EDUCATOR STANDARDS BOARD BYLAWS

OHIO EDUCATOR STANDARDS BOARD

(Revised 09.02.11)

MISSION:

“The Ohio Educator Standards Board collaboratively promotes educator quality, professionalism, and public accountability on behalf of the students and citizens of Ohio.”

VISION:

“Student Learning driven by quality educator development”

PREAMBLE

The Educator Standards Board was created by the signing of Senate Bill 2 into law by former Governor Taft on March 10, 2004. The motivation for the legislation is found in the recommendations brought forth in Achieving More: Quality Teaching, School Leadership, Student Success, the final report of the Governor’s Commission on Teaching Success.

The role of the Educator Standards Board includes the creation of standards for what teachers and principals should know and be able to do throughout their career, the creation of standards for licensure renewal and the creation of standards for professional development. The role also includes: collaborating with colleges and universities to align teacher preparation programs with the standards, monitoring compliance with the standards, providing advice and counsel to the State Board of Education on matters of teacher education and licensure and researching policies on the profession of teaching and school principalship.

Governor Strickland signed House Bill 1 on July 17, 2009, creating changes and additions to the Educator Standards Board.

The creation of standards for what superintendents, school treasurers and business managers should know and be able to do throughout their career have been added to the role of the Educator Standards. Additional roles include: investigating and making recommendations for the creation, expansion, and implementation of school building and school district leadership academies, developing model teacher and principal evaluation instruments and processes based on standards, and recommending eligibility and renewal standards for a resident educator license, professional educator license, senior professional educator license, lead professional educator license and principal license. HB1 eliminated the ESB’s role in collaborating with colleges and universities to align teacher preparation programs with the standards and the recommendations to the SBOE regarding unit and program approvals.

BYLAWS

INTRODUCTION

The bylaws are intended to clarify and specify the rules and procedures of the Educator Standards Board (ESB) and to help guide ESB members in the performance of their duties. The procedures adopted by the ESB to govern its own operation are outlined herein. As an agency of the State of Ohio, the ESB is also subject to the rules and regulations governing such entities.

MEMBERSHIP

The ESB consists of 21 voting members and six ex-officio, non-voting members. The 21 voting members are: ten public school classroom teachers, one teacher from a chartered, non-public school, five school administrators, one member of a school district board of education, one person who is a parent, and three persons employed by institutions of higher education. The ex-officio, non-voting members are the State Superintendent of Public Instruction or a designee, the Chancellor of the Board of Regents or a designee, the chair and ranking minority member of the Senate Education Committee or a designee and the chair and ranking minority member of the House of Representatives Education Committee or a designee.

Eighteen ESB members are appointed by the State Board of Education from nominations submitted by stakeholder organizations and the three higher education members are appointed by the Chancellor of the Board of Regents. The length of term is two years from the date appointed and terms are renewable. Each member shall hold office from the date of the member’s appointment until the end of the term for which the member has been appointed. Vacancies are filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed holds office for the remainder of such term. A term is from July-June.

The teacher members are selected as follows: one person employed as a teacher in a pre-K classroom, three persons employed as teachers in an elementary classroom, two persons employed as teachers in a middle school, three persons employed as teachers in a secondary school, one person who serves as a teacher on a local Professional Development Committee and one person employed as a teacher in a chartered, non-public school. At least one of the public school teachers must be certified by the National Board for Professional Teaching Standards.

The school administrator members are selected as follows: one person employed as an elementary principal, one person employed as a middle school principal, one person employed as a secondary school principal, one person employed as a school district superintendent and one person employed as a school treasurer or business manager.

The higher education members are selected as follows: one person employed in a private institution, one person employed in a state university or university branch and one person employed by a state community college, community college, or technical college. Of the two persons employed in the four year institutions, one is employed in a college of education and one is employed in a college of arts and sciences.

The parent member is selected from nominees from the Ohio Parent Teacher Association and the school board member is selected from nominees who are members of a school district board of education.

Should a member change role or affiliation during a term, the original nominating stakeholder will determine if said member will fulfill the duration of the term.

ESB members receive no compensation for their services.

AUTHORITY OF EDUCATOR STANDARDS BOARD MEMBERS

The ESB members have authority only when acting as a board legally in session. The ESB cannot be bound by any statements or actions of individual members unless such members are directed to act as representatives of the ESB by the chair.

