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ND Department of Public Instruction New Administrators Conference August 3, 2012. Summary of “Possible Legislation” Impacting K-12 Education to be the Impacting K-12 Education by the 63 rd Legislative Assembly. COMMISSION ON EDUCATION IMPROVEMENT. No Longer in Existence - Legislatively
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ND Department of Public InstructionNew Administrators Conference August 3, 2012 Summary of “Possible Legislation” Impacting K-12 Education to be the Impacting K-12 Education by the 63rd Legislative Assembly
COMMISSION ON EDUCATION IMPROVEMENT • No Longer in Existence - Legislatively • No Unified “Omnibus” K-12 Education Policy Bill • Education Associations and State Level Efforts Not Coordinated • So What Will The Next Session Do or Not Do for K12 Education? • First a Quick Review Of 2011 Laws Impacting ND Schools • Then Look at Predictions for 63rd Legislative Assemble Made at Last Year's New Administrator Conference
Graduation Requirements • Minimum HS Diploma RequirementsNDCC 15.1-21-02.1 • The 22 units of high school coursework set • Allows districts to require additional units of high school coursework above the 22 unit minimum • Minimum HS Graduation Requirements NDCC 15.1-21-02 • 4 units of English language arts from a sequence that includes literature, composition, and speech; • 3 units of mathematics; • 3 units of science, including 1 unit of physical science and biology; and 1 unit of any other science; or two 1/2 units of any other science • 3 units of social studies, including: 1 unit of United States history; 1/2 unit of United States government and 1/2 unit of economics; or 1 unit of problems of democracy; and 1 unit or two 1/2 units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history; • 1unit of physical education; or 1/2 unit of physical education and ½ unit of health; • 2 units of: Foreign languages; Native American languages., Fine arts; or Career and technical education courses; and • Any 5 additional units.
ND ScholarshipsNDCC 15.1-21-02.5 • Academic and CTE Scholarships • Adds American sign language to meet foreign language requirement • Sets 3.0GPA based on a 4.0 grading scale instead of a B average • Scholarship Amounts & Applicability • Fully funds for attending colleges on quarters ($500/qrtr) • Full time enrollment set at 12 credits for first two semesters and 15 credits for semesters thereafter • Provides for equivalent number of credits for students enrolled in quarter credit classes • Scholarship Eligibility– One Time Exception • GPA below 2.75 1st semester/quarter will get the scholarship the 2nd semester/quarter • Must attain a 2.75 thereafter to be eligible for continued funding • Applicable to student only one time
Assessments • State Assessments for Reading, Mathematics, Science – Test Administration NDCC15.1-21-08 • Math &reading annually grades 3, 4, 5, 6, 7, 8, and 11 • Science annually in one grade selected from 3-5; 6-9;and 11 • Summative Assessment- Selection-Costs-ExemptionsNDCC15.1-21-20 • Students taking the ACT in 11th grade will also take writing assessment • DPI responsible for the procuring and administering of the ACT and WorkKeys tests • Districts will need to report: • Number of 11th grade students taking the ACT and ACT writing test • 3 WorkKeys tests; and • Students who were exempt from the test and why exempt
Career-Interest Inventory RequirementsNDCC15.1-21-18 • Students 7th or 8th grade must participate in either: • A individual consultative process or • A nine-week course to their career interest and educational planning • Schools must notify high school students that they: • Can request to receive a consultative review of the their individual high school education plan at least once during each high school grade • District must verify compliance with the requirements with DPI
Changes to Kindergarten Program • Establishment by Board-Parent Request • Must provide ½ day kindergarten or pay tuition for student to attend kindergarten provided by another district • Public kindergarten – Requirements • Kindergarten instructional calendar is equal to at least 50% of the full time instructional days (87.5days) • Readiness Testing for Kindergarteners (HB1273) • May conduct readiness testing/formative assessments of incoming kindergarten students. • Dates maybe within or before the regular school calendar • May set aside up to 2 of the days for readiness testing/ formative assessments and count as kindergarten instructional days • Student attendance on those days limited to the period of time during which the individual student's testing/assessment is scheduled.
