BASA Member Update 11.8.19

BASA Member Update October 25, 2019

1. Hot Topics

• Consolidated School Report • Alternate Assessment Survey • Mental Health and Social-Emotional Learning Summit • Purple Star Award 2. Bricker Bullet 2019-04 [OEC Opinion regarding Capital Conference] 3. 2019-2020 University of Dayton/BASA Class Brochure

HOT TOPICS

Consolidated School Report Ohio law (Ohio Revised Code 3301.68) requires all public school districts, including joint vocational school districts, to annually report on a specified set of data to the Ohio Department of Education through the Consolidated School Report Survey. The data being collected includes the following: • training on the use of physical restraint or seclusion; • training on harassment, intimidation or bullying; • training on cardiopulmonary resuscitation (CPR) and an automated external defibrillator (AED); • compliance with nutritional standards; • screening for hearing, vision, speech and communications, health or medical problems and for any developmental disorders; • and intradistrict and interdistrict open enrollment policy. Fall 2019 is the first time the Department is required to collect this data. The purpose of the survey is to consolidate reporting requirements for districts by collecting the information at one time and in one tool. School districts are required to report data from the 2018-2019 school year through a survey in the OH|ID web portal . The survey window is Nov. 1-30, 2019, as required by law. Those identified in the Department’s Ohio Education Directory System (OEDS) as superintendent and superintendent designee for the district can access and complete the survey starting Nov. 1. If a school district reports noncompliance by answering “no” to any question in accordance with ORC 3301.68, within 30 days the district must provide a written explanation to its board of education for why each item was not completed and a written plan of action for accurately and efficiently addressing the problem. Alternate Assessment Survey Title I of the Elementary and Secondary Education Act of 1965 (ESEA), amended by the Every Student Succeeds Act, addresses alternate assessments for students with the most significant cognitive disabilities. Each state must submit a waiver request to the United States Department of Education if it predicts exceeding 1 percent participation in the alternate assessment in a subject. Ohio’s 2018-2019 alternative assessment participation rate was approximately 1.8 percent in reading. Due to this rate, Ohio must request an extension to its current waiver to the 1 percent cap for the 2019-2020 administration of the alternate assessment in reading, math and science. Ohio will be submitting a waiver to the U.S. Department of Education by November 19, 2019. The Department will be taking public comments via this survey on the proposed one percent waiver application from Oct. 25 through Nov. 11, 2019.

Save the Date! MENTAL HEALTH AND SOCIAL-EMOTIONAL LEARNING SUMMIT

OSBA and other education groups and mental health associations are planning a Mental Heath and Social-Emotional Learning Summit. This free event will be Feb. 25, 2020, at the Greater Columbus Convention Center. Learning opportunities will be geared for teachers, counselors, school psychologists, board members, administrators and other school staff. Districts are encouraged to bring a team so that staff can attend multiple breakout sessions. The summit also will include a Resource Fair in which agencies can share information on their resources that are available to district staff. Keynote speakers and session topics are being finalized. More information will be available in November, and registration will open in December. https://www.ohioschoolboards.org/mental-health-and-social-emotional-learning-summit Purple Star Award •The Purple Star Award for military-friendly schools honors learning communities that show a major commitment to serving students and families connected to our nation’s military. Awardees receive a special recognition to display in their buildings. A school will be honored with the Purple Star Award if it completes all the required activities, plus one optional activity. The Purple Star Advisory Board – formed by the Ohio Departments of Education, Higher Education, Veterans Services and the Adjutant General – helps support schools through activities like sharing best practices, showcasing school events and offering guidance for schools during the application process. The Purple Star Designation Application is open now through Dec. 2. The Purple Star School program will announce recipients on Jan. 15. More program details, including how to apply, are available on the Purple Star webpage.

Bricker Bullet

BRICKER BULLET NO. 2019-04

NOVEMBER 7, 2019

Ohio Ethics Commission informal opinion regarding private parties at OSBA Capital Conference