CONFLICTS OF INTEREST

Board members shall not participate in any decision-making capacity if they have a close, active association with an institution or issue that is being considered for official action. The Board member shall recuse themselves when such motions are under consideration.

A "close active association" includes:

having been a member of the faculty or staff or a student at the institution within the prior ten years ("student" includes persons having been enrolled in a significant course of study or degree program, or being a graduate of the institution);
having been a consultant at the institution within the prior ten years;
participating (on an individual basis) in a specific consortium or special research relationship;
having an immediate family member attending or in the employ of the organization;
having a financial stake in the issue being considered.

ROLE OF THE EDUCATOR STANDARDS BOARD MEMBERS

While not receiving any additional compensation for their services and recognizing that membership on the ESB is an additional responsibility for members, ESB members are expected to:

Promote the vision and mission of the ESB;
Maintain high standards of personal and professional conduct in executing the ESB’s business;
Express views, opinions and concerns openly and honestly;
Act as responsible and fair liaisons to their constituency.
Attend all ESB meetings.
Be as fully prepared as possible for meetings by reading, reviewing, and reflecting on materials distributed.
Work collaboratively with all other Board members.
Take on additional ESB responsibilities such as representation of the ESB at public meetings, conferences, etc, attendance at additional meetings as requested by the chair or director, and the development of intermediate work projects.
Engage in decision making processes that are inclusive (all voices given credence) and participatory, are based on solid evidence and reason, arrived at through vigorous inquiry and deliberation and provide opportunities for all relevant and valid information to be considered.
An ESB member may make a “request to consider” a topic for discussion of the ESB through the Chair. The Chair will determine if it is appropriate to be considered and if so assign it to a committee.

OFFICERS OF THE EDUCATOR STANDARDS BOARD

The ESB is mandated by Senate Bill 2 to have a chair and a vice-chair. The officers are elected by a majority vote of the ESB upon receipt of a slate of nominees gathered by the Director in conjunction with the Vice-Chair. Any voting member of the board is eligible to be included on the slate of nominees and to serve as an officer. Ohio Department of Education (ODE) staff will serve as the ESB secretary.

The slate of nominees is completed for the regularly scheduled ESB meeting of each year immediately prior to the ESB Retreat. Elections are conducted by the conclusion of the regularly scheduled June ESB meeting. In the event of a tie vote for an officer, a coin toss will be used to determine the officer. Terms of office are for one year and shall commence with the first regularly scheduled ESB meeting after July 1. No officer shall serve more than two consecutive terms in the same office.

A person filling an unexpired term may serve two, one year terms in addition to the unexpired term.

If the chair becomes vacant the vice-chair will move up and fill the remainder of the term. If the vice-chair becomes vacant, nominations will be accepted for the remainder of the term. Voting for the unexpired term of vice-chair will take place the month following nominations.

ROLE OF THE OFFICERS

The role of the ESB Chair is to:

· Preside at all regularly scheduled and special meetings of the ESB.

· Approve the agenda developed in collaboration with the Director.

· Collaborate with the Committee Chairs and the Director to set and approve the agendas for committee meetings.

· Set joint committee meetings whenever necessary.

· Prepare recommendations for standing committee membership and charge.

· Appoint standing committee chairs.

· Appoint members and committee leadership of ad hoc committees

· Appoint three ESB members to the Superintendent’s and the School Treasurer and Business Manager’s subcommittees.

· Along with the Director, is the only official spokesperson for the ESB.

· Direct the preparation of the annual report.

· Perform the duties of the office including those assigned by the ESB.

The role of the ESB Vice-Chair is to:

· Preside at meetings in the absence of the Chair.

· Preside at meetings at the request of the Chair.

· Collaborate with the Director to secure a slate of nominees for officers.

· Perform functions at the behest of the Chair.

DIRECTOR

Senate Bill 2 mandated the creation of the Office of Educator Standards within the Center for the Teaching Profession at the Ohio Department of Education for the purpose of providing administrative services to the ESB. The Director of the Office of Educator Standards serves as the Director of the ESB. As Director of the ESB, the Director’s role is to:

· Collaborate with the Chair in developing the agendas.

