BASA Member Update 12.6.19

BASA Member Update December 6, 2019

1. Hot Topics • Schools Can Be Recognized for Encouraging Environment Excellence • Apply for OASBO’s Awards Program • Mental Health and Social-Emotional Learning Summit • Purple Star Award • OLAC Action Forum is December 10 2. Bricker Bullet: ODE’s 12.02.2019 Notice Regarding Doe v. Ohio Department of Education 3. Encouraging Environmental Excellence in Education

HOT TOPICS Schools Can Be Recognized for Encouraging Environment Excellence This past April, Ohio EPA Director Stevenson announced the Encouraging Environmental Excellence in Education (E4) program that seeks to recognize any K-12 public or private school for their achievements in environmental stewardship and efforts to educate and involve students in environmental topics. This program was created to support Governor DeWine’s Education agenda and Director Stevenson’s push for more school and student engagement. “It’s great to see students learning practical skills to help take care of our planet. We must all make a commitment to protecting our environment, and we appreciate the efforts of Ohio’s schools in getting students involved” – Governor DeWine There are three recognition classes: Root Class, Branch Class, and Leaf Class. Distinction is based on the variety of activities students are doing related to “Reduce, Reuse, Recycle” (Three Rs), how involved the students are, and how educators incorporate environmental topics into their curriculum. There are benefits with each class ranging from a certificate of recognition to a flag and possible award ceremony at the school. Applications are accepted at any time and can be found by visiting https://epa.ohio.gov/ ocapp/ohioe3 . Click on the Education (E4) tab and scroll to the bottom section “Submitting your application and questions.” A fact sheet on the program can be found by clicking here. Apply for OASBO’s Awards Program! Applications Due January 15! OASBO offers several award opportunities to school business officials as a means to formally recognize them for professional accomplishments and/or for service to their profession and community. Open to all Ohio school business officials, we encourage you to apply for these programs - many of which also result in scholarships for college-bound high school seniors. It’s a win- win for the SBO and the school district! Click on the award name(s) below to view the full details, and download the application. OASBO School Business Official of the Year Awards OASBO Regional Distinguished Service Awards & Virginia Ramsey Service Award

Rich Unger Pinnacle Award Herbert D. Brum Scholarship Chuck Gossett Legislative Advocacy Award

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 2019 •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. OLAC Action Forum is December 10 Dec. 10, 2019 is the annual Ohio Leadership Advisory Council Action Forum at the Ohio Union at The Ohio State University. The 2019 Action Forum: Better Together is designed to create an environment to network, collaborate, and encourage shared leadership at every level of the school system. Registration and accommodation information is available on the OLAC website .

Bricker Bullet

BRICKER BULLET NO. 2019-04

DECEMBER 4, 2019

ODE’s 12.02.2019 Notice Regarding Doe v. Ohio Department of Education

Granting Preliminary Approval of Class Settlement which states that a copy of the notice will be made available to any affected student or such student’s parent or guardian upon request. The tentative settle- ment agreement requires ODE to develop a plan for a redesigned state support system for special educa- tion, with a particular focus on 11 school districts (Akron, Canton, Cleveland, Cincinnati, Columbus, Dayton, Toledo,Youngstown, Lima, Zanesville, and East Cleveland).AnAdvisoryGroupwill be formed to assist ODE in developing the plan. The Court’s Order requires that ODE post the notice of the proposed settlement on its website, and dis- seminate a copy of the notice to all local educational agencies (LEAs) and ask that the notice be posted on the LEA’s website and in a central location ac- cessible to the public in each of its buildings open to the public. ODE must also request that each district disseminate the notice directly to parents or students through email, any electronic portals (e.g. parent/stu- dent portals used to distribute grades, assignments, forms, etc.), or any other means reasonably calcu- lated to reach the parents or students in that district. This is why your district received the request from ODE, even if it is not among the 11 school districts that are the focus of the litigation and settlement. Class members may comment on the Settlement within 60 days of the court’s Order (by January 14, 2020).

