As Introduced
132nd General Assembly
Regular Session H. B. No. 181
2017-2018
Representatives Hood, Brinkman
Cosponsors: Representatives Koehler, Vitale, Becker, Goodman, Dean, Riedel, Householder, Keller, Young, Zeltwanger, Roegner, Stein, LaTourette
A BILL
To amend sections 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0718, 3301.0722, 3301.0728, 3302.01, 3302.02, 3302.03, 3302.036, 3302.05, 3310.03, 3310.14, 3310.522, 3311.80, 3311.84, 3313.60, 3313.603, 3313.608, 3313.6017, 3313.6020, 3313.61, 3313.612, 3313.618, 3314.016, 3314.02, 3314.05, 3314.08, 3314.26, 3317.03, 3319.02, 3319.111, 3319.23, 3326.37, 3328.01, 3333.0411, and 3365.05; to enact sections 3301.65 and 3319.324; and to repeal sections 3301.0721, 3319.112, and 3319.114 of the Revised Code with regard to the state academic content standards and primary and secondary education assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0718, 3301.0722, 3301.0728, 3302.01, 3302.02, 3302.03, 3302.036, 3302.05, 3310.03, 3310.14, 3310.522, 3311.80, 3311.84, 3313.60, 3313.603, 3313.608, 3313.6017, 3313.6020, 3313.61, 3313.612, 3313.618, 3314.016, 3314.02, 3314.05, 3314.08, 3314.26, 3317.03, 3319.02, 3319.111, 3319.23, 3326.37, 3328.01, 3333.0411, and 3365.05 be amended and sections 3301.65 and 3319.324 of the Revised Code be enacted to read as follows:
Sec. 3301.078. (A) Notwithstanding anything to the contrary in the Revised Code or in any rule or directive of the state board of education, superintendent of public instruction, or department of education, on or after July 1, 2017, the department of education shall not use any assessment related to the partnership for assessment of readiness for college and career (PARCC), the smarter balanced assessments, or any other assessment developed by a multistate consortium, for use as any of the assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code.
(B) No official or board of this state, whether appointed or elected, shall enter into any agreement or memorandum of understanding with any federal or private entity that would require the state to cede any measure of control over the development, adoption, or revision of academic content standards.
(B)
(C)
No
funds appropriated from the general revenue fund
shall be used to purchase an assessment developed by the partnership
for assessment of readiness for college and careers or
the smarter balanced assessment consortium for
use as the assessments
prescribed under sections 3301.0710 and 3301.0712 of the
Revised Code.
Sec.
3301.079.
(A)(1) The
Subject
to division (A) of section
3301.0718 of the Revised Code, the
state
board of education
periodically shall adopt statewide academic content
standards
with
emphasis on coherence, focus, and essential knowledge and that are
more challenging and demanding when compared to international
standards for
each of grades kindergarten through twelve in English language arts,
mathematics, science, and social studies. The
state board shall not adopt academic content standards that are
developed at the national level or by a multistate consortium.
(a)
The state board shall ensure that the standards do all of the
following:
(i)
Include the essential academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction and
the workplace for success in the twenty-first century;
(ii)
Include the development of skill sets that promote information,
media, and technological literacy;
(iii)
Include interdisciplinary, project-based, real-world learning
opportunities;
(iv)
Instill life-long learning by providing essential knowledge and
skills based in the liberal arts tradition, as well as science,
technology, engineering, mathematics, and career-technical education;
(v)
Be clearly written, transparent, and understandable by parents,
educators, and the general public.
(b)
Not
later than July 1, 2012, the state board shall incorporate into the
social studies standards for grades four to twelve academic content
regarding the original texts of the Declaration of Independence, the
Northwest Ordinance, the Constitution
of the United States and its amendments, with emphasis
on the Bill of Rights, and the Ohio Constitution, and their original
context. The state board shall revise the model
curricula and achievement
assessments adopted under divisions
(B) and division
(C)
of this section as necessary to reflect the additional American
history and American government content. The state board shall make
available a list of suggested grade-appropriate supplemental readings
that place the documents prescribed by this division in their
historical context, which teachers may use as a resource to assist
students in reading the documents within that context.
(c)
When
the state board adopts or revises academic content standards in
social studies, American history, American government, or science
under division (A)(1) of this section, the state board shall develop
such standards independently and not as part of a multistate
consortium.
(2)
After completing the standards required by division (A)(1) of this
section, the state board shall adopt standards and
model curricula for
instruction in technology, financial literacy and entrepreneurship,
fine arts, and foreign language for grades kindergarten through
twelve. The standards shall meet the same requirements prescribed in
division (A)(1)(a) of this section.
(3) The state board shall adopt the most recent standards developed by the national association for sport and physical education for physical education in grades kindergarten through twelve or shall adopt its own standards for physical education in those grades and revise and update them periodically.
The department of education shall employ a full-time physical education coordinator to provide guidance and technical assistance to districts, community schools, and STEM schools in implementing the physical education standards adopted under this division. The superintendent of public instruction shall determine that the person employed as coordinator is qualified for the position, as demonstrated by possessing an adequate combination of education, license, and experience.
(4) When academic standards have been completed for any subject area required by this section, the state board shall inform all school districts, all community schools established under Chapter 3314. of the Revised Code, all STEM schools established under Chapter 3326. of the Revised Code, and all nonpublic schools required to administer the assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code of the content of those standards. Additionally, upon completion of any academic standards under this section, the department shall post those standards on the department's web site.
(B)(1)
The state board shall not
adopt
a model curriculum for instruction in each
any
subject
area for which updated academic standards are required by division
divisions
(A)(1)
and
(2) of
this section and for each of grades kindergarten through twelve
that is sufficient to meet the needs of students in every community.
The model curriculum shall be aligned with the standards, to ensure
that the academic content and skills specified for each grade level
are taught to students, and shall demonstrate vertical articulation
and emphasize coherence, focus, and rigor. When any model curriculum
has been completed, the state board shall inform all school
districts, community schools, and STEM schools of the content of that
model curriculum.
(2)
Not later than June 30, 2013, the state board, in consultation
with any office housed in the governor's office that deals with
workforce development, shall adopt model curricula for grades
kindergarten through twelve that embed career connection learning
strategies into regular classroom instruction.
(3)
All school districts, community schools, and STEM schools may utilize
the state standards and the model curriculum established by the state
board, together with other relevant resources, examples, or models to
ensure that students have the opportunity to attain the academic
standards. Upon request, the department shall provide technical
assistance to any district, community school, or STEM school in
implementing the model curriculum.
Nothing
in this section requires any school district to utilize all or any
part of a model curriculum developed under this section.
(C)
The state
board shall develop elementary
and secondary
achievement
assessments prescribed
under section 3301.0710 and 3301.0712 of the Revised Code shall be
aligned
with the academic standards and
model curriculum for
each of the subject areas and grade levels required by divisions
(A)(1) and (B)(1) of section 3301.0710 of the Revised Code.
When
any achievement assessment has been
completed
approved
for use,
the state board shall inform all school districts, community schools,
STEM schools, and nonpublic schools required to administer the
assessment of its
completion
approval,
and the department shall make the achievement assessment available to
the districts and schools.
(D)(1)
The state board shall adopt a norm-referenced
diagnostic
assessment aligned with the academic standards and
model curriculum for
each of grades kindergarten through two in reading, writing, and
mathematics and for grade three in reading and writing. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills for
the relevant subject area and grade level. Any diagnostic assessment
shall not include components to identify gifted students. Blank
copies of diagnostic assessments shall be public records.
(2)
When each diagnostic assessment has been
completed
approved for use,
the state board shall inform all school districts of its completion
approval
and
the department shall make the diagnostic assessment available to the
districts at no cost to the district.
(3)
School districts shall administer the diagnostic assessment pursuant
to section 3301.0715 of the Revised Code beginning the first school
year following the development
approval
of
the assessment.
However, beginning with the 2017-2018 school year, both of the following shall apply:
(a) In the case of the diagnostic assessments for grades one or two in writing or mathematics or for grade three in writing, a school district shall not be required to administer any such assessment, but may do so at the discretion of the district board;
(b) In the case of any diagnostic assessment that is not for the grade levels and subject areas specified in division (D)(3)(a) of this section, each school district shall administer the assessment in the manner prescribed by section 3301.0715 of the Revised Code.
(E) The state board shall not adopt a diagnostic or achievement assessment for any grade level or subject area other than those specified in this section.
(F)
Whenever the state board or the department consults with persons for
the purpose of drafting or reviewing any standards, diagnostic
assessments, or
achievement
assessments,
or model curriculum
required under this section,
the state board or the department shall first consult with parents of
students in kindergarten through twelfth grade and with active Ohio
classroom teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable, the
state board and department shall consult with teachers recognized as
outstanding in their fields.
If
the department contracts with more than one outside entity for the
development of the achievement assessments required by this section,
the department shall ensure the interchangeability of those
assessments.
(G)
Whenever the state board adopts standards or
model curricula under
this section, the department also shall provide information on the
use of blended or digital learning in the delivery of the standards
or
curricula to
students in accordance with division (A)(4) of this section.
(H)
The fairness sensitivity review committee, established by rule of the
state board of education, shall not allow any question on any
achievement or diagnostic assessment developed under this section or
any proficiency test prescribed by former section 3301.0710 of the
Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire
as to individual moral or social values or beliefs. The
decision of the committee shall be final. This section does not
create a private cause of action.