· Facilitate ESB meetings as directed by the Chair.

· Designate a staff person to serve as secretary for the ESB.

· Staff the ESB meetings.

· Work with the Chair to facilitate the work of the ESB.

· Mobilize resources for research.

· Serve as an ESB spokesperson upon consultation with the Chair.

· Maintain records of the ESB.

· Monitor the expenses of the ESB.

· Keep the ESB informed of current research, developments and initiatives in applicable areas.

· Ensure collaboration with and input from stakeholder groups.

· Work collaboratively with existing staff in the Center for the Teaching Profession to aid the work of the ESB.

· Work collaboratively with the Board of Regents, the Joint Council and colleges and universities to align the work of the ESB with higher education.

· Prepare reports directed by the ESB.

· Serve as liaison from the ESB to educational organizations.

· Fulfill any additional administrative duties as assigned by the ESB.

COMMITTEES

The ESB shall have two standing committees: Licensure and Standards. The functions of the committees should be organized around the issues being addressed by the ESB. Each committee shall have at least one member who is an ESB member, but may include non- ESB members as resource persons. ESB members should be assigned to committees with consideration for hearing all voices pertinent to the work to be accomplished. The ESB should always have committees with a specific charge, including outcomes that are expected and a time frame in which those outcomes must be realized.

The Chair has the ability to appoint internal and external ad-hoc committees to deal with special issues; ad-hoc committees shall have an assigned beginning and ending timeline and a specific charge. There shall be an ad hoc Policies Committee that shall meet only when directed by the ESB Chair.

House Bill 1 created two subcommittees of the ESB. They are the subcommittee on standards for school treasurers and business managers and the subcommittee on standards for superintendents. (Established in ORC 3319.611 and ORC 3319.612)

STANDING COMMITTEES:

Licensure Committee

Purpose: The purpose of the Licensure Committee of the ESB is to make recommendations to the ESB on issues that relate to licensure.

Structure: The Licensure Committee of the ESB has a Chair whose duties include: presiding over committee meetings, collaborating with ESB leadership to set committee agendas, supporting committee liaisons, and any other duties as assigned by the ESB Chair.

Specific Responsibilities:

o Initial licensure requirements

o Renewal requirements of licenses

o Reciprocity issues

o Review requests for and make recommendations related to new licensure areas or the alteration of existing licensure areas.

o Other responsibilities as assigned by the ESB Chair.

Reporting Process: The Licensure Committee shall report its recommendations to the ESB through the chairperson of the committee at regularly scheduled ESB meetings.

Committee Support: The Ohio Department of Education staff supports the Licensure Committee.

Standards Committee

Purpose: The purpose of the Standards Committee of the ESB is to provide a forum for the educator standards and to make recommendations to the ESB on issues that relate to educator standards related to teachers, principals, superintendents, school treasurers and business managers and professional development.

Specific Responsibilities:

The Standards Committee may make recommendations to the ESB in the following areas:

· Standards review and revision,

· Model teacher and principal evaluation instruments and processes

· Research, develop and recommend policies on the professions of teaching and school administration,

· Recommend policies to close the achievement gap between students of different subgroups,

· Monitor compliance with the standards developed

· Issues regarding Teacher Quality,

· Recruitment and retention efforts,

· Issues related to cultural competency,

· Issues may be assigned by the Chair and Director to the full ESB for consideration,

· Standards implementation, and

· Any other issue as directed by the Chair.

Structure: The Standards Committee of the ESB has a Chair whose duties include: presiding over committee meetings, collaborating with ESB leadership to set committee agendas, supporting committee liaisons, and any other duties as assigned by the ESB Chair.

Reporting Process: The Standards Committee reports its recommendations to the ESB through the Chair. The Chair reports on overall progress and committee liaisons provide updates.

Committee Support: Ohio Department of Education staff supports the Standards Committee.

Ad Hoc Policies Committee

Purpose:

· Lead the ESB in its periodic self-evaluation and informal evaluation of the Director.

· Review the ESB By-Laws as directed and make recommendations to revise as appropriate.

Structure: The ad hoc Policies Committee has no standing membership. Members and committee leadership are appointed by the ESB Chair on an as needed basis from the membership of the two standing committees. Meetings are set by the committee leadership as needed.