Alternative Middle SchoolSESSION LAW • Weighting Factor • Provides weighting factor of 0.15 for Alternative Middle School - July 1, 2013 through June 20, 2015 • Alternative Middle School – Grants • $300,000 in grant funds for a alternative education program in grade 6-8 beginning second year of 2011-13 biennium • Grant factor is 0.15 the number of enrolled students enrolled in a program of at least 15 hrs/week • Grants prorated based on the percentage of the total each district is entitled if there is insufficient funds • $164,000 Available for 2012-13
Alternative Middle School Programs 2012-13 School # of Students$Amount Awarded Williston Public Schools 15 $8,955 Bismarck Public Schools 25 $14,925 New Town Public Schools 20 $11,940 Grafton Public School District 10 $5,970 Warwick Public School 20 $11,940 Dickinson Public Schools 20 $11,940 Mandan Public Schools 40 $23,880 Fargo Public School 30 $17,910 West Fargo Public Schools 12 $7,164 Devils Lake Public Schools 12 $7,164 Beulah Public Schools 5 $2,985 Grand Forks Public Schools 15 $8,955 Jamestown Public Schools 4 $2,388 TOTAL $136,116
Early Childhood Education Program • Districts can operate an early childhood education program may request if the program: • Is taught by individuals who are licensed to teach in early childhood education by the education standards and practices board; • Follows a developmentally appropriate curriculum; • Is in compliance with all municipal and state health, fire, and safety requirements; and • Limits its enrollment to children who have reached the age of four before August first in the year of enrollment. • In determining the state aid payments to which a school district is entitled, the superintendent of public instruction may not count any student enrolled in a regular early childhood education program
Gearing Up For Kindergarten • Developed by NDSU Extension Service specialists and Parent Resource Center coordinators to assist parents and their 4 year-olds in preparing for the transition to kindergarten • Is a school readiness and parent education program to assist parents and their 4 year-olds in preparing for the transition to kindergarten • SB2150 provides $500,000 for the biennium to support schools with reimbursable grants • Reimbursement will be based on the following formula: • $133 per student/family, up to $2,000 for a 16 session class • $125 per student/family, up to $1,250 for a 10 session class • (each class must serve a minimum of 10 families per class and the recommended • maximum size of 15 families per class)
School District Rapid Enrollment Growth GrantsSESSION LAW • Appropriates $5 million from oil and gas impact fund • Eligible if district FTE student enrollment is increased by 7% and is equal to 25 full time students from 9/10 enrollment report • Grant is equal to per pupil payment times actually increase in FTE enrollment • No more than $2.5 million can be spent during first year of biennium • Not eligible for grant if EFB requirement is exceeded
Transportation GrantsSession Law • $5 million will be distributed this spring due to meeting budget surplus trigger • Increases transportation grants by $5 million ($43 million to $48 million) for next biennium • $1.03/mile (was $0.92/mile) for school bus with capacity of 10 or more passengers • $0.46/mile (was $0.44/mile for vehicle with capacity of 9 or fewer passengers • Adds round up to 2 round trips for IEP/parent transported students • One way for parent drive if student more than 2 miles from school • $0.26/student (was $0.24/student) for each one-way trip
Weather or Other Emergency ConditionsNDCC 15.1-27-23 • Closure of Schools • Make every effort to reschedule classes so that students receive at least the number of full instructional days of instruction required by section 15.1-06-04. • If a school/school district closes for only a portion of its regular school day, the hours during which the school/school district is closed may be added together to determine the number of additional full days of instruction that may be waived.