(I)(1)(a)
The English language arts academic standards review committee is
hereby created to review academic content standards in the subject of
English language arts. The committee shall consist of the following
members:
(i)
Three experts who are residents of this state and who primarily
conduct research, provide instruction, currently work in, or possess
an advanced degree in the subject area. One expert shall be appointed
by each of the president of the senate, the speaker of the house of
representatives, and the governor;
(ii)
One parent or guardian appointed by the president of the senate;
(iii)
One educator who is currently teaching in a classroom, appointed by
the speaker of the house of representatives;
(iv)
The chancellor of the Ohio board of regents, or the chancellor's
designee;
(v)
The state superintendent, or the superintendent's designee, who shall
serve as the chairperson of the committee.
(b)
The mathematics academic standards review committee is hereby created
to review academic content standards in the subject of mathematics.
The committee shall consist of the following members:
(i)
Three experts who are residents of this state and who primarily
conduct research, provide instruction, currently work in,
or possess an advanced degree in the subject area. One expert shall
be appointed by each of the president of the senate, the speaker of
the house of representatives, and the governor;
(ii)
One parent or guardian appointed by the speaker of the house of
representatives;
(iii)
One educator who is currently teaching in a classroom, appointed by
the president of the senate;
(iv)
The chancellor, or the chancellor's designee;
(v)
The state superintendent, or the superintendent's designee, who shall
serve as the chairperson of the committee.
(c)
The science academic standards review committee is hereby created to
review academic content standards in the subject of science. The
committee shall consist of the following members:
(i)
Three experts who are residents of this state and who primarily
conduct research, provide instruction, currently work in, or possess
an advanced degree in the subject area. One expert shall be appointed
by each of the president of the senate, the speaker of the house of
representatives, and the governor;
(ii)
One parent or guardian appointed by the president of the senate;
(iii)
One educator who is currently teaching in a classroom, appointed by
the speaker of the house of representatives;
(iv)
The chancellor, or the chancellor's designee;
(v)
The state superintendent, or the superintendent's designee, who shall
serve as the chairperson of the committee.
(d)
The social studies academic standards review committee is hereby
created to review academic content standards in the subject of social
studies. The committee shall consist of the following members:
(i)
Three experts who are residents of this state and who primarily
conduct research, provide instruction, currently work in, or possess
an advanced degree in the subject area. One expert shall be appointed
by each of the president of the senate, the speaker of the house of
representatives, and the governor;
(ii)
One parent or guardian appointed by the speaker of the house of
representatives;
(iii)
One educator who is currently teaching in a classroom, appointed by
the president of the senate;
(iv)
The chancellor, or the chancellor's designee;
(v)
The state superintendent, or the superintendent's designee, who shall
serve as the chairperson of the committee.
(2)(a)
Each committee created in division (I)(1) of this section shall
review the academic content standards for its respective subject area
to ensure that such standards are clear, concise, and appropriate for
each grade level and promote higher student performance, learning,
subject matter comprehension, and improved student achievement. Each
committee also shall review whether the standards for its respective
subject area promote essential knowledge in the subject, lifelong
learning, the liberal arts tradition, and college and career
readiness and whether the standards reduce remediation.
(b)
Each committee shall determine whether the assessments submitted to
that committee under division (I)(4) of this section are appropriate
for the committee's respective subject area and meet the academic
content standards adopted under this section and community
expectations.
(3)
The department of education shall provide administrative support for
each committee created in division (I)(1) of this section. Members of
each committee shall be reimbursed for reasonable and necessary
expenses related to the operations of the committee. Members of each
committee shall serve at the pleasure of the appointing authority.
(4)
Notwithstanding anything to the contrary in division (O) of section
3301.0711 of the Revised Code, the department shall submit to the
appropriate committee created under division (I)(1) of this section
copies of the questions and corresponding answers on the relevant
assessments required by section 3301.0710 of the Revised Code on the
first day of July following the school year that the assessments were
administered. The department shall provide each committee with the
entire content of each relevant assessment, including corresponding
answers.
The
assessments received by the committees are not public records of the
committees and are not subject to release by the committees to any
other person or entity under section 149.43 of the Revised Code.
However, the assessments shall become public records in accordance
with division (O) of section 3301.0711 of the Revised Code.
(J)
Not later than sixty days
prior to the adoption by the state board of updated academic content
standards
under division (A)(1) of this section
or updated model curricula under division (B)(1) of this section,
the superintendent of public instruction shall
present the academic content
standards
or
model curricula, as applicable, in
person at a public hearing of the respective committees of the house
of representatives and senate that consider education legislation.
(K)
(J)
As
used in this section:
(1) "Blended learning" means the delivery of instruction in a combination of time in a supervised physical location away from home and online delivery whereby the student has some element of control over time, place, path, or pace of learning.
(2)
"Coherence"
means a reflection of the structure of the discipline being taught.
(3)
"Digital
learning" means learning facilitated by technology that gives
students some element of control over time, place, path, or pace of
learning.
(4)
"Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(5)
"Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should be
articulated and reinforced in a developmentally appropriate manner at
each grade level so that over time students acquire a depth of
knowledge and understanding in the core academic disciplines
(3) "Norm-referenced" refers to a standardized test or evaluative instrument for which the resulting scores are interpreted or are used to acquire additional meaning in terms of comparisons made to a reference age or grade group to which an individual belongs.
Sec.
3301.0710.
The state board of education shall adopt rules
establishing a statewide program to assess student achievement.
The state board shall ensure that all assessments administered
under the program are aligned with the academic standards
and
model curricula adopted
by the state board
and are created
with input from Ohio parents, Ohio classroom teachers, Ohio
school administrators, and other Ohio school personnel pursuant
to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that students who receive a high school diploma demonstrate at least high school levels of achievement in English language arts, mathematics, science, and social studies.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of third grade;
(b) Three statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts, mathematics, and social studies skill expected at the end of fourth grade;
(c) Three statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of fifth grade;
(d) Three statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts, mathematics, and social studies skill expected at the end of sixth grade;
(e) Two statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts and mathematics skill expected at the end of seventh grade;
(f) Three statewide norm-referenced achievement assessments, one each designed to measure the level of English language arts, mathematics, and science skill expected at the end of eighth grade.
(2)
The state board shall determine
and designate at least utilize
five
ranges of percentile
scores
on each of the achievement
assessments described in divisions (A)(1) and (B)(1) of
this section. Each range of percentile
scores
shall be deemed to
demonstrate a level of achievement so that any student attaining
a score within such
range the
following quintiles
has
achieved
one of the following
a specified level of skill:
(a) An advanced level of skill, which consists of the eighty-first through one hundredth percentile;
(b) An accelerated level of skill, which consists of the sixty-first through eightieth percentile;
(c) A proficient level of skill, which consists of the forty-first through sixtieth percentile;
(d) A basic level of skill, which consists of the twenty-first through fortieth percentile;
(e) A limited level of skill, which consists of the first through twentieth percentile.
(3)
For the purpose of implementing division (A) of section 3313.608 of
the Revised Code,
the
state board shall determine and designate a level of achievement, not
lower than the level designated in division (A)(2)(e) of this
section, on the third
grade English language arts assessment for a student to be promoted
to the fourth grade. The state board shall review and adjust upward
the level of achievement designated under this division each year the
test is administered until the level is set equal to the level
designated in division (A)(2)(c) of this section
a student who receives a percentile score in the twenty-first
percentile or higher on the third-grade English language arts
assessment shall not be retained under that section and shall not be
retained based solely on the student's percentile score. However, the
parent or guardian of a student who receives a percentile score
between the twenty-first and fortieth percentile may choose to have
the student retained and receive services under section 3313.608 of
the Revised Code.
(B)(1) The assessments prescribed under division (B)(1) of this section shall collectively be known as the Ohio graduation tests. The state board shall prescribe five statewide high school achievement assessments, one each designed to measure the level of reading, writing, mathematics, science, and social studies skill expected at the end of tenth grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such assessment that shall be deemed to be a passing score on the assessment as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code until the assessment system prescribed by section 3301.0712 of the Revised Code is implemented in accordance with division (B)(2) of this section.
(2)
The state
board shall prescribe an assessment
system in
accordance with prescribed
under
section
3301.0712 of the Revised
Code that
shall
replace the Ohio graduation tests beginning
with students who enter the ninth grade for the first time
on or after July 1, 2014.
(3)
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has similar
statewide achievement assessment requirements for receiving
high school diplomas, under which any student who has met
an achievement assessment requirement of one state is recognized
as having met the similar requirement of the other state
for purposes of receiving a high school diploma. For purposes
of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in
this state who has met an achievement assessment requirement
specified
in a reciprocal agreement entered into under this division
shall be deemed to have attained at least the applicable
score designated under this division on each assessment
required by division (B)(1) or (2) of this section that
is specified in the agreement.
(C) The superintendent of public instruction shall designate dates and times for the administration of the assessments prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this division, the superintendent shall designate the dates in such a way as to allow a reasonable length of time between the administration of assessments prescribed under this section and any administration of the national assessment of educational progress given to students in the same grade level pursuant to section 3301.27 of the Revised Code or federal law.
(D)
The state board shall prescribe a practice version of each
Ohio graduation test described in division (B)(1) of this section
that is of comparable length to the actual test.
(E)
Any committee established by the department of education for the
purpose of making recommendations to the state board regarding the
state board's designation of scores on the assessments described by
this section shall inform the state board of the probable percentage
of students who would score in each of the ranges established under
division (A)(2) of this section on the assessments if the committee's
recommendations are adopted by the state board. To the extent
possible, these percentages shall be disaggregated by gender, major
racial and ethnic groups, limited English proficient students,
economically disadvantaged students, students with disabilities, and
migrant students. As
used in this section, "norm-referenced" has the same
meaning as in section 3301.079 of the Revised Code.
Sec.
3301.0711.