Reporting Process: The ad hoc Policies Committee reports its recommendations to the ESB through its leadership.

Committee Support: Ohio Department of Education staff supports the ad hoc Policies Committee as needed.

Subcommittees

Subcommittee on standards for superintendents: The purpose, structure, makeup is detailed in ORC section 3319.611.

Sec. 3319.611. The subcommittee on standards for superintendents of the education standards board is hereby established. The subcommittee shall consist of the following members:

(A) The school district superintendent appointed to the educator standards board under section 3319.60 of the Revised Code, who shall act as chairperson of the subcommittee;

(B) Three additional school district superintendents appointed by the state board of education, for terms of two years. The Buckeye Association of School Administrators (BASA) shall submit a list of six nominees for appointments under this section.

(C) Three additional members of the educator standards board, appointed by the chairperson of the educator standards board;

(D) The superintendent of public instruction and the chancellor of the Ohio board of regents, or their designees, who shall serve as nonvoting, ex officio members of the subcommittee.

Members of the subcommittee shall receive no compensation for their services. The members appointed under divisions (B) and (C) of this section may be reappointed.

The subcommittee shall assist the educator standards board in developing the standards for superintendents and with any additional matters the educator standards board directs the subcommittee to examine.

Subcommittee on standards for school treasurers and business managers: The purpose, structure, makeup is detailed in ORC section 3319.612.

Sec. 3319.612. The subcommittee on standards for school treasurers and business managers of the educator standards board is hereby established. The subcommittee shall consist of the following members:

(A) The school district treasurer or business manager appointed to the educator standards board under section 3319.60 of the Revised Code, who shall act as chairperson of the subcommittee;

(B) Three additional school district treasurers or business managers appointed by the state board of education for terms of two years. The Ohio Association of School Business Officials (OASBO) shall submit a list of six nominees for appointments under this section.

(C) Three additional members of the educator standards board, appointed by the chairperson of the educator standards board;

(D) The superintendent of public instruction and the chancellor of the Ohio board of regents, or their designees, who shall serve as nonvoting, ex officio members of the subcommittee.

Members of the subcommittee shall receive no compensation for their services. The members appointed under divisions (B) and (C) of this section may be reappointed.

The subcommittee shall assist the educator standards board in developing the standards for school treasurers and business managers and with any additional matters the educator standards board directs the subcommittee to examine.

OPERATIONAL PROCEDURES AND BY-LAWS

Operating procedures and By-Laws for ESB responsibilities and conduct are adopted by the ESB in open session and require 14 yes votes to adopt, amend, or delete. A roll call vote is used. Following initial acceptance of the By-Laws, a procedure or By-Law is not to be voted on at the first meeting at which it is proposed unless extraordinary circumstances require immediate action as recognized by a two-thirds vote of ESB members present. In all other instances, adoption occurs at the next regularly scheduled ESB meeting.

MEETINGS

The full ESB meets no fewer than 7 times a year in regularly scheduled session.

The Chair and the Director have ability to call special meetings. Special meetings are called upon written notice issued by the Director or the Chair, or when requested by a majority of ESB members. Notice of a special meeting is issued at least 48 hours in advance.

Applicable expenses, including substitutes for classroom teachers, are reimbursed according to the State of Ohio guidelines.

Meeting dates, times and tentative agenda items of regularly scheduled meetings are publicized at least one week in advance of the meeting. Public notice of Board meetings must be given.

MEETING STRUCTURE

When feasible, standing committees meet on the day prior to the regularly scheduled ESB meeting.

The ESB uses a modified version of Roberts Rules of Order to conduct the business meetings; this includes the use of a consent agenda where deemed feasible by the Chair and the Director. The Chair leads the meeting of the ESB and may request the Director to facilitate any portion of the meeting.

The ESB operates with a consensus approach; however, all issues decided upon in open session require a recorded vote. A quorum of a simple majority (eleven members present) is needed in order to conduct a vote. In the case of a roll call vote, a simple majority of the ESB is required to take action except in the case of by-law votes, which require 14 yes votes to take action.

The agenda follows the order below unless properly amended.