On Monday, you likely received a Notice from the OhioDepartment of Education regarding a proposed class action settlement, requesting that you post a No- tice of Proposed Settlement on your district website and in central locations in your buildings, as well as distribute the notice to all parents and students.What is this request all about? Doe v. Ohio Department of Education derived from a lawsuit that was filed in 1991 ( Thompson v. State of Ohio ) alleging that Ohio’s special education sys- tem did not provide students with a free appropriate public education and was discriminatory against students with disabilities. Doe and the Ohio Legal Rights Service (now Disability Rights Ohio) were granted leave to intervene in the case in 1994. The current phase of the litigation began in October 2009, after the parties entered into a limited consent decree. In October 2009, the court issued an order approving a partial settlement agreement reached by the parties. The consent order resolved claims concerning ODE’s implementation of IDEA, but did not address the funding of special education and related services. The agreement addressed: (1) the way ODE monitors compliance with the IDEA; (2) requests for waivers of state standards for the deliv- ery of special education services; (3) investigation of state-level complaints filed by parents; and (4) corrective action to be taken when a school district does not meet state or federal standards. In June 2010, the Ohio Legal Rights Service filed an amended class action suit, asking the Court to declare Ohio’s system of funding and providing services to studentswith disabilities unconstitutional. On November 15, 2019, the Court issued an Order

Please note: Bricker Bullets are provided to BASA members as an informational service courtesy of the law firmof 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. Missed something? Earlier Bricker Bullets can be accessed by following this link .

Bricker & Eckler LLP www.bricker.com

t: 614.227.2300 f: 614.227.2390 info@bricker.com

Questions concerning the above may be referred to any of the Education Practice Group at Bricker & Eckler LLP .

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Division of Environmental and Financial Assistance October 2019 Encouraging Environmental Excellence in Education

Ohio EPA’s Encouraging Environmental Excellence in Education Program (E4) recognizes any K-12 public or private school for their achievements in environmental stewardship and efforts to educate and involve students in environmental topics.

Recognition Classes Root Class

School demonstrates activities in one of the 3Rs; environmental education and stewardship is included in the curriculum; students have opportunities to participate in environmental activities. Branch Class School demonstrates activities in at least two of the 3Rs; environmental education and stewardship is interdisciplinary through all grade levels; students have opportunities to participate in STEM programs or green clubs. Leaf Class School demonstrates activities in all 3Rs; environmental education and stewardship is interdisciplinary, and curriculum is progressive; student-led environmental initiatives; the community beyond the school is encouraged to participate in environmental activities. E4 Recognition Benefits All three classes will receive a certificate of recognition signed by the Director and recognition on Ohio EPA’s website. Those in the branch class will also receive a window sticker decal. The leaf class will receive a flag and, schedule permitting, an award ceremony at the school. E4 applications, which are accepted at any time, are available on Ohio EPA’s website. An individual school, school system or portion of a school system can apply. For more information, visit epa.ohio.gov/ohioe3 . How to Submit an Application Applicants should submit a description of the school’s activities related to the three guiding principles: reduce, reuse, and recycle. Emphasis will be given to activities that provide students with the opportunity to become environmental leaders through learning and encouraging others around them to participate. Schools graduate from each class by adding additional activities – see examples to the right. Those with activities in all three principles qualify for Leaf – the highest class available.

“We want to recognize schools for incorporating environmental principles into their curriculum or as part of extra activities.”

Laurie A. Stevenson Director, Ohio EPA

Reduce • Energy conservation and reduction efforts • Efforts to reduce water consumption • Efforts to reduce solid waste • Avoiding single-use items in the cafeteria (plastic straws, polystyrene trays/containers) • Reducing paper waste by sending emails and printing double-sided Reuse • Providing refillable water stations • Use of products made from recycled or bio-based materials • Facilitating reuse opportunities for school supplies, sporting equipment, clothing, etc. • Encourage students and staff to pack their lunch in reusable containers Recycle • Any type of recycling program in school buildings • Recycling efforts with the local community during school events • Efforts to encourage recycling at home • Establish a food waste composting program

epa.ohio.gov • 50 W. Town St., Ste. 700 • P.O. Box 1049 • Columbus, OH 43216-1049 • (614) 644-3020 • (614) 644-2737 (fax)