(A) The department
state
board
of
education shall:
(1)
Annually furnish to, grade, and score all assessments required by
divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised Code
to be administered by city, local, exempted village, and joint
vocational school districts, except that each district shall score
any assessment administered pursuant to division (B)(10) of this
section. Each assessment so furnished shall include the data
verification code of the student to whom the assessment will be
administered, as assigned pursuant to division (D)(2) of section
3301.0714 of the Revised Code. In furnishing the practice versions of
Ohio graduation tests prescribed by division (D) of section 3301.0710
of the Revised Code, the department shall make the tests available on
its web site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.
(2)
Adopt
adopt
rules for the ethical use of
assessments and prescribing the manner in which the assessments
prescribed by section 3301.0710 of the Revised Code shall be
administered to students.
(B) Except as provided in divisions (C) and (J) of this section, the board of education of each city, local, and exempted village school district shall, in accordance with rules adopted under division (A) of this section:
(1)
Administer (a)
Until the school year that follows the effective date of this
amendment,
administer the
English language arts assessments prescribed under division (A)(1)(a)
of section 3301.0710 of the Revised Code twice annually to all
students in the third grade who have not attained the score
designated for that assessment under division (A)(2)(c) of section
3301.0710 of the Revised Code.
(b) For the 2017-2018 school year, and for each school year thereafter, administer the English language arts assessment prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code once annually to all students in the third grade. The department shall not require districts to administer the assessment described in division (B)(1)(b) of this section in the fall.
(2) Administer the mathematics assessment prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade.
(3) Administer the assessments prescribed under division (A)(1)(b) of section 3301.0710 of the Revised Code at least once annually to all students in the fourth grade.
(4) Administer the assessments prescribed under division (A)(1)(c) of section 3301.0710 of the Revised Code at least once annually to all students in the fifth grade.
(5) Administer the assessments prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade.
(6) Administer the assessments prescribed under division (A)(1)(e) of section 3301.0710 of the Revised Code at least once annually to all students in the seventh grade.
(7) Administer the assessments prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code at least once annually to all students in the eighth grade.
(8) Except as provided in division (B)(9) of this section, administer any assessment prescribed under division (B)(1) of section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and at least twice annually to all students in eleventh or twelfth grade who have not yet attained the score on that assessment designated under that division;
(b) To any person who has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code but has not received a high school diploma and who requests to take such assessment, at any time such assessment is administered in the district.
(9) In lieu of the board of education of any city, local, or exempted village school district in which the student is also enrolled, the board of a joint vocational school district shall administer any assessment prescribed under division (B)(1) of section 3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has not yet attained the score on that assessment designated under that division. A board of a joint vocational school district may also administer such an assessment to any student described in division (B)(8)(b) of this section.
(10)
If
the district has a three-year average graduation rate of not more
than seventy-five per cent, administer each assessment prescribed by
division (D) of section 3301.0710 of the Revised Code in September to
all ninth grade students who entered ninth grade prior to July 1,
2014.
Except
as provided in section 3313.614 of the Revised Code for
administration of an assessment to a person who has fulfilled the
curriculum requirement for a high school diploma but has not passed
one or more of the required assessments, the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code shall
not be administered after the date specified in the rules adopted by
the state board of education under division (D)(1) of section
3301.0712 of the Revised Code.
(11)(a)
Except as provided in division (B)(11)(b) of this section, administer
Administer
the
assessments prescribed by division (B)(2) of section 3301.0710 and
section 3301.0712 of the Revised Code in accordance with the timeline
and plan for implementation of those assessments prescribed by rule
of the state board adopted under division (D)(C)(1)
of section 3301.0712 of the Revised Code;
(b)
A student who has presented evidence to the district or school of
having satisfied the condition prescribed by division (A)(1) of
section 3313.618 of the Revised Code to qualify for a high school
diploma prior to the date of the administration
of the assessment prescribed under division (B)(1) of section
3301.0712 of the Revised Code shall not be required to take that
assessment. However, no board shall prohibit a student who is not
required to take such assessment from taking the assessment.
(C)(1)(a)
In the case of a student receiving special education services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this section, except that a student with
significant cognitive disabilities to whom an alternate assessment is
administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not
be required to take the assessment prescribed under division (B)(1)
of section 3301.0712 of the Revised Code. The individualized
education program may excuse the student from taking any particular
assessment required to be administered under this section if it
instead specifies an alternate assessment method approved by the
department of education as conforming to requirements of federal law
for receipt of federal funds for disadvantaged pupils. To the extent
possible, the individualized education program shall not
excuse provide
the
student from
taking with
an opportunity to take
an
assessment
unless no reasonable accommodation can be made to enable the student
to take the assessment
that is determined to approximate the student's grade level capacity,
with reasonable accommodations.
No board shall prohibit a student who is not required to take an
assessment under division (C)(1) of this section from taking the
assessment.
(b) Any alternate assessment approved by the department for a student under this division shall produce measurable results comparable to those produced by the assessment it replaces in order to allow for the student's results to be included in the data compiled for a school district or building under section 3302.03 of the Revised Code.
(c)(i) Any student enrolled in a chartered nonpublic school who has been identified, based on an evaluation conducted in accordance with section 3323.03 of the Revised Code or section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as amended, as a child with a disability shall be excused from taking any particular assessment required to be administered under this section if a plan developed for the student pursuant to rules adopted by the state board excuses the student from taking that assessment.
(ii)
A student with significant cognitive disabilities to whom an
alternate assessment is administered in accordance with division
(C)(1) of this section and a student determined to have a disability
that includes an intellectual disability as outlined in guidance
issued by the department shall not be required to take the assessment
prescribed under division
(B)(1) of section
3301.0712 of the Revised Code.
(iii) In the case of any student so excused from taking an assessment under division (C)(1)(c) of this section, the chartered nonpublic school shall not prohibit the student from taking the assessment.
(2) A district board may, for medical reasons or other good cause, excuse a student from taking an assessment administered under this section on the date scheduled, but that assessment shall be administered to the excused student not later than nine days following the scheduled date. The district board shall annually report the number of students who have not taken one or more of the assessments required by this section to the state board not later than the thirtieth day of June.
(3) As used in this division, "limited English proficient student" has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English proficient student from taking any particular assessment required to be administered under this section, except as follows:
(a)
Any limited English proficient student who has been enrolled in
United States schools for less than two years and for whom no
appropriate accommodations are available based on guidance issued by
the department shall not be required to take the assessment
prescribed under division
(B)(1) of section
3301.0712 of the Revised Code.
(b) Any limited English proficient student who has been enrolled in United States schools for less than one full school year shall not be required to take any reading, writing, or English language arts assessment.
However, no board shall prohibit a limited English proficient student who is not required to take an assessment under division (C)(3) of this section from taking the assessment. A board may permit any limited English proficient student to take an assessment required to be administered under this section with appropriate accommodations, as determined by the department. For each limited English proficient student, each school district shall annually assess that student's progress in learning English, in accordance with procedures approved by the department.
(4)(a) The governing authority of a chartered nonpublic school may excuse a limited English proficient student from taking any assessment administered under this section.
(b)
No governing authority shall require a limited English proficient
student who has been enrolled in United States schools for less than
two years and for whom no appropriate accommodations are available
based on guidance issued by the department to take the assessment
prescribed under division
(B)(1) of section
3301.0712 of the Revised Code.
(c) No governing authority shall prohibit a limited English proficient student from taking an assessment from which the student was excused under division (C)(4) of this section.
(D)(1) In the school year next succeeding the school year in which the assessments prescribed by division (A)(1) or (B)(1) of section 3301.0710 of the Revised Code or former division (A)(1), (A)(2), or (B) of section 3301.0710 of the Revised Code as it existed prior to September 11, 2001, are administered to any student, the board of education of any school district in which the student is enrolled in that year shall provide to the student intervention services commensurate with the student's performance, including any intensive intervention required under section 3313.608 of the Revised Code, in any skill in which the student failed to demonstrate at least a score at the proficient level on the assessment.
(2)
Following any administration of the assessments prescribed by
division
(D) of section
3301.0710
3301.0712
of
the Revised Code
to ninth grade students,
each school district that has a three-year average graduation rate of
not more than seventy-five
per cent shall determine for each high school in the district whether
the school shall be required to provide intervention services to any
students who took the assessments. In determining which high schools
shall provide intervention services based on the resources available,
the district shall consider each school's graduation rate and scores
on the
any
practice
assessments. The district also shall consider the scores received by
ninth grade students on the English language arts and mathematics
assessments prescribed under division (A)(1)(f) of section 3301.0710
of the Revised Code in the eighth grade in determining which high
schools shall provide intervention services.
Each
high school selected to provide intervention services under this
division shall provide intervention services to any student whose
results indicate that the student is failing to make satisfactory
progress toward being able to attain scores at the proficient level
on the
Ohio graduation tests
assessments prescribed under section 3301.0712 of the Revised Code.
Intervention services shall be provided in any skill in which a
student demonstrates unsatisfactory progress and shall be
commensurate with the student's performance. Schools shall provide
the intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding school
year, or at any combination of those times.
(E)
Except as provided in section 3313.608 of the Revised Code and
division (N) of this section, no school district board of education
shall utilize any student's failure to attain a specified score on an
assessment administered under this section as a factor in any
decision to deny the student promotion to a higher grade level.
However,
a district board may choose not to promote to the next grade level
any student who does not take an assessment
administered under this section or make up an assessment as provided
by division (C)(2) of this section and who is not exempt from the
requirement to take the assessment under division (C)(3) of this
section.
(F) No person shall be charged a fee for taking any assessment administered under this section.
