of our customers. You can always find all updated policy information available on eftours.com as we are committed to transparency. While we know that not every customer will agree with our decisions, we will never make promises that we cannot keep or release policies with strings attached. And above all else, we are committed to making sure EF remains in a position to honor our promises and stay true to our mission for decades to come. • Mission. We will work tirelessly to ensure that as many students as possible have the opportunity to see the world, now and well into the future. As a family company, we are accountable first and foremost to our mission—and as such we are focused on the future and investing, as we always have, in flexible options for our customers. This year, we are working to allow travelers whose plans were interrupted to have a world of options open to them, by moving groups to future tours at no cost and issuing full- value travel vouchers redeemable for any EF travel product. And we will continue to offer these flexible options as long as is necessary. We look forward to continue working with you as your partner to show even more students the awe-inspiring power of travel. As some of you know, I have a very personal connection to Ohio – it’s where I attended college, but more importantly I spent many years building the relationships that we now have with so many of your schools and districts. And many of you were instrumental in helping us build new programs, like our Global Leadership summits, and helping us think about new ways to engage students through project-based learning on tour, credit-based opportunities and new tour themes, like STEM. I hope you will continue to help guide us with any ideas or suggestions you have, during this time and for the future. It’s what has always made us and will continue to make us even stronger.

7 Steps to Improve Online Registration and Mobile Enrollment Every year, districts have the same old problems with registration. Getting parents and students to fill out forms is only half the battle. Managing the forms and information can also be painful. And now, allowing pa- rents to upload forms and register without contact is a non-negotiable feature. By choosing the right online registration system, your district can enhance the process for everyone — stu- dents, parents, central office, and even the IT department. Here's how to get started... 1. Assess Your Current State Take a look at your current enrollment process. What’s working and what isn’t? Do you have the ability to go mobile, immediately? Study your current setup and identify areas for improvement. 2. Understand Data Requirements In order to protect student privacy and comply with law, you first need to understand data requirements. Look for systems that align with widely accepted student data privacy practices. 3. Consolidate Forms and Information Nobody likes filling out the same information more than once. Simplify registration by consolidating forms however you can. Maybe even share common data within families. If you’re not sure where to start, get secretaries and registrars involved. 4. Get Your Support System to Support the System Even the best online registration system won’t help you much if staff, parents, the board, and the community don’t use it. For best results, consider hosting a session so that all stakeholders can get up to speed without having to figure it out on their own. 5. Communicate Proactively Don’t wait until the school year starts. Communicate in the Spring and Summer to give parents a heads-up when forms will be due. 6. Send Out Automatic Reminders Premier online systems offer automated reminders for students, parents, and staff to take required action on forms, signatures, certifications, and more. Let the system work for you! 7. Use a Registration System That Integrates with Your SIS You can simplify registration by using a system that integrates with your SIS. That way, data can be collected, verified, and delivered using a centralized process. Ready to Partner with FinalForms to Simplify Online School Registration? If you’re ready to bring mobile enrollment and online registration to your district, FinalForms can help. Final - Forms works with 450 districts, supporting more than half of Ohio's students. The FinalForms team is ready to help you with forms, compliance, and communication.

And finally, we just want to thank you – for your partnership, for your flexibility and for your commitment to global education and preparing our students to be the global citizens and leaders that we want and need them to be. Our commitment is to be here for you – and for them – to safely help our travelers understand more about the world, more about themselves and more about themselves in the world. We look forward to staying in touch and seeing you on the road as soon as we’re able. Kate Berseth, President, EF Educational Tours, Kate@ef.com

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