Sub. H. B. No. 21 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 21

Representative Combs

Cosponsors: Representatives Roegner, Newbold, Stebelton, Amstutz, Anielski, Baker, Beck, Blair, Boose, Brenner, Bubp, Buchy, Butler, Coley, Derickson, Dovilla, Grossman, Hackett, Hagan, C., Hayes, Henne, Hollington, Huffman, Martin, McClain, Sears, Stautberg, Uecker, Wachtmann, Young Speaker Batchelder

A BILL

To amend sections 3319.22 and 3319.223 and to enact

section 3319.227 of the Revised Code to qualify

Teach for America participants for a resident

educator license.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3319.22 and 3319.223 be amended and	5
section 3319.227 of the Revised Code be enacted to read as	6
follows:	7

Sec. 3319.22. (A)(1) The state board of education shall	8
issue the following educator licenses:	9

(a) A resident educator license, which shall be valid for	10
four years, except that the state board, on a case-by-case basis,	11
may extend the license's duration as necessary to enable the	12
license holder to complete the Ohio teacher residency program	13
established under section 3319.223 of the Revised Code;	14

(b) A professional educator license, which shall be valid for	15
five years and shall be renewable;	16

(c) A senior professional educator license, which shall be	17
valid for five years and shall be renewable;	18

(d) A lead professional educator license, which shall be	19
valid for five years and shall be renewable.	20

(2) The state board may issue any additional educator	21
licenses of categories, types, and levels the board elects to	22
provide.	23

(3) The state board shall adopt rules establishing the	24
standards and requirements for obtaining each educator license	25
issued under this section.	26

(B) The rules adopted under this section shall require at	27
least the following standards and qualifications for the educator	28
licenses described in division (A)(1) of this section:	29

(1) An applicant for a resident educator license shall hold	30
at least a bachelor's degree from an accredited teacher	31
preparation program or be a participant in the teach for America	32
program and meet the qualifications required under section	33
3319.227 of the Revised Code.	34

(2) An applicant for a professional educator license shall:

(a) Hold at least a bachelor's degree from an institution of	36
higher education accredited by a regional accrediting	37
organization;	38

(b) Have successfully completed the Ohio teacher residency	39
program established under section 3319.223 of the Revised Code, if	40
the applicant's current or most recently issued license is a	41
resident educator license issued under this section or an	42
alternative resident educator license issued under section 3319.26	43
of the Revised Code.	44

(3) An applicant for a senior professional educator license	45
shall:	46

(a) Hold at least a master's degree from an institution of	47
higher education accredited by a regional accrediting	48
organization;	49

(b) Have previously held a professional educator license	50
issued under this section or section 3319.222 or under former	51
section 3319.22 of the Revised Code;	52

(c) Meet the criteria for the accomplished or distinguished	53
level of performance, as described in the standards for teachers	54
adopted by the state board under section 3319.61 of the Revised	55
Code.	56

(4) An applicant for a lead professional educator license	57
shall:	58

(a) Hold at least a master's degree from an institution of	59
higher education accredited by a regional accrediting	60
organization;	61

(b) Have previously held a professional educator license or a	62
senior professional educator license issued under this section or	63
a professional educator license issued under section 3319.222 or	64
former section 3319.22 of the Revised Code;	65

(c) Meet the criteria for the distinguished level of	66
performance, as described in the standards for teachers adopted by	67
the state board under section 3319.61 of the Revised Code;	68

(d) Either hold a valid certificate issued by the national	69
board for professional teaching standards or meet the criteria for	70
a master teacher or other criteria for a lead teacher adopted by	71
the educator standards board under division (F)(4) or (5) of	72
section 3319.61 of the Revised Code.	73

(C) The state board shall align the standards and	74
qualifications for obtaining a principal license with the	75
standards for principals adopted by the state board under section	76
3319.61 of the Revised Code.	77

(D) If the state board requires any examinations for	78
educator licensure, the department of education shall provide the	79
results of such examinations received by the department to the	80
chancellor of the Ohio board of regents, in the manner and to the	81
extent permitted by state and federal law.	82

(E) Any rules the state board of education adopts, amends, or	83
rescinds for educator licenses under this section, division (D) of	84
section 3301.07 of the Revised Code, or any other law shall be	85
adopted, amended, or rescinded under Chapter 119. of the Revised	86
Code except as follows:	87

(1) Notwithstanding division (D) of section 119.03 and	88
division (A)(1) of section 119.04 of the Revised Code, in the case	89
of the adoption of any rule or the amendment or rescission of any	90
rule that necessitates institutions' offering preparation programs	91
for educators and other school personnel that are approved by the	92
chancellor of the Ohio board of regents under section 3333.048 of	93
the Revised Code to revise the curriculum of those programs, the	94
effective date shall not be as prescribed in division (D) of	95
section 119.03 and division (A)(1) of section 119.04 of the	96
Revised Code. Instead, the effective date of such rules, or the	97
amendment or rescission of such rules, shall be the date	98
prescribed by section 3333.048 of the Revised Code.	99