(G)(1) Each school district board shall designate one location for the collection of assessments administered in the spring under division (B)(1) of this section and those administered under divisions (B)(2) to (7) of this section. Each district board shall submit the assessments to the entity with which the department contracts for the scoring of the assessments as follows:
(a) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was less than two thousand five hundred, not later than the Friday after all of the assessments have been administered;
(b) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was two thousand five hundred or more, but less than seven thousand, not later than the Monday after all of the assessments have been administered;
(c) If the district's total enrollment in grades kindergarten through twelve during the first full school week of October was seven thousand or more, not later than the Tuesday after all of the assessments have been administered.
However, any assessment that a student takes during the make-up period described in division (C)(2) of this section shall be submitted not later than the Friday following the day the student takes the assessment.
(2) The department or an entity with which the department contracts for the scoring of the assessment shall send to each school district board a list of the individual scores of all persons taking a state achievement assessment as follows:
(a) Except as provided in division (G)(2)(b) or (c) of this section, within forty-five days after the administration of the assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code, but in no case shall the scores be returned later than the thirtieth day of June following the administration;
(b) In the case of the third-grade English language arts assessment, within forty-five days after the administration of that assessment, but in no case shall the scores be returned later than the fifteenth day of June following the administration;
(c)
In the case of the writing component of an assessment or
end-of-course examination in
the area of English language arts, except for the third-grade English
language arts assessment, the results may be sent after forty-five
days of the administration of the writing component, but in no case
shall the scores be returned later than the thirtieth day of June
following the administration.
(3) For assessments administered under this section by a joint vocational school district, the department or entity shall also send to each city, local, or exempted village school district a list of the individual scores of any students of such city, local, or exempted village school district who are attending school in the joint vocational school district.
(H) Individual scores on any assessments administered under this section shall be released by a district board only in accordance with section 3319.321 of the Revised Code and the rules adopted under division (A) of this section. No district board or its employees shall utilize individual or aggregate results in any manner that conflicts with rules for the ethical use of assessments adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section, the department or an entity with which the department contracts for the scoring of the assessment shall not release any individual scores on any assessment administered under this section. The state board shall adopt rules to ensure the protection of student confidentiality at all times. The rules may require the use of the data verification codes assigned to students pursuant to division (D)(2) of section 3301.0714 of the Revised Code to protect the confidentiality of student scores.
(J) Notwithstanding division (D) of section 3311.52 of the Revised Code, this section does not apply to the board of education of any cooperative education school district except as provided under rules adopted pursuant to this division.
(1) In accordance with rules that the state board shall adopt, the board of education of any city, exempted village, or local school district with territory in a cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code may enter into an agreement with the board of education of the cooperative education school district for administering any assessment prescribed under this section to students of the city, exempted village, or local school district who are attending school in the cooperative education school district.
(2) In accordance with rules that the state board shall adopt, the board of education of any city, exempted village, or local school district with territory in a cooperative education school district established pursuant to section 3311.521 of the Revised Code shall enter into an agreement with the cooperative district that provides for the administration of any assessment prescribed under this section to both of the following:
(a) Students who are attending school in the cooperative district and who, if the cooperative district were not established, would be entitled to attend school in the city, local, or exempted village school district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this section.
Any assessment of students pursuant to such an agreement shall be in lieu of any assessment of such students or persons pursuant to this section.
(K)(1) Except as otherwise provided in division (K)(1) or (2) of this section, each chartered nonpublic school for which at least sixty-five per cent of its total enrollment is made up of students who are participating in state scholarship programs shall administer the elementary assessments prescribed by section 3301.0710 of the Revised Code. In accordance with procedures and deadlines prescribed by the department, the parent or guardian of a student enrolled in the school who is not participating in a state scholarship program may submit notice to the chief administrative officer of the school that the parent or guardian does not wish to have the student take the elementary assessments prescribed for the student's grade level under division (A) of section 3301.0710 of the Revised Code. If a parent or guardian submits an opt-out notice, the school shall not administer the assessments to that student. This option does not apply to any assessment required for a high school diploma under section 3313.612 of the Revised Code.
(2) A chartered nonpublic school may submit to the superintendent of public instruction a request for a waiver from administering the elementary assessments prescribed by division (A) of section 3301.0710 of the Revised Code. The state superintendent shall approve or disapprove a request for a waiver submitted under division (K)(2) of this section. No waiver shall be approved for any school year prior to the 2015-2016 school year.
To be eligible to submit a request for a waiver, a chartered nonpublic school shall meet the following conditions:
(a) At least ninety-five per cent of the students enrolled in the school are children with disabilities, as defined under section 3323.01 of the Revised Code, or have received a diagnosis by a school district or from a physician, including a neuropsychiatrist or psychiatrist, or a psychologist who is authorized to practice in this or another state as having a condition that impairs academic performance, such as dyslexia, dyscalculia, attention deficit hyperactivity disorder, or Asperger's syndrome.
(b) The school has solely served a student population described in division (K)(1)(a) of this section for at least ten years.
(c) The school provides to the department at least five years of records of internal testing conducted by the school that affords the department data required for accountability purposes, including diagnostic assessments and nationally standardized norm-referenced achievement assessments that measure reading and math skills.
(3) Any chartered nonpublic school that is not subject to division (K)(1) of this section may participate in the assessment program by administering any of the assessments prescribed by division (A) of section 3301.0710 of the Revised Code. The chief administrator of the school shall specify which assessments the school will administer. Such specification shall be made in writing to the superintendent of public instruction prior to the first day of August of any school year in which assessments are administered and shall include a pledge that the nonpublic school will administer the specified assessments in the same manner as public schools are required to do under this section and rules adopted by the department.
(4) The department of education shall furnish the assessments prescribed by section 3301.0710 of the Revised Code to each chartered nonpublic school that is subject to division (K)(1) of this section or participates under division (K)(3) of this section.
(L) If a chartered nonpublic school is educating students in grades nine through twelve, the following shall apply:
(1)
For a student who is enrolled in a chartered nonpublic school that is
accredited through the independent schools association of the central
states and who is attending the school under a state scholarship
program, the student shall either take all of the assessments
prescribed by division
(B) of section
3301.0712 of the Revised Code or take an alternative assessment
approved by the department under section 3313.619 of the Revised
Code. However,
a student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.
(2) For a student who is enrolled in a chartered nonpublic school that is accredited through the independent schools association of the central states, and who is not attending the school under a state scholarship program, the student shall not be required to take any assessment prescribed under section 3301.0712 or 3313.619 of the Revised Code.
(3)(a)
Except as provided in division (L)(3)(b) of this section, for
For
a
student who is enrolled in a chartered nonpublic school that is not
accredited through the independent schools association of the central
states, regardless of whether the student is attending or is not
attending the school under a state scholarship program, the student
shall do one
either
of
the following:
(i)
Take all of the assessments prescribed by division
(B) of section
3301.0712 of the Revised Code;
(ii)
Take
only the assessment prescribed by division (B)(1) of section
3301.0712 of the Revised Code, provided that the student's school
publishes the results of that assessment for each
graduating class. The published results of that assessment shall
include the overall composite scores, mean scores, twenty-fifth
percentile scores, and seventy-fifth percentile scores for each
subject area of the assessment.
(iii)
Take
an alternative assessment approved by the department under section
3313.619 of the Revised Code.
(b)
A student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.
(M)(1) The superintendent of the state school for the blind and the superintendent of the state school for the deaf shall administer the assessments described by sections 3301.0710 and 3301.0712 of the Revised Code. Each superintendent shall administer the assessments in the same manner as district boards are required to do under this section and rules adopted by the department of education and in conformity with division (C)(1)(a) of this section.
(2) The department of education shall furnish the assessments described by sections 3301.0710 and 3301.0712 of the Revised Code to each superintendent.
(N) Notwithstanding division (E) of this section, a school district may use a student's failure to attain a score in at least the proficient range on the mathematics assessment described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on an assessment described by division (A)(1)(b), (c), (d), (e), or (f) of section 3301.0710 of the Revised Code as a factor in retaining that student in the current grade level.
(O)(1)
In the manner specified in divisions (O)(3), (4), and (6) of this
section, the
The
assessments
required by division (A)(1) of section 3301.0710 of the Revised Code
shall become public records pursuant to section 149.43 of the Revised
Code on the thirty-first day of July following the school year that
the assessments were administered.
(2)
The department may field test proposed questions with samples of
students to determine the validity, reliability, or appropriateness
of questions for possible inclusion in a future year's assessment.
The department also may use anchor questions on assessments to ensure
that different versions of the same assessment are of comparable
difficulty.
Field
test questions and anchor questions shall not be considered in
computing scores for individual students. Field test questions and
anchor questions may be included as part of the administration of any
assessment required by division (A)(1) or (B) of section 3301.0710
and division (B) of section 3301.0712 of the Revised Code.
(3)
Any field test question or anchor question administered under
division (O)(2) of this section shall not be a public record. Such
field test questions and anchor questions shall be redacted from any
assessments which are released as a public record pursuant to
division (O)(1) of this section.
(4)
This division applies to the assessments prescribed by division (A)
of section 3301.0710 of the Revised Code.
(a)
The first administration of each assessment, as specified in former
section 3301.0712 of the Revised Code, shall be a public record.
(b)
For subsequent administrations of each assessment prior to the
2011-2012 school year, not less than forty per cent of the questions
on the assessment that are used to compute a student's score shall be
a public record. The department shall determine which questions will
be needed for reuse on a future assessment and those questions shall
not be public records and shall be redacted from the assessment prior
to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted
village school district of the statewide academic standard adopted by
the state board under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The preceding
sentence does not apply to field test questions that are redacted
under division (O)(3) of this section.
(c)
The administrations of each assessment in the 2011-2012, 2012-2013,
and 2013-2014 school years shall not be a public record.