As many of you are hearing, on November 1, 2019, Ohio Ethics Commission Staff Advisory Attorney, JohnRawski, issued an Informal Opinion regarding third parties hosting open houses and receptions at the Ohio School Boards Association Capital Conference and Trade Show. In the November 1st Informal Opinion, Mr. Rawski reviewed a 2002Ohio Ethics CommissionAdvisory Opinion 1 and clarified the application of Ohio’s Ethics laws to receptions and open houses held at an off-site venue. In 2002, the OEC opined that a third party, such as a law firm, doing or seeking to do business with a public agency with representatives attending a conference is not prohibited from holding a reception or open house at an educational or informational conference held by an association of public officials and employees, as long as the following parameters are followed: A person that is providing a meal, reception, or open house at a conference of an association of public officials and employees must ensure that the meal, reception, or open house is: (a) of an ordinary, routine character; (b) at an educational or informational event; (c) open to all of the public officials and employees attending the event; and (d) within the parameters discussed in this opinion. Mr. Rawski further cited a 2006 Informal Opinion, holding that Ohio RevisedCode Sections 102.03(E) and (F), prohibit a public employee or official from

receiving, and a third party from providing, any meal or entertainment of a lavish nature, even if the meal or entertainment is offered to all conference attendees. 2 In addressing the facts presented to him presently, Mr. Rawski concluded that a “law firm cannot host an event for conference attendees at an off- site venue where no official conference events are scheduled.” Mr. Rawski further opined that the law firmwould not be prohibited fromhosting the off- site event provided the firm charges “an admission fee that accurately reflects an amount that covers the actual per-person cost of the event.” The Informal Opinion dated November 1, 2019 is consistent with prior Informal and Advisory Opinions of the Ohio Ethics Commission. 3 Under these opinions, youwill want to apply the following criteria when considering whether to attend receptions and open houses hosted by a third party: • Is the event of an ordinary, routine character, or does it appear to be lavish? • Is the event at an educational or informational event or conference, or is it off-site? • Is the event open to all of the public officials and employees attending the conference? More information about the requirements and prohibitions of Ohio’s Ethics Laws can be found at https://www.ethics.ohio.gov/education/factsheets/ EthicsLawOverview.pdf . If you, your Board

Bricker & Eckler LLP www.bricker.com

t: 614.227.2300 f: 614.227.2390 info@bricker.com

Follow us on Twitter @BrickerEdLaw

2

BRICKER BULLET I NOVEMBER 7, 2019

members or District staff have any questions about this issue, you may wish to consult with legal counsel. Questions concerning the above may be referred to any of the attorneys in the Education Practice Group at Bricker & Eckler LLP . _____________________________________ 1 Ohio Ethics Commission Advisory Opinion 2002-2. 2 Informal Opinion 2006-INF-1101-1. 3 Ohio Ethics Commission Advisory Opinion 2002-2; Informal Opinion 2006-INF-1101-1; Informal Opinion 2003-INF-0805.

EDUCATION LAW GROUP

Laura G. Anthony, Chair 614.227.2366 lanthony@bricker.com H. Randy Bank 614.227.8836 rbank@bricker.com Brad E. Bennett 614.227.4849 bbennett@bricker.com Melissa Martinez Bondy 614.227.8875 mbondy@bricker.com Diana S. Brown 614.227.8823 dbrown@bricker.com Kimball H. Carey 614.227.4891 kcarey@bricker.com Melissa M. Carleton 614.227.4846 mcarleton@bricker.com

Janet K. Cooper 937.224.1799 jcooper@bricker.com Kate Vivian Davis 937.535.3902 kdavis@bricker.com Nicole M. Donovsky 614.227.4866 ndonovsky@bricker.com Jennifer A. Flint 614.227.2316 jflint@bricker.com Dane A. Gaschen 614.227.8887 dgaschen@bricker.com Susan E. Geary 614.227.2330 sgeary@bricker.com Susan B. Greenberger 614.227.8848 sgreenberger@bricker.com

Warren I. Grody 614.227.2332 wgrody@bricker.com David J. Lampe 513.870.6561 dlampe@bricker.com Sean R. Lehman 614.227.7712 slehman@bricker.com Beverly A. Meyer 937.224.1849 bmeyer@bricker.com Joshua D. Nolan 216.523.5485 jnolan@bricker.com Susan L. Oppenheimer 614.227.8822 soppenheimer@bricker.com

Brandi D. Pikes 614.227.4879 bpikes@bricker.com Richard W. Ross 614.227.4873 rross@bricker.com Jason R. Stuckey 513.870.6687 jstuckey@bricker.com Tess G. Tannehill 614.227.2347 ttannehill@bricker.com Sue W. Yount 614.227.2336 syount@bricker.com

Katy Osborn 937.535.3905 kosborn@bricker.com

Please note: Bricker Bullets are provided to BASA members as an informational service courtesy of the law firm of Bricker & Eckler LLP, a BASA Premier Partner. They are not intended to serve as a legal opinion with respect to any specific person or factual situation. Miss something? Earlier Bricker Bullets can be accessed by following this link .