I. Call to Order

II. Roll Call

III. Introductions

IV. Approval of the Agenda

V. Approval of Minutes

VI. Director’s Report

VII. Ohio Board of Regents Report

VIII. Ohio Department of Education Report

IX. State Board of Education Report

X. Chairman’s Report

XI. Committee Reports

XII. Discussion Items

A. Current research and issues

B. Other

XIII. Action Items

XIV. Old Business

XV. New Business

XVI. Announcements

XVII. Adjourn

The ESB should consider the use of virtual meetings and teleconferences under applicable circumstances and legal guidelines.

ADMINISTRATOR ISSUES VOTING PROCEDURE

Issues of licensure and standards for administrators that come before the Educator Standards Board shall be addressed as follows:

When an issue comes before the ESB that concerns licensure or standards for administrators, any ESB member holding one of the board seats representing administrators may request at any time prior to a vote on the issue that the chair invoke the following procedure. The Chair is obligated to honor such a request.

Step I – The issue may be discussed in any relevant standing, ad hoc and subcommittee(s) of the ESB, and by any member of the ESB in open session according to the procedures adopted by the board. Any ESB member may move or second an action concerning the issue.

Step II – Any motion regarding the issue will be called for a vote in open session of the ESB.

In the vote, each ESB member representing an administrator constituency will have one vote. The ESB members representing a teacher constituency will vote as a "block” having one total vote. The ESB members representing a higher education constituency will vote as a “block” having one total vote. The ESB member representing the Ohio School Boards constituency and the Ohio Parent Teacher Association will have one vote.

The ESB members representing teachers and/or the members representing higher education will be accorded sufficient time to caucus on the issue if so requested.

Should either or both of the “block” voting groups be unable to reach a majority decision on how to cast their vote, that group will be recorded as “not voting.”

Passage of the motion requires a simple majority of the votes cast.

Step III – Any action taken on the issue shall be reported to the State Board of Education as representative of the Educator Standards Board in the same manner as any other action taken by the Educator Standards Board.

AUDIENCE PARTICIPATION AT MEETINGS

Persons or groups requesting to appear before the ESB are given a reasonable opportunity to do so. Those who wish to secure a place on the agenda must submit the completed Request to Address the Educator Standards Board form found on the ESB web site. (Addendum #1) Included with the submission must be a copy of any materials to be distributed to the ESB. The form and materials must be received by the Director at least one week prior to the date of the ESB meeting.

On the day of the ESB meeting, interested parties may address the ESB during Public Comment by placing their name(s) on the Public Comment sign–up sheet located at the entrance to the ESB meeting. Speaking order will be determined by order of sign-up with no more than two minutes allotted per speaker and no more than thirty minutes total. It is not guaranteed that every person signing up will be assured of speaking. The Chair reserves the right to end repetitious or immaterial presentations.

PROCEDURE FOR REVIEW OF POSSIBLE LICENSURE ADDITIONS/CHANGES

Individuals or groups seeking the Educator Standards Board (ESB) to consider a request for review of and/or a recommendation for action on a licensure/certification proposal should adhere to the following procedure.

No fewer than 10 business days prior to the next scheduled ESB meeting;

1. Those acting as an individual or as a representative of a stakeholder group should submit to the Director a cover letter outlining the nature of the proposal, the issues involved and a rationale for action requested. Included with the cover letter should be whatever appropriate and relevant supporting documentation and citations the individual or group believes is necessary for the ESB to make an informed decision on the proposal.

2. Those acting as a representative of the Ohio Department of Education (ODE) should contact the Director of the ESB and the Office of Educator Licensure (if not representing that office) outlining the nature of the proposal, the issues involved, the rationale for action and citation of the relevant language in the Ohio Teacher Education and Licensure Standards, the Ohio Administrative Code (OAC) and/or the Ohio Revised Code (ORC).

Upon receipt of a proper request, the Director shall notify the ESB Chair and the Licensure Committee Chair of the request, and shall place the proposal as an item for consideration on the agenda of the next scheduled meeting of the ESB Standards Committee. If appropriate, the Director will contact the maker of the request to arrange a short presentation at the committee meeting.

If the request originates from an individual or a group outside of the ODE, the Director will notify the Office of Educator Licensure of the request and consult with that Office to gain understanding of the efficacy and ramifications of the proposal.

If appropriate, representatives of ODE will be invited to address the committee or the ESB concerning the proposal.