(5)
Each assessment prescribed by division (B)(1) of section 3301.0710 of
the Revised Code shall not be a public record.
(6)
Beginning with the spring administration for the 2014-2015 school
year, questions on the assessments prescribed under division (A) of
section 3301.0710 and division (B)(2) of section 3301.0712 of the
Revised Code and the corresponding preferred answers
that are used to compute a student's score shall become a public
record as follows:
(a)
Forty per cent of the questions and preferred answers on the
assessments on the thirty-first day of July following the
administration of the assessment;
(b)
Twenty per cent of the questions and preferred answers on the
assessment on the thirty-first day of July one year after the
administration of the assessment;
(c)
The remaining forty per cent of the questions and preferred answers
on the assessment on the thirty-first day of July two years after the
administration of the assessment.
The
entire content of an assessment shall become a public record within
three years of its administration.
The
department shall make the questions that become a public record under
this division readily accessible to the public on the department's
web site. Questions on the spring administration of each assessment
shall be released on an annual basis, in accordance with this
division.
(P) As used in this section:
(1) "Three-year average" means the average of the most recent consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school before completing course requirements for graduation and who is not enrolled in an education program approved by the state board of education or an education program outside the state. "Dropout" does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to the calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. If a student who was a dropout in any previous year returns to the same school district, that student shall be entered into the calculation as if the student had entered ninth grade four years before the graduation year of the graduating class that the student joins.
(4) "State scholarship programs" means the educational choice scholarship pilot program established under sections 3310.01 to 3310.17 of the Revised Code, the autism scholarship program established under section 3310.41 of the Revised Code, the Jon Peterson special needs scholarship program established under sections 3310.51 to 3310.64 of the Revised Code, and the pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code.
(5) "Norm-referenced" has the same meaning as in section 3301.079 of the Revised Code.
Sec.
3301.0712.
(A) The
state board of education, the superintendent of public instruction,
and the chancellor of higher education shall develop a system of
college and work ready assessments as described in division (B) of
this section to assess whether each student upon graduating from high
school is ready to enter college or the workforce. Beginning
with students who enter the ninth grade for the first time on or
after July 1, 2014, the assessment
system
prescribed
under this section shall
replace the Ohio graduation tests prescribed in division (B)(1) of
section 3301.0710 of the Revised Code as a measure of student
academic performance and one determinant of eligibility
for a high school diploma in the manner prescribed by rule of the
state board adopted under division (D)
(C)
of
this section.
(B)
The college
and work ready assessment
system shall consist of the
following:
(1)
Nationally a
series of nationally norm-referenced,
standardized
assessments
that measure college and career readiness and are used for college
admission. The assessments shall be selected jointly by the state
superintendent and the chancellor, and one of which shall be selected
by each school district or school to administer to its students. The
assessments prescribed under division (B)(1) of this section shall be
administered to all eleventh-grade students in the spring of the
school year
in the areas of English language arts, mathematics, science, American
history, and American government.
(2)
Seven end-of-course examinations, one in each of the areas of English
language arts I, English language arts II, science, Algebra I,
geometry, American history, and American government. The
end-of-course examinations shall be selected jointly by the state
superintendent and the chancellor in consultation with faculty in the
appropriate subject areas at institutions of higher education of the
university system of Ohio. Advanced placement examinations and
international baccalaureate examinations, as prescribed under section
3313.6013 of the Revised Code, in the areas of science, American
history, and American government may be used as end-of-course
examinations in accordance with division (B)(4)(a)(i) of this
section. Final course grades for courses taken under any other
advanced standing program, as prescribed under section 3313.6013 of
the Revised Code, in the areas of science, American history, and
American government may be used in lieu of end-of-course examinations
in accordance with division (B)(4)(a)(ii) of this section.
(3)(a)
Not later than July 1, 2013, each school district board of education
shall adopt interim end-of-course examinations that comply with the
requirements of divisions (B)(3)(b)(i) and (ii) of this section to
assess mastery of American history and American government standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code. Each high school of the district shall use the
interim examinations until the state superintendent and chancellor
select end-of-course examinations in American history and American
government under division (B)(2) of this section.
(b)
Not later than July 1, 2014, the state superintendent and the
chancellor shall select the end-of-course examinations in American
history and American government.
(i)
The end-of-course examinations in American history and American
government shall require demonstration of mastery of the American
history and American government content for social studies standards
adopted under division (A)(1)(b) of section 3301.079 of the Revised
Code and the topics required under division (M) of section 3313.603
of the Revised Code.
(ii)
At least twenty per cent of the end-of-course examination in American
government shall address the topics on American history and American
government described in division (M) of section 3313.603 of the
Revised Code.
(4)(a)
Notwithstanding anything to the contrary in this section, beginning
with the 2014-2015 school year, both of the following
shall apply:
(i)
If a student is enrolled in an appropriate advanced placement or
international baccalaureate course, that student shall take the
advanced placement or international baccalaureate examination in lieu
of the science, American history, or American government
end-of-course examinations prescribed under division (B)(2) of this
section. The state board shall specify the score levels for each
advanced placement examination and international baccalaureate
examination for purposes of calculating the minimum cumulative
performance score that demonstrates the level of academic achievement
necessary to earn a high school diploma.
(ii)
If a student is enrolled in an appropriate course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, that student shall not be required to take the science,
American history, or American government end-of-course examination,
whichever is applicable, prescribed under division (B)(2) of this
section. Instead, that student's final course grade shall be used in
lieu of the applicable end-of-course examination prescribed under
that section. The state superintendent, in consultation with the
chancellor, shall adopt guidelines for purposes of calculating the
corresponding final course grades that demonstrate the level of
academic achievement necessary to earn a high school diploma.
Division
(B)(4)(a)(ii) of this section shall apply only to courses for which
students receive transcripted credit, as defined in division (U) of
section 3365.01 of the Revised Code. It shall not apply to remedial
or developmental courses.
(b)
No student shall take a substitute examination or examination
prescribed under division (B)(4)(a) of this section in
place of the end-of-course examinations in English language arts I,
English language arts II, Algebra I, or geometry prescribed under
division (B)(2) of this section.
(c)
The state board shall consider additional assessments that may be
used, beginning with the 2016-2017 school year, as substitute
examinations in lieu of the end-of-course examinations prescribed
under division (B)(2) of this section.
(5)
The state board shall do all of the following:
(a)
Determine and designate at least five ranges of scores on each of the
end-of-course examinations prescribed under division (B)(2) of this
section, and substitute examinations prescribed under division (B)(4)
of this section. Each range of scores shall be considered to
demonstrate a level of achievement so that any student attaining a
score within such range has achieved one of the following:
(i)
An advanced level of skill;
(ii)
An accelerated level of skill;
(iii)
A proficient level of skill;
(iv)
A basic level of skill;
(v)
A limited level of skill.
(b)
Determine a method by which to calculate a cumulative performance
score based on the results of a student's end-of-course examinations
or substitute examinations;
(c)
Determine the minimum cumulative performance score that demonstrates
the level of academic achievement necessary to earn a high school
diploma;
(d)
Develop a table of corresponding score equivalents for the
end-of-course examinations and substitute examinations in order to
calculate student performance consistently across the different
examinations.
A
score of two on an advanced placement examination or a score of two
or three on an international baccalaureate examination shall be
considered equivalent to a proficient level of skill as specified
under division (B)(5)(a)(iii) of this section.
(6)(a)
A student who meets both of the following conditions shall not be
required to take an end-of-course examination:
(i)
The student received high school credit prior to July 1, 2015, for a
course for which the end-of-course examination is prescribed.
(ii)
The examination was not available for administration prior to July 1,
2015.
Receipt
of credit for the course described in division (B)(6)(a)(i) of this
section shall satisfy the requirement to take the end-of-course
examination. A student exempted under division (B)(6)(a) of this
section may take the applicable end-of-course examination at a later
date.
(b)
For purposes of determining whether a student who is exempt from
taking an end-of-course examination under division (B)(6)(a) of this
section has attained the cumulative score prescribed by division
(B)(5)(c) of this section, such student shall select either of the
following:
(i)
The student is considered to have attained a proficient score on the
end-of-course examination from which the student is exempt;
(ii)
The student's final course grade shall be used in lieu of a score on
the end-of-course examination from which the student is exempt.
The
state superintendent, in consultation with the chancellor, shall
adopt guidelines for purposes of calculating the corresponding final
course grades and the minimum cumulative performance score that
demonstrates the level of academic achievement necessary to earn a
high school diploma.
(7)(a)
Notwithstanding anything to the contrary in this section, the state
board may replace the algebra I end-of-course examination prescribed
under division (B)(2) of this section with an algebra II
end-of-course examination, beginning with the 2016-2017 school year
for students who enter ninth grade on or after July 1, 2016.
(b)
If the state board replaces the algebra I end-of-course examination
with an algebra II end-of-course examination as authorized under
division (B)(7)(a) of this section, both of the following shall
apply:
(i)
A student who is enrolled in an advanced placement or international
baccalaureate course in algebra II shall take the advanced placement
or international baccalaureate examination in lieu of the algebra II
end-of-course examination.
(ii)
A student who is enrolled in an algebra II course under any other
advanced standing program, as described in section 3313.6013 of the
Revised Code, shall not be required to take the algebra II
end-of-course examination. Instead, that student's final course grade
shall be used in lieu of the examination.
(c)
If a school district or school utilizes an integrated approach
to mathematics instruction, the district or school may do either or
both of the following:
(i)
Administer an integrated mathematics I end-of-course examination in
lieu of the prescribed algebra I end-of-course examination;
(ii)
Administer an integrated mathematics II end-of-course examination in
lieu of the prescribed geometry end-of-course examination.