©Bricker & Eckler LLP (2019)

University of Dayton/BASA Superintendent Certificate Preparation Program - Cohort The UD/BASA Superintendent Certificate Preparation Program- Cohort is a unique collaborative program designed to maximize the professional ex- pertise and resource base for superinten- dents from BASA and the approved certifi- cate program and demanding curriculum of the University of Dayton. The program will provide a cohort of Ohio educators with a convenient, rigorous, practice-based program leading to an Ohio certificate as a superintendent. Up to 25 Ohio educators will be admitted into the program by the University of Dayton. The cohort group will complete the University of Dayton’s approved program leading to certification as an Ohio Superintendent.

Classes will be held at: Buckeye Association of School Administrators 8050 N. High St. Conference Room Columbus, OH 43235

University of Dayton / BASA

Superintendent Certificate Preparation Program

To Register 1) Contact the University of Dayton for pre-qualification questions. 937-229-3738 2) Complete admission form for the EDA Superintendent Program through the University of Dayton at

https://dayton.force.com/ graduate/TX_SiteLogin? startURL=%2Fgraduate% 2TFTargetX_Base_Portal

3) Contact Janice Keivel with questions and to notify of intention to participate in the Cohort Program.

UD Contacts : Dr. David Dolph ddolph1@udayton.edu Janice Keivel

Faculty Instruction of the coursework will be provided by University of Dayton faculty, R. Kirk Hamilton, Executive Director of BASA; David Axner, Deputy Executive

Questions: Contact BASA: 614-846-4080

University of Dayton/BASA Superintendent Certificate Preparation Program Cohort - Class Schedule 2019-2020

University of Dayton Department of Educational Administration Principles of academic practice form the structure of all EDA programs aligned with these professional standards. First, the pedagogical goals for you and all students in EDA include planned growth in your knowledge, performance, and dispositions, the constructs of our professional affiliation with ELCC. Second, a “knowledge” base of effective school leadership exists and is the foundation of what you as a potential school leader need to master to be effective in producing improved student learning outcomes. “Performance” is defined by ELCC as those proficiencies in subject, professional and pedagogical knowledge, skills, and dispositions that benefit student learning. “Performance” is also described as related to the quality of institutional practice, in addition to individual practice. “Dispositions” are defined as those values, commitments, and professional ethics that influence your behaviors toward students, families, colleagues, and communities and affect student learning. These principles include a heavy emphasis on pedagogy that is practice-related, problem- based, i.e., “field” related. In EDA courses you will be continually engaged in building your knowledge - knowledge that is based in research and applied to practice in real schools. Throughout each EDA program, you will apply sound leadership knowledge to problems of contemporary PK-12 public , Catholic and other non-public schools.

CLASS SCHEDULE

DATE

TIME

Saturday, August 3, 2019

9:00 AM

Orientation for Cohort Program and EDA 733—Internship III

 Earn your certifi- cate in one year

9:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM BASA Fall Conf. 8-5 BASA Fall Conf. 8-12 9:00 AM - 3:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM 5:00 PM - 9:00 PM 8:00 AM - 4:00 PM

Saturday, August 3, 2019 Friday, August 9, 2019 Saturday, August 10, 2019 Tuesday, Oct. 1, 2019 Wednesday, Oct. 2, 2019 Saturday, Oct. 5, 2019 Friday, January 10, 2020 Saturday, January 11, 2020 Friday, January 24, 2020 Saturday, January 25, 2020 Friday, February 7, 2020 Saturday, February 8, 2020 Friday, February 28, 2020 Saturday, February 29, 2020 Friday, March 13, 2020 Saturday, March 14, 2020 Friday, March 27, 2020 Saturday, March 28, 2020

EDA 718 The Superintendency Instructor: Jerry Klenke, Ph.D.

 Convenient and

expedient weekend classes

 Instructors are professors with

EDA 760 District Level Management Instructor: R. Kirk Hamilton, Ph.D.

practice in the field

 Students will have access to major “players” in Ohio education  Network within your cohort of educators from all over Ohio

EDA 761 District Level Leadership Instructor: David Axner, Ed.D.

Each class will offer 3 semester hours of graduate credit.

Thanks to the partnership between the University of Dayton and the Buckeye Association of School Administrators, a limited number of scholarship dollars are available for those cohort classes. Information will be provided the first session of EDA 733. Textbooks for this program will be provided free of charge.