(2) Notwithstanding the authority to adopt, amend, or rescind	100
emergency rules in division (F) of section 119.03 of the Revised	101
Code, this authority shall not apply to the state board of	102
education with regard to rules for educator licenses.	103

(F)(1) The rules adopted under this section establishing	104
standards requiring additional coursework for the renewal of any	105
educator license shall require a school district and a chartered	106
nonpublic school to establish local professional development	107
committees. In a nonpublic school, the chief administrative	108
officer shall establish the committees in any manner acceptable to	109
such officer. The committees established under this division shall	110
determine whether coursework that a district or chartered	111
nonpublic school teacher proposes to complete meets the	112
requirement of the rules. The department of education shall	113
provide technical assistance and support to committees as the	114
committees incorporate the professional development standards	115
adopted by the state board of education pursuant to section	116
3319.61 of the Revised Code into their review of coursework that	117
is appropriate for license renewal. The rules shall establish a	118
procedure by which a teacher may appeal the decision of a local	119
professional development committee.	120

(2) In any school district in which there is no exclusive	121
representative established under Chapter 4117. of the Revised	122
Code, the professional development committees shall be established	123
as described in division (F)(2) of this section.	124

Not later than the effective date of the rules adopted under	125
this section, the board of education of each school district shall	126
establish the structure for one or more local professional	127
development committees to be operated by such school district. The	128
committee structure so established by a district board shall	129
remain in effect unless within thirty days prior to an anniversary	130
of the date upon which the current committee structure was	131
established, the board provides notice to all affected district	132
employees that the committee structure is to be modified.	133
Professional development committees may have a district-level or	134
building-level scope of operations, and may be established with	135
regard to particular grade or age levels for which an educator	136
license is designated.	137

Each professional development committee shall consist of at	138
least three classroom teachers employed by the district, one	139
principal employed by the district, and one other employee of the	140
district appointed by the district superintendent. For committees	141
with a building-level scope, the teacher and principal members	142
shall be assigned to that building, and the teacher members shall	143
be elected by majority vote of the classroom teachers assigned to	144
that building. For committees with a district-level scope, the	145
teacher members shall be elected by majority vote of the classroom	146
teachers of the district, and the principal member shall be	147
elected by a majority vote of the principals of the district,	148
unless there are two or fewer principals employed by the district,	149
in which case the one or two principals employed shall serve on	150
the committee. If a committee has a particular grade or age level	151
scope, the teacher members shall be licensed to teach such grade	152
or age levels, and shall be elected by majority vote of the	153
classroom teachers holding such a license and the principal shall	154
be elected by all principals serving in buildings where any such	155
teachers serve. The district superintendent shall appoint a	156
replacement to fill any vacancy that occurs on a professional	157
development committee, except in the case of vacancies among the	158
elected classroom teacher members, which shall be filled by vote	159
of the remaining members of the committee so selected.	160

Terms of office on professional development committees shall	161
be prescribed by the district board establishing the committees.	162
The conduct of elections for members of professional development	163
committees shall be prescribed by the district board establishing	164
the committees. A professional development committee may include	165
additional members, except that the majority of members on each	166
such committee shall be classroom teachers employed by the	167
district. Any member appointed to fill a vacancy occurring prior	168
to the expiration date of the term for which a predecessor was	169
appointed shall hold office as a member for the remainder of that	170
term.	171

The initial meeting of any professional development	172
committee, upon election and appointment of all committee members,	173
shall be called by a member designated by the district	174
superintendent. At this initial meeting, the committee shall	175
select a chairperson and such other officers the committee deems	176
necessary, and shall adopt rules for the conduct of its meetings.	177
Thereafter, the committee shall meet at the call of the	178
chairperson or upon the filing of a petition with the district	179
superintendent signed by a majority of the committee members	180
calling for the committee to meet.	181

(3) In the case of a school district in which an exclusive	182
representative has been established pursuant to Chapter 4117. of	183
the Revised Code, professional development committees shall be	184
established in accordance with any collective bargaining agreement	185
in effect in the district that includes provisions for such	186
committees.	187

If the collective bargaining agreement does not specify a	188
different method for the selection of teacher members of the	189
committees, the exclusive representative of the district's	190
teachers shall select the teacher members.	191

If the collective bargaining agreement does not specify a	192
different structure for the committees, the board of education of	193
the school district shall establish the structure, including the	194
number of committees and the number of teacher and administrative	195
members on each committee; the specific administrative members to	196
be part of each committee; whether the scope of the committees	197
will be district levels, building levels, or by type of grade or	198
age levels for which educator licenses are designated; the lengths	199
of terms for members; the manner of filling vacancies on the	200
committees; and the frequency and time and place of meetings.	201
However, in all cases, except as provided in division (F)(4) of	202
this section, there shall be a majority of teacher members of any	203
professional development committee, there shall be at least five	204
total members of any professional development committee, and the	205
exclusive representative shall designate replacement members in	206
the case of vacancies among teacher members, unless the collective	207
bargaining agreement specifies a different method of selecting	208
such replacements.	209