(8)(a)
For students entering the ninth grade for the first time on or after
July 1, 2014, but prior to July 1, 2015, the assessment in the area
of science shall be physical science or biology. For students
entering the ninth grade for the first time on or after July 1, 2015,
the assessment in the area of science shall be biology.
(b)
Until July 1, 2019, the department of education shall make available
the end-of-course examination in physical science for students who
entered the ninth grade for the first time on or after July 1, 2014,
but prior to July 1, 2015, and who wish to retake the examination.
(c)
Not later than July 1, 2016, the state board shall adopt rules
prescribing the requirements for the end-of-course examination in
science for students who entered the ninth grade for the first time
on or after July 1, 2014, but prior to July 1, 2015, and who have not
met the requirement prescribed by section 3313.618 of the Revised
Code by July 1, 2019, due to a student's failure to satisfy division
(A)(2) of section 3313.618 of the Revised Code.
(9)
Neither the state board nor the department of education shall develop
or administer an end-of-course examination
in the area of world history.
(C)
The
state board shall convene a group of national experts, state experts,
and local practitioners to provide advice, guidance, and
recommendations for the alignment of standards and model curricula to
the assessments and in the design of the end-of-course examinations
prescribed by this section.
(D)
Upon
completion of the development of the assessment system, the state
board shall adopt rules prescribing all of the following:
(1) A timeline and plan for implementation of the assessment system, including a phased implementation if the state board determines such a phase-in is warranted;
(2) The date after which a person shall meet the requirements of the entire assessment system as a prerequisite for a diploma of adult education under section 3313.611 of the Revised Code;
(3)
Whether
and the extent to which a person may be excused from an American
history end-of-course examination and an American government
end-of-course examination under division (H) of section 3313.61 and
division (B)(3) of section 3313.612 of the Revised Code;
(4)
The
date after which a person who has fulfilled the curriculum
requirement for a diploma but has not passed one or more of the
required assessments at the time the person fulfilled the curriculum
requirement shall meet the requirements of the entire assessment
system as a prerequisite for a high school diploma under division (B)
of section 3313.614 of the Revised Code;
(5)
(4)
The
extent to which the assessment system applies to students enrolled in
a dropout recovery and prevention program for purposes of division
(F) of section 3313.603 and section 3314.36 of the Revised Code.
(E)
(D)
Not
later than forty-five days prior to the state board's adoption of a
resolution directing the department to file the rules prescribed by
division (D) of this section in final form under section 119.04 of
the Revised Code, the superintendent of public instruction shall
present the assessment system developed under this section to the
respective committees of the house of representatives and senate that
consider education legislation.
(F)(1)
(E)
Any
person enrolled in a nonchartered nonpublic school or any person who
has been excused from attendance at school for the purpose of home
instruction under section 3321.04 of the Revised Code may choose to
participate in the system of assessments administered under divisions
division
(B)(1)
and (2)
of this section. However, no
such person shall be required to participate in the system of
assessments.
(2)
The department shall adopt rules for the administration and scoring
of any assessments under division (F)(1) of this section.
(G)
(F)
Not
later than December 31, 2014, the state board shall select at least
one nationally recognized job skills assessment. Each school district
shall administer that assessment to those students who opt to take
it. The state shall reimburse a school district for the costs of
administering that assessment. The state board shall establish the
minimum score a student must attain on the job skills assessment in
order to demonstrate a student's workforce readiness and
employability. The
administration of the job skills assessment to a student under this
division shall not exempt a school district from administering the
assessments prescribed in division (B) of this section to that
student.
(G) As used in this section, "norm-referenced" has the same meaning as in section 3301.079 of the Revised Code.
Sec. 3301.0714. (A) The state board of education shall adopt rules for a statewide education management information system. The rules shall require the state board to establish guidelines for the establishment and maintenance of the system in accordance with this section and the rules adopted under this section. The guidelines shall include:
(1) Standards identifying and defining the types of data in the system in accordance with divisions (B) and (C) of this section;
(2) Procedures for annually collecting and reporting the data to the state board in accordance with division (D) of this section;
(3) Procedures for annually compiling the data in accordance with division (G) of this section;
(4) Procedures for annually reporting the data to the public in accordance with division (H) of this section;
(5) Standards to provide strict safeguards to protect the confidentiality of personally identifiable student data.
(B) The guidelines adopted under this section shall require the data maintained in the education management information system to include at least the following:
(1) Student participation and performance data, for each grade in each school district as a whole and for each grade in each school building in each school district, that includes:
(a) The numbers of students receiving each category of instructional service offered by the school district, such as regular education instruction, vocational education instruction, specialized instruction programs or enrichment instruction that is part of the educational curriculum, instruction for gifted students, instruction for students with disabilities, and remedial instruction. The guidelines shall require instructional services under this division to be divided into discrete categories if an instructional service is limited to a specific subject, a specific type of student, or both, such as regular instructional services in mathematics, remedial reading instructional services, instructional services specifically for students gifted in mathematics or some other subject area, or instructional services for students with a specific type of disability. The categories of instructional services required by the guidelines under this division shall be the same as the categories of instructional services used in determining cost units pursuant to division (C)(3) of this section.
(b) The numbers of students receiving support or extracurricular services for each of the support services or extracurricular programs offered by the school district, such as counseling services, health services, and extracurricular sports and fine arts programs. The categories of services required by the guidelines under this division shall be the same as the categories of services used in determining cost units pursuant to division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine through twelve;
(d) Academic achievement levels as assessed under sections 3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling condition pursuant to division (C)(1) of section 3301.0711 of the Revised Code;
(f) The numbers of students reported to the state board pursuant to division (C)(2) of section 3301.0711 of the Revised Code;
(g) Attendance rates and the average daily attendance for the year. For purposes of this division, a student shall be counted as present for any field trip that is approved by the school administration.
(h) Expulsion rates;
(i) Suspension rates;
(j) Dropout rates;
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average number of carnegie units, as calculated in accordance with state board of education rules;
(m) Graduation rates, to be calculated in a manner specified by the department of education and approved by the state board of education that reflects the rate at which students who were in the ninth grade three years prior to the current year complete school and that is consistent with nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to kindergarten students as required under section 3301.0715 of the Revised Code to permit a comparison of the academic readiness of kindergarten students. However, no district shall be required to report to the department the results of any diagnostic assessment administered to a kindergarten student, except for the language and reading assessment described in division (A)(2) of section 3301.0715 of the Revised Code, if the parent of that student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school district, including:
(a) The total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category of instructional service, instructional support service, and administrative support service used pursuant to division (C)(3) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time equivalent employees providing each category of service used pursuant to divisions (C)(4)(a) and (b) of this section, and the total numbers of licensed employees and nonlicensed employees and the numbers of full-time equivalent licensed employees and nonlicensed employees providing each category used pursuant to division (C)(4)(c) of this section. The guidelines adopted under this section shall require these categories of data to be maintained for the school district as a whole and, wherever applicable, for each grade in the school district as a whole, for each school building as a whole, and for each grade in each school building.
(c) The total number of regular classroom teachers teaching classes of regular education and the average number of pupils enrolled in each such class, in each of grades kindergarten through five in the district as a whole and in each school building in the school district.
(d) The number of lead teachers employed by each school district and each school building.
(3)(a)
Student
Aggregate
student
demographic
data for each school district, including information regarding the
gender ratio of the school district's pupils, the racial make-up of
the school district's pupils, the number of limited English
proficient students in the district, and an appropriate measure of
the number of the school district's pupils who reside in economically
disadvantaged households. The aggregate
demographic
data shall be collected in a manner to allow correlation with data
collected under division (B)(1) of this section. Categories for data
collected pursuant to division (B)(3) of this section shall conform,
where appropriate, to standard practices of agencies of the federal
government.
(b) With respect to each student entering kindergarten, whether the student previously participated in a public preschool program, a private preschool program, or a head start program, and the number of years the student participated in each of these programs.
(4) Any data required to be collected pursuant to federal law.
(C) The education management information system shall include cost accounting data for each district as a whole and for each school building in each school district. The guidelines adopted under this section shall require the cost data for each school district to be maintained in a system of mutually exclusive cost units and shall require all of the costs of each school district to be divided among the cost units. The guidelines shall require the system of mutually exclusive cost units to include at least the following:
(1) Administrative costs for the school district as a whole. The guidelines shall require the cost units under this division (C)(1) to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil in formula ADM in the school district, as determined pursuant to section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the school district. The guidelines shall require the cost units under this division (C)(2) to be designed so that each of them may be compiled and reported in terms of average expenditure per full-time equivalent pupil receiving instructional or support services in each building.
(3) Instructional services costs for each category of instructional service provided directly to students and required by guidelines adopted pursuant to division (B)(1)(a) of this section. The guidelines shall require the cost units under division (C)(3) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:
(a) The cost of each instructional services category required by guidelines adopted under division (B)(1)(a) of this section that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as services provided by a speech-language pathologist, classroom aide, multimedia aide, or librarian, provided directly to students in conjunction with each instructional services category;
(c) The cost of the administrative support services related to each instructional services category, such as the cost of personnel that develop the curriculum for the instructional services category and the cost of personnel supervising or coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each category of service directly provided to students and required by guidelines adopted pursuant to division (B)(1)(b) of this section. The guidelines shall require the cost units under division (C)(4) of this section to be designed so that each of them may be compiled and reported in terms of average expenditure per pupil receiving the service in the school district as a whole and average expenditure per pupil receiving the service in each building in the school district and in terms of a total cost for each category of service and, as a breakdown of the total cost, a cost for each of the following components:
(a) The cost of each support or extracurricular services category required by guidelines adopted under division (B)(1)(b) of this section that is provided directly to students by a licensed employee, such as services provided by a guidance counselor or any services provided by a licensed employee under a supplemental contract;
(b) The cost of each such services category provided directly to students by a nonlicensed employee, such as janitorial services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each services category in division (C)(4)(a) or (b) of this section, such as the cost of any licensed or nonlicensed employees that develop, supervise, coordinate, or otherwise are involved in administering or aiding the delivery of each services category.