Upon consideration of the proposal, all relevant supporting materials and testimony, the Standards Committee will vote on any recommendation for action on the proposal and inform the ESB of such action.

Following consideration of the Licensure Committee report on the proposal, the ESB will consider making a formal recommendation for action to the State Board of Education (SBOE).

The Director will report to the ESB on any action taken by the SBOE.

REQUEST TO RECONSIDER AN ISSUE BEFORE THE EDUCATOR STANDARDS BOARD

I. Any party who has received consideration on an issue to come before Ohio’s Educator Standards Board, either in full or in Committee, may submit a “Request for Reconsideration” of the issue no sooner than 180 days from the most recent consideration.

II. The request must be made in writing to the Director of the Educator Standards Board, must be signed by the original party or a duly designated representative thereof, and must include all relevant supporting documents. The request shall state the nature of the reconsideration including any adverse actions or inactions that are at issue, and the specific remedial action(s) that would satisfy the party’s concerns.

III. After review of the request by the original considering body, that body will determine if grounds for reconsideration exist and may recommend to the full board that reconsideration be granted.

IV. Action to Reconsider requires a majority vote of the board members present and voting

V. Upon affirmative vote by the Educator Standards Board, the party will be notified by the Director and a time scheduled for reconsideration. Upon a negative vote, the Director shall so notify the party in writing.

VI. Criteria for reconsideration: Any one or more of the following may constitute reason to reconsider:

A. Recent legislative action that affects the issue

B. Recent action by the State Board of Education that affects the issue

C. Exigent circumstances arising since original consideration that change the circumstances under which the original consideration took place.

D. A significant amount of additional data or evidence of which the considering body was not aware.

REPORTS AND MINUTES OF MEETINGS

The Chair directs the preparation of an annual report of the ESB’s progress and concerns.

Minutes of each meeting are kept by the staff of the Office of Educator Standards and are distributed prior to the next regularly scheduled ESB meeting for review or correction. Approval of the minutes requires ESB action. Copies of minutes approved by the ESB may be sent to groups or individuals requesting them.

PUBLIC RELATIONS

The spokesperson for the ESB in everyday matters is the Director in consultation with the Chair and/or Vice-Chair. The gravity of the issue and the level of expertise shall determine the degree to which the Chair and the Director share spokesperson duties on any given issue. The spokesperson reflects the shared view of the ESB independent of the Ohio Department of Education or any particular stakeholder group.

ESB members are expected to respond to all requests for information and reaction in a professional manner. Individual ESB members do not speak as representatives of the ESB unless clearly directed to do so by the Chair.

The ESB, through the appropriate resources in the ODE, has an internet presence. The ESB should have a regularly scheduled newsletter. News releases are handled through the Director and through the communications staff at the ODE.

ORIENTATION OF NEW MEMBERS

The ESB will conduct a new member orientation process prior to the regularly scheduled September meeting. The orientation should include but is not limited to:

Boardsmanship
Communication with constituents
Ground rules for effectiveness
Stewardship to the profession and general public
Consensus building
ESB policies
Committee structure
Decision making processes

EVALUATION

The ESB, through the Ad-Hoc Policies Committee, develops and periodically updates an assessment tool for self evaluation of its effectiveness in meeting its goals, conducting orientation and training of board members, and accomplishing long term planning. The Board applies that tool on an annual basis between March and June. The administration and assessment of the evaluation shall be conducted by the Ad-Hoc Policies Committee. The Board conducts an annual, informal evaluation of the Director, but the Director is formally evaluated by the appropriate supervisor in the ODE.

Addendum # 1

Ohio Educator Standards Board

REQUEST TO ADDRESS THE BOARD

Non-members who wish to address the Board must fill out the Request to Address the Board form which may be obtained from and returned to the Office of Educator Standards for inclusion on the business meeting agenda. Presentations shall be limited by the chair to ten minutes.

To be completed and returned two weeks prior to the Commission meeting to:

Julia Simmerer, Director-Office of Educator Standards

Ohio Department of Education

25 South Front Street, Mail Stop 508

Columbus, OH 43215-4183

Name:

Title:

Organization:

Business Address:

Home Address:

E-mail Address:

Phone:

Subject of Remarks Including:

Description of Request

Rationale for the Request

Evidence of Broad-based Support

Nature of Impact