(4) Whenever an administrator's coursework plan is being	210
discussed or voted upon, the local professional development	211
committee shall, at the request of one of its administrative	212
members, cause a majority of the committee to consist of	213
administrative members by reducing the number of teacher members	214
voting on the plan.	215

(G)(1) The department of education, educational service	216
centers, county boards of developmental disabilities, regional	217
professional development centers, special education regional	218
resource centers, college and university departments of education,	219
head start programs, the eTech Ohio commission, and the Ohio	220
education computer network may establish local professional	221
development committees to determine whether the coursework	222
proposed by their employees who are licensed or certificated under	223
this section or section 3319.222 of the Revised Code, or under the	224
former version of either section as it existed prior to ~~the~~	225
~~effective date of this amendment~~October 16, 2009, meet the	226
requirements of the rules adopted under this section. They may	227
establish local professional development committees on their own	228
or in collaboration with a school district or other agency having	229
authority to establish them.	230

Local professional development committees established by	231
county boards of developmental disabilities shall be structured in	232
a manner comparable to the structures prescribed for school	233
districts in divisions (F)(2) and (3) of this section, as shall	234
the committees established by any other entity specified in	235
division (G)(1) of this section that provides educational services	236
by employing or contracting for services of classroom teachers	237
licensed or certificated under this section or section 3319.222 of	238
the Revised Code, or under the former version of either section as	239
it existed prior to ~~the effective date of this amendment~~October	240
16, 2009. All other entities specified in division (G)(1) of this	241
section shall structure their committees in accordance with	242
guidelines which shall be issued by the state board.	243

(2) Any public agency that is not specified in division	244
(G)(1) of this section but provides educational services and	245
employs or contracts for services of classroom teachers licensed	246
or certificated under this section or section 3319.222 of the	247
Revised Code, or under the former version of either section as it	248
existed prior to ~~the effective date of this amendment~~October 16,	249
2009, may establish a local professional development committee,	250
subject to the approval of the department of education. The	251
committee shall be structured in accordance with guidelines issued	252
by the state board.	253

Sec. 3319.223. (A) Not later than January 1, 2011, the	254
superintendent of public instruction and the chancellor of the	255
Ohio board of regents jointly shall establish the Ohio teacher	256
residency program, which shall be a four-year, entry-level program	257
for classroom teachers. The teacher residency program shall	258
include at least the following components:	259

(1) Mentoring by teachers who hold a lead professional	260
educator license issued under section 3319.22 of the Revised Code;	261

(2) Counseling to ensure that program participants receive	262
needed professional development;	263

(3) Measures of appropriate progression through the program.

264

(B) The teacher residency program shall be aligned with the	265
standards for teachers adopted by the state board of education	266
under section 3319.61 of the Revised Code and best practices	267
identified by the superintendent of public instruction.	268

(C) Each person who holds a resident educator license issued	269
under section 3319.22 or 3319.227 of the Revised Code or an	270
alternative resident educator license issued under section 3319.26	271
of the Revised Code shall participate in the teacher residency	272
program. Successful completion of the program shall be required to	273
qualify any such person for a professional educator license issued	274
under section 3319.22 of the Revised Code.	275

Sec. 3319.227. (A) Notwithstanding any other provision of	276
the Revised Code or any rule adopted by the state board of	277
education to the contrary, the state board shall issue a resident	278
educator license under section 3319.22 of the Revised Code to each	279
person who is assigned to teach in this state as a participant in	280
the teach for America program and who meets the following	281
conditions:	282

(1) Holds a bachelor's degree from an accredited institution	283
of higher education;	284

(2) Maintained a cumulative undergraduate grade point average	285
of at least 2.5 out of 4.0, or its equivalent;	286

(3) Has passed an examination prescribed by the state board	287
in the subject area to be taught;	288

(4) Has successfully completed the summer training institute	289
operated by teach for America.	290

(B) The state board shall issue a resident educator license	291
under this section for teaching in any grade level or subject area	292
for which a person may obtain a resident educator license under	293
section 3319.22 of the Revised Code.	294

(C) Notwithstanding any other provision of the Revised Code	295
or any rule adopted by the state board to the contrary, the state	296
board shall issue a resident educator license under section	297
3319.22 of the Revised Code to any applicant who has completed at	298
least two years of teaching in another state as a participant in	299
the teach for America program and meets all of the conditions of	300
divisions (A)(1) to (4) of this section. The state board shall	301
credit an applicant under this division as having completed two	302
years of the teacher residency program under section 3319.223 of	303
the Revised Code.	304

Section 2. That existing sections 3319.22 and 3319.223 of the	305
Revised Code are hereby repealed.	306

Section 3. Section 3319.22 of the Revised Code is presented	307
in this act as a composite of the section as amended by both Am.	308
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	309
General Assembly, applying the principle stated in division (B) of	310
section 1.52 of the Revised Code that amendments are to be	311
harmonized if reasonably capable of simultaneous operation, finds	312
that the composite is the resulting version of the section in	313
effect prior to the effective date of the section as presented in	314
this act.	315