(D)(1)
The guidelines adopted under this section shall require school
districts to collect information about individual students, staff
members, or both in connection with any data required by division (B)
or (C) of this section or other reporting requirements established in
the Revised Code. The guidelines may also require school districts to
report information about individual staff members in connection with
any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines shall not
authorize prohibit
school
districts to
request from
requesting
social
security numbers of individual students. The guidelines shall
prohibit the reporting under this section of a student's name,
address, and social security number to the state board of education
or the department of education. The guidelines shall also prohibit
the reporting under this section of any personally identifiable
information about any student,
except for the purpose of assigning the data verification code
required by division (D)(2) of this section, to any other person
unless such person is
employed by the school district or the information technology center
operated under section 3301.075 of the Revised Code and is authorized
by the district or technology center to must
have
access to such information
or is employed by an entity with which the department contracts for
the scoring or the development of state assessments
in order to fulfill contractual obligations related to state
assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the state
board of education or department of education from providing a
student's county of residence to the department of taxation to
facilitate the distribution of tax revenue.
(2)(a) The guidelines shall provide for each school district or community school to assign a data verification code that is unique on a statewide basis over time to each student whose initial Ohio enrollment is in that district or school and to report all required individual student data for that student utilizing such code. The guidelines shall also provide for assigning data verification codes to all students enrolled in districts or community schools on the effective date of the guidelines established under this section. The assignment of data verification codes for other entities, as described in division (D)(2)(c) of this section, the use of those codes, and the reporting and use of associated individual student data shall be coordinated by the department in accordance with state and federal law.
School districts shall report individual student data to the department through the information technology centers utilizing the code. The entities described in division (D)(2)(c) of this section shall report individual student data to the department in the manner prescribed by the department.
Except as provided in sections 3301.941, 3310.11, 3310.42, 3310.63, 3313.978, and 3317.20 of the Revised Code, at no time shall the state board or the department have access to information that would enable any data verification code to be matched to personally identifiable student data.
(b) Each school district and community school shall ensure that the data verification code is included in the student's records reported to any subsequent school district, community school, or state institution of higher education, as defined in section 3345.011 of the Revised Code, in which the student enrolls. Any such subsequent district or school shall utilize the same identifier in its reporting of data under this section.
(c) The director of any state agency that administers a publicly funded program providing services to children who are younger than compulsory school age, as defined in section 3321.01 of the Revised Code, including the directors of health, job and family services, mental health and addiction services, and developmental disabilities, shall request and receive, pursuant to sections 3301.0723 and 5123.0423 of the Revised Code, a data verification code for a child who is receiving those services.
(E) The guidelines adopted under this section may require school districts to collect and report data, information, or reports other than that described in divisions (A), (B), and (C) of this section for the purpose of complying with other reporting requirements established in the Revised Code. The other data, information, or reports may be maintained in the education management information system but are not required to be compiled as part of the profile formats required under division (G) of this section or the annual statewide report required under division (H) of this section.
(F) Beginning with the school year that begins July 1, 1991, the board of education of each school district shall annually collect and report to the state board, in accordance with the guidelines established by the board, the data required pursuant to this section. A school district may collect and report these data notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures it adopts, annually compile the data reported by each school district pursuant to division (D) of this section. The state board shall design formats for profiling each school district as a whole and each school building within each district and shall compile the data in accordance with these formats. These profile formats shall:
(1) Include all of the data gathered under this section in a manner that facilitates comparison among school districts and among school buildings within each school district;
(2) Present the data on academic achievement levels as assessed by the testing of student achievement maintained pursuant to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the procedures it adopts, annually prepare a statewide report for all school districts and the general public that includes the profile of each of the school districts developed pursuant to division (G) of this section. Copies of the report shall be sent to each school district.
(2) The state board shall, in accordance with the procedures it adopts, annually prepare an individual report for each school district and the general public that includes the profiles of each of the school buildings in that school district developed pursuant to division (G) of this section. Copies of the report shall be sent to the superintendent of the district and to each member of the district board of education.
(3) Copies of the reports received from the state board under divisions (H)(1) and (2) of this section shall be made available to the general public at each school district's offices and on each district's publicly accessible web site. Each district board of education shall make copies of each report available to any person upon request and payment of a reasonable fee for the cost of reproducing the report. The board shall annually publish in a newspaper of general circulation in the school district, at least twice during the two weeks prior to the week in which the reports will first be available, a notice containing the address where the reports are available and the date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this section and that identifies an individual pupil is not a public record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted village, or joint vocational school district and, in accordance with section 3314.17 of the Revised Code, any community school. As used in division (L) of this section, "school district" also includes any educational service center or other educational entity required to submit data using the system established under this section.
(2) "Cost" means any expenditure for operating expenses made by a school district excluding any expenditures for debt retirement except for payments made to any commercial lending institution for any loan approved pursuant to section 3313.483 of the Revised Code.
(K) Any person who removes data from the information system established under this section for the purpose of releasing it to any person not entitled under law to have access to such information is subject to section 2913.42 of the Revised Code prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and the rules adopted under division (L)(10) of this section, the department of education may sanction any school district that reports incomplete or inaccurate data, reports data that does not conform to data requirements and descriptions published by the department, fails to report data in a timely manner, or otherwise does not make a good faith effort to report data as required by this section.
(2) If the department decides to sanction a school district under this division, the department shall take the following sequential actions:
(a) Notify the district in writing that the department has determined that data has not been reported as required under this section and require the district to review its data submission and submit corrected data by a deadline established by the department. The department also may require the district to develop a corrective action plan, which shall include provisions for the district to provide mandatory staff training on data reporting procedures.
(b) Withhold up to ten per cent of the total amount of state funds due to the district for the current fiscal year and, if not previously required under division (L)(2)(a) of this section, require the district to develop a corrective action plan in accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of the total amount of state funds due to the district for the current fiscal year;
(d) Direct department staff or an outside entity to investigate the district's data reporting practices and make recommendations for subsequent actions. The recommendations may include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent of the total amount of state funds due to the district for the current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data management system;
(vi) Conduct an investigation to determine whether to suspend or revoke the license of any district employee in accordance with division (N) of this section;
(vii) If the district is issued a report card under section 3302.03 of the Revised Code, indicate on the report card that the district has been sanctioned for failing to report data as required by this section;
(viii) If the district is issued a report card under section 3302.03 of the Revised Code and incomplete or inaccurate data submitted by the district likely caused the district to receive a higher performance rating than it deserved under that section, issue a revised report card for the district;
(ix) Any other action designed to correct the district's data reporting problems.
(3) Any time the department takes an action against a school district under division (L)(2) of this section, the department shall make a report of the circumstances that prompted the action. The department shall send a copy of the report to the district superintendent or chief administrator and maintain a copy of the report in its files.
(4) If any action taken under division (L)(2) of this section resolves a school district's data reporting problems to the department's satisfaction, the department shall not take any further actions described by that division. If the department withheld funds from the district under that division, the department may release those funds to the district, except that if the department withheld funding under division (L)(2)(c) of this section, the department shall not release the funds withheld under division (L)(2)(b) of this section and, if the department withheld funding under division (L)(2)(d) of this section, the department shall not release the funds withheld under division (L)(2)(b) or (c) of this section.
(5) Notwithstanding anything in this section to the contrary, the department may use its own staff or an outside entity to conduct an audit of a school district's data reporting practices any time the department has reason to believe the district has not made a good faith effort to report data as required by this section. If any audit conducted by an outside entity under division (L)(2)(d)(i) or (5) of this section confirms that a district has not made a good faith effort to report data as required by this section, the district shall reimburse the department for the full cost of the audit. The department may withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school district under division (L)(2)(d)(viii) of this section, the department may hold a hearing to provide the district with an opportunity to demonstrate that it made a good faith effort to report data as required by this section. The hearing shall be conducted by a referee appointed by the department. Based on the information provided in the hearing, the referee shall recommend whether the department should issue a revised report card for the district. If the referee affirms the department's contention that the district did not make a good faith effort to report data as required by this section, the district shall bear the full cost of conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data reported under this section caused a school district to receive excess state funds in any fiscal year, the district shall reimburse the department an amount equal to the excess funds, in accordance with a payment schedule determined by the department. The department may withhold state funds due to the district for this purpose.
(8) Any school district that has funds withheld under division (L)(2) of this section may appeal the withholding in accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and a school district regarding the appropriateness of an action taken under division (L)(2) of this section, the burden of proof shall be on the district to demonstrate that it made a good faith effort to report data as required by this section.
(10) The state board of education shall adopt rules under Chapter 119. of the Revised Code to implement division (L) of this section.
(M) No information technology center or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
(N) The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a license as defined under division (A) of section 3319.31 of the Revised Code that has been issued to any school district employee found to have willfully reported erroneous, inaccurate, or incomplete data to the education management information system.
(O) No person shall release or maintain any information about any student in violation of this section. Whoever violates this division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected under division (B)(1)(n) of this section according to the race and socioeconomic status of the students assessed.
(Q) If the department cannot compile any of the information required by division (H) of section 3302.03 of the Revised Code based upon the data collected under this section, the department shall develop a plan and a reasonable timeline for the collection of any data necessary to comply with that division.
Sec. 3301.0718. (A) The state board of education shall not adopt or revise any academic content standards in the areas of English language arts, mathematics, science, or social studies, unless the proposed new or revised standards are first approved by both houses of the general assembly by concurrent resolution. The general assembly shall take actions necessary to consider and adopt or reject the concurrent resolution within thirty days after receiving any proposed standards. Before the house of representatives or senate votes on such concurrent resolution, its standing committee having jurisdiction over education legislation shall conduct at least one public hearing on the proposed standards.
(B)
The
state board of
education shall
not adopt or revise any
standards or curriculum in the area of health unless, by concurrent
resolution, the standards, curriculum, or revisions are
approved by both houses of the general assembly. Before the house
of representatives or senate votes on a concurrent resolution
approving health standards, curriculum, or revisions, its
standing committee having jurisdiction over education legislation
shall conduct at least one public hearing on the standards,
curriculum, or revisions.
Sec.
3301.0722.
As used in this section
and section 3301.0721
of the Revised Code,
"form" means any report, document,
paper, computer software program, or other instrument used
in the management information system created by section 3301.0714
of the Revised Code or used to gather required or requested
education data under division (I) of section 3301.07 of
the Revised Code or any other provision of state or federal statute
or rule.
Beginning July 1, 1992, the state board of education, the superintendent of public instruction, or the department of education shall not put into use any new form or any modified version of any previously existing form, unless the new or modified form has been submitted to the unit established pursuant to section 3301.133 of the Revised Code, the unit has reviewed the form, and the superintendent has considered the findings of the review and the unit's recommendations.
Sec.
3301.0728.
Notwithstanding anything in the Revised Code
to the contrary, a student may retake any end-of-course
examination
assessment
prescribed
under division (B)(2)
of
section
3301.0712 of the Revised Code during the student's academic
career at a time designated by the department of education.
If, for any reason, a student does not take an end-of-course
examination assessment
on
the scheduled administration date,
the department of education shall make available to the student
the examination
assessment
for
which the student was absent,
or a substantially similar examination
assessment
as
determined
by the department, so that the student may take the examination
assessment
or
a substantially similar examination
assessment
at
a later time in the student's academic career. The state
board of education shall adopt rules in accordance with Chapter
119. of the Revised Code to implement the provisions of this
section.
Sec. 3301.65. (A) The legislative office of education oversight is hereby established. The office shall be subject to the oversight and direction of the legislative service commission. The legislative service commission shall appoint and fix the compensation of a director of the legislative office of education oversight and such other employees and services as are necessary to carry out the powers and duties of the office. All officers and employes of the office shall serve at the pleasure of the legislative service commission.
(B) The office shall do the following:
(1) Serve as a resource on education issues for the members of the general assembly;
(2) Propose for adoption by the general assembly under division (C) of this section revised academic content standards for each of grades kindergarten through twelve in English language arts, mathematics, science, and social studies.
The academic content standards shall be based on general content areas and shall not be based on specific course subject areas. The proposed standards shall be aligned with norm-referenced assessments that were developed prior to 2010.
(C) Notwithstanding section 3301.079 of the Revised Code, the academic content standards proposed by the legislative office of education oversight under division (B)(2) of this section shall not be effective unless or until they are approved by both houses of the general assembly by concurrent resolution. The general assembly shall take actions necessary to consider and adopt or reject such concurrent resolution not later than two hundred ten days after standards are proposed under division (A)(2) of this section. Before the house of representatives or senate votes on such concurrent resolution, the standing committee having jurisdiction over education legislation in each chamber shall conduct at least one public hearing on the proposed standards.
Sec. 3302.01. As used in this chapter:
(A) "Performance index score" means the average of the totals derived from calculations, for each subject area, of the weighted proportion of untested students and students scoring at each level of skill described in division (A)(2) of section 3301.0710 of the Revised Code on the state achievement assessments, as follows:
(1) For the assessments prescribed by division (A)(1) of section 3301.0710 of the Revised Code, the average for each of the subject areas of English language arts, mathematics, science, and social studies.
(2)
For the assessments prescribed by division (B)(1) of section
3301.0710 and division (B)(2)
of
section 3301.0712 of the
Revised Code, the average for each of the subject areas of English
language arts and mathematics.
The
department of education shall assign weights such that students who
do
not take an assessment receive a weight of zero and students who take
an assessment receive progressively larger weights dependent upon the
level of skill attained on the assessment. The department shall
assign additional weights to students who have been permitted to pass
over a subject in accordance with a student acceleration policy
adopted under section 3324.10 of the Revised Code. If such a student
attains the proficient score prescribed under division (A)(2)(c) of
section 3301.0710 of the Revised Code or higher on an assessment,
the department shall assign the student the weight prescribed for the
next higher scoring level. If such a student attains
the advanced score, prescribed under division (A)(2)(a) of section
3301.0710 of the Revised Code, on an assessment, the department shall
assign to the student an additional proportional weight, as approved
by the state board. For each school year that such a student's score
is included in the performance index score and the student attains
the proficient score on an assessment, that additional weight shall
be assigned to the student on a subject-by-subject basis.
Students shall be included in the "performance index score" in accordance with division (K)(2) of section 3302.03 of the Revised Code.
(B) "Subgroup" means a subset of the entire student population of the state, a school district, or a school building and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students;
(5) Students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code. For students who are gifted in specific academic ability fields, the department shall use data for those students with specific academic ability in math and reading. If any other academic field is assessed, the department shall also include data for students with specific academic ability in that field.
(6) Students in the lowest quintile for achievement statewide, as determined by a method prescribed by the state board of education.
(C) "No Child Left Behind Act of 2001" includes the statutes codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or both thereto, rules and regulations promulgated pursuant to those statutes, guidance documents, and any other policy directives regarding implementation of that act issued by the United States department of education.
(D) "Adequate yearly progress" means a measure of annual academic performance as calculated in accordance with the "No Child Left Behind Act of 2001."
(E) "Supplemental educational services" means additional academic assistance, such as tutoring, remediation, or other educational enrichment activities, that is conducted outside of the regular school day by a provider approved by the department in accordance with the "No Child Left Behind Act of 2001."
(F) "Value-added progress dimension" means a measure of academic gain for a student or group of students over a specific period of time that is calculated by applying a statistical methodology to individual student achievement data derived from the achievement assessments prescribed by section 3301.0710 of the Revised Code. The "value-added progress dimension" shall be developed and implemented in accordance with section 3302.021 of the Revised Code.
(G)(1) "Four-year adjusted cohort graduation rate" means the number of students who graduate in four years or less with a regular high school diploma divided by the number of students who form the adjusted cohort for the graduating class.
(2) "Five-year adjusted cohort graduation rate" means the number of students who graduate in five years with a regular high school diploma divided by the number of students who form the adjusted cohort for the four-year graduation rate.
(H) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(I) "Annual measurable objectives" means a measure of student progress determined in accordance with an agreement between the department of education and the United States department of education.
(J) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(K) "STEM school" means a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code.
(L) "Entitled to attend school in the district" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
Sec.
3302.02.
Not later than one year after the adoption of
rules under division (D)
(C)
of
section 3301.0712 of the Revised
Code and at least every sixth year thereafter, upon recommendations
of the superintendent of public instruction, the state
board of education shall establish a set of performance indicators
that considered as a unit will be used as one of the performance
categories for the report cards required by section 3302.03
of the Revised Code. In establishing these indicators, the
superintendent shall consider inclusion of student performance
on assessments prescribed under section 3301.0710 or 3301.0712
of the Revised Code, rates of student improvement on such
assessments, the breadth of coursework available within the district,
and other indicators of student success.
Beginning with the report card for the 2014-2015 school year, the performance indicators shall include an indicator that reflects the level of services provided to, and the performance of, students identified as gifted under Chapter 3324. of the Revised Code. The indicator shall include the performance of students identified as gifted on state assessments and value-added growth measure disaggregated for students identified as gifted.
For the 2013-2014 school year, except as otherwise provided in this section, for any indicator based on the percentage of students attaining a proficient score on the assessments prescribed by divisions (A) and (B)(1) of section 3301.0710 of the Revised Code, a school district or building shall be considered to have met the indicator if at least eighty per cent of the tested students attain a score of proficient or higher on the assessment. A school district or building shall be considered to have met the indicator for the assessments prescribed by division (B)(1) of section 3301.0710 of the Revised Code and only as administered to eleventh grade students, if at least eighty-five per cent of the tested students attain a score of proficient or higher on the assessment.
The state board shall adopt rules, under Chapter 119. of the Revised Code, to establish proficiency percentages to meet each indicator that is based on a state assessment, prescribed under section 3301.0710 or 3301.0712 of the Revised Code, for the 2014-2015 school year and thereafter by the following dates:
(A) Not later than December 31, 2015, for the 2014-2015 school year;
(B) Not later than July 1, 2016, for the 2015-2016 school year;
(C) Not later than July 1, 2017, for the 2016-2017 school year, and for each school year thereafter.
Sec. 3302.03. Annually, not later than the fifteenth day of September or the preceding Friday when that day falls on a Saturday or Sunday, the department of education shall assign a letter grade for overall academic performance and for each separate performance measure for each school district, and each school building in a district, in accordance with this section. The state board shall adopt rules pursuant to Chapter 119. of the Revised Code to establish performance criteria for each letter grade and prescribe a method by which the department assigns each letter grade. For a school building to which any of the performance measures do not apply, due to grade levels served by the building, the state board shall designate the performance measures that are applicable to the building and that must be calculated separately and used to calculate the building's overall grade. The department shall issue annual report cards reflecting the performance of each school district, each building within each district, and for the state as a whole using the performance measures and letter grade system described in this section. The department shall include on the report card for each district and each building within each district the most recent two-year trend data in student achievement for each subject and each grade.
(A)