Use of New Money- Teacher Compensation Increases • 70% of new money received in per student payment to be used for teacher compensation • Do not include the following in determining the total amount of dollars in the grants - state school aid line item in the 2011-13 appropriation: • Equity payments • REA moneys and grants • PowerSchool payment (flow-thru to EduTech in wsu formula) • Contingent distributions • Do not include the following in determining the total amount of dollars in the grants - state school aid line item in the 2009-11 appropriation: • Equity payments • REA moneys and grants • Technology support payments • Contingent distributions; and • Subtract the amount received in 2009-2011 appropriation from amount received in 2011-13 appropriation to determine total amount of new money
Funding Formula • Per Student Payment Rate • $3,910 for 2011-12 and $3,980 for 2012-13 • Baseline Funding - Determination-Max/Min • Sets maximum funding in state aid at 142% of baseline per weighted student unit for 2011-12 school year • Equity Payments • Takes out highest (3 times > Statewide Avg ITVPS) and lowest (less than 1/5th Statewide Avg ITVPS) for calculating statewide Avg ITVPS • Sets general fund mill levy for taxable year 2008 for determining ITVP • Special education factors from 0.073 to 0.079 – July 1, 2012 • Unobligated GF Balance • End Fund Balance (EFB) decreased from 50% to 45% plus $20,000 of actual expenditure • Does not include any moneys that were received from the federal education jobs fund
Zero Increase Number of MillsNDCC 57-15-02.1 • Beginning This 2011 • Districts may not impose a property tax levy in a greater number of mills than the “zero increase number of mills” unless they advertise and hold a public hearing • “Zero increase number of mills” • Means the number of mills against the taxing district’s current year taxable valuation, excluding consideration of new growth, which will provide the same amount of property tax revenue as the property tax levy in the prior year
Zero Increased Number of Mills“Things to Keep In Mind” • The new laws states that a "Property tax levy" means the tax rate, expressed in mills, for all property taxes levied by the taxing district – so you must include ALL property tax levys when doing your calculation. • If you any increase in total dollars from the 2012 levy over your 2011 levy you must post the hearing notification in your local newspaper. • The notice must be published at least 7 days before the hearing and the hearing (generally when you adopt your preliminary budget in July) cannot be held before 6:00PM on that date. • State law requires districts to set tax levy by August 15NDCC 57-15-13 • The hearing notice has very specific requirements which are on the NDCEL website and can be accessed by using the following link: • Announce at your first hearing (preliminary budget) the date and time of your final meeting when you adopt your budget (usually in October). If you do that you do not need to post another notification in the your local newspaper. • NDCC 57-15-02.1 (HB1194) Zero Increased Number of Mills Procedures
School Approval Requirements and Payment Reductions for Late ReportsNDCC 15.1-06-06 (06-06.1 for non-public) • All ND schools will be required to submit an “Annual Compliance Report” to DPI by October 1 of each school year in order to be declared “APPROVED” and receive foundation aid • Compliance report requires signatures of the principal and superintendent for public schools, and signatures of the governing board in the case of a non-public school, and being formally approved by the board of the school district: • Must be filed with the DPI by October 1 or the date of the extension provided by law • DPI will send electronic notification of compliance report due date on September 10 and September 25 to each school principal, school district superintendent, and school board member
Annual Compliance Report Assurances • In signing the Annual Compliance Report the school/district is providing assurance that: • Valid Teaching License Pre-K-12 - Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board 15.1-09-57. • Teacher Highly Qualified Pre-K-12- Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57. • Curriculum Pre-K-12-The school meets all curricular requirements set forth in chapter 15.1-21.
Annual ComplianceReport Assurances • Safety Requirements Pre-K-12-The school has been inspected by the state fire marshal or the state fire marshal’s designee in accordance with section 15.1-06-09 and (a) Has no unremedied deficiency; or (b) has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal’s designee. • Background Checks Pre-K-12- All individuals hired after June 30, 2011, and having unsupervised contact with students at the school have: (a) Undergone a criminal history background check requested by the employing school district; or (b) Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board. NDCC 15.1-06-06. • Review Process Pre-K-12(public schools only) - The school participates in and meets the requirements of a review process that is (a) Designed to improve student achievement through a continuous cycle of improvement; and (b) Approved by the superintendent of public instruction. NDCC 15.1-06-06.
Annual Compliance Report for Approval THINGS TO REMEMBER! • Approval & Accreditation letters of compliance will no longer be issued to schools. • The Annual Compliance Report, to be submitted by October 1 of each school year will be the "new" standard formally held through accreditation • The DPI Approval & Accreditation will use each school’s 5-year continuous cycle of improvement to determine a timeline for monitoring each public school • Process may include, but is not limited to, a 5 year, state Approval system • DPI may monitor any public school more than once within a 5-year cycle in an effort to assist schools in raising levels of student achievement. • Entities requesting “Accreditation” information from any ND school will learn that the state of ND now uses only the term “Approval” with regard to university placement, grant obligations and/or enrollment of foreign exchange students • All AdvancED/NCA schools will retain their accreditation status
Uniform Truancy ReportingNDCC 15.1-20-03 • Provides definitions for uniform truancy reporting to DPI • Districts may keep their own definitions of excused absences and disciplines for unexcused absences for internal district purposes. • To be deemed in attendance a student may not be absent from school without excuse for more than: • 3 consecutive school days during either the first half or the second half of a school or school district's calendar; • 6 half days during either the first half or the second half of a school or school district's calendar; or • 21 class periods
Truancy ReportingNDCC 15.1-20-02.1 and 15.1-20-03 • School boards must adopt a policy that • Defines an excused absence as any absence from school, if that absence is supported by either a verbal or written excuse supplied by the student's parent, teacher, or school administrator • Articulates the type of documentation that may be requested to verify a student's absence. • Law does not preclude a school district from • Withholding credit, • Removing a student from a course, or • Taking other punitive measures against a student who does not arrive in a timely fashion or • Who exceeds a specific number of absences, as determined by the school district or nonpublic school.
Concussion Management Program Requirements • School districts that sponsors or sanctions any athletic activity in this state and requires a participating student to regularly practice or train, and compete must comply • Program must have clear and readily comprehensible language of the signs and symptoms of a concussion
Concussion Management Program Requirements • Must require that an official remove a student from competition and that a student's coach or a student's athletic trainer remove the student from practice, training, or competition if: • The student reports any sign or symptom of a concussion • The official, coach, or athletic trainer determines the student exhibits any sign or symptom of a concussion, • The official, coach, or athletic trainer is notified that the student has reported or exhibited any sign or symptom of a concussion by a licensed, registered, or certified health care provider whose scope of practice includes the recognition of concussion signs and symptoms.
Concussion Management Program Requirements • Requires that a student removed with suspected concussion must be examined as soon as practicable by a licensed, registered, or certified health care provider • Student cannot return to practice, training, or competition until the student or the student's parent obtains written authorization from a licensed, registered, or certified health care provider and provides to student’s coach/trainer. • Program must require that each official, coach, and athletic trainer receive biennial training regarding the nature and risk of concussion • District must document that the student and their parent(s) have viewed information on concussion (printed or electronic)
Anti-Bullying PolicyNDCC 15.1-19-17 through 19 • Requires districts to have an anti-bullying policy by July 1, 2012 and must: • Involve • Be explained to students, parents, and staff; • Have an investigative process and disciplinary actions; • Provide reasonable protection for victims and reporters; • Offer anti-bullying programs to students K-12; and • Provide training to teachers, administrators, and other staff about bullying prevention. • NDSBA has developed a sample policy that will be reviewed by legal counsel.
Other Bills Impacting K12 Ed • NDCC 15.1-21-25.1 -Requires districts to provide the University System office names, addresses, and home phone numbers for 10th and 11th graders as of April 15 each year • NDCC 15.1-06-12 Lockdowns are now among required drills for schools • NDCC 15.1-21-24 Abstinence curriculum required beginning July 1, 2012, • Each school district and nonpublic school shall ensure that the portion of its health curriculum which is related to sexual health includes instruction pertaining to the risks associated with adolescent sexual activity and the social, psychological, and physical health gains to be realized by abstaining from sexual activity before and outside of marriage.”
What Issues Will We Face in the 63rd Legislative Session? • TFFR Issues • Funding? Will the 4% increase for 2012-14 and 4% increase for 2014 be enough? • Defined Contribution vs Defined Benefit – will it be back? • Extending vesting requirements for administrators be an issue again? • Collective Bargaining Rights • Will the be challenged by the legislature? • K-12 Education Issues • What will be the issues? Funding? Property Tax Relief, Alternative Compensation Teacher/Administrator Evaluation? • Who will develop the legislative agenda and how will it be presented and supported with out the Commission on Ed Improvement • Accreditation - What will it look like? • Planning for rapid growth - will $5 million/ biennium be enough?
TFFR and Collective Bargaining Issues • TFFR Issues • So far only reports on the financial status of TFFR investments discussed • Defined Contribution vs Defined Benefit – will it be back – but look for a “hybrid” plan which combines the two as a major topic of discussion • Only two bills currently being discussed by Governmental Affairs interim committee • Perfecting amendment for compliance with IRS rules • Increasing the funding ratio target (30 years out) from 90% to 100% • Extending vesting requirements for administrators be an issue again? • Collective Bargaining Rights • Nothing being discussed at this time by interim committees – but look for a bill to be introduced – especially after the Wisconsin event this past year.
K-12 Education Issues • K-12 Education Issues • Teacher/Administrator Evaluation will be most certainly be an issue • ESEA Reauthorization Committee will be making recommendations for “waiver” application later this month • Look to their recommendations for modeling of legislation • Funding Formula will be changed – look for: • Mill Levy Reduction grants to be rolled into the formula • State paying significantly more foundation aid and increasing from 70% of the costs to perhaps 85-90% of the cost • New mill levy caps • Property Tax Relief • Currently 16 bills being discussed by Interim Committee • Most focus on changes to homestead credit act • Look for Mill Levy Reduction Grant funds to be given to city/county municipalities
K-12 Education Issues • K-12 Education Issues - Continued • Alternative Compensation Teacher/Administrator Evaluation • No discussion by interim committees at this time • Could come up in teacher/principal evaluation discussions • Who will develop the legislative agenda and how will it be presented and supported with out the Commission on Ed Improvement • Don’t look for the Commission on Education Improvement to be re-instated • Governor appears to be taking the lead on education issues related to Rapid Enrollment growth and funding formula and perhaps Pre-K Education • DPI will be going through a transition phase under new leadership – look for recommendations for accreditation and school improvement changes • Accreditation - What will it look like? • Proposal to significantly reduce administrative rule for accreditation • Will be based on School Improvement Process and best practices • Study Committee has been meeting for the past 18 months will probably endorse the AdvancEd for a statewide school improvement model.
Rapid Growth Enrollment • $5 million/ biennium is not enough -Governor Dalrymple has recently announced the following: • Committing up to $200 million (in addition to the current $50 million in Coal Development Trust Fund) of the Strategic Investment and Improvement Fund to provide school districts loans to construct new schools or to expand or improve existing buildings • Loans based on need for expansion and relative wealth of the districts will be allowed. • New provision in statute will increase district eligibility to $20 million/project and 90% of project costs. Interest rates will be discounted to as low as 1% for qualifying projects • School districts in oil and gas producing counties will issue a warrant to be satisfied by future distributions from the oil and gas tax so loans won’t be considered debt but will be considered as a “prepayment of future tax allocations” and not a general obligation to the district. • Will provide $25 million in Oil and Gas Impact Grants solely for rapidly growing districts • Grants will be awarded to school districts based on the severity of oil impacts on the district. • Priority will be given to districts experiencing “immediate and unforseen needs not anticipated by long term budgeting
DPI To Develop “Technical Assistance” Help Desk • Will be a fluid document that will be up-dated as administrators call in with questions. • Will link to DPI’s resources section to provide appropriate PowerPoints, videos, and articles that will help answer questions about school administration. • Ryan Townsend’s will be developing and monitoring “help desk” • Ryan’s contact info and a survey monkey form at the end or the web link is also available for administrators to contact him with anything they don’t see on the page as well so that I can point them in the right direction. • Started to title the topics with things that administrators in the field would recognize and be familiar with. • If you have any suggestions for topics contact Ryan • This page should now be live and available DPI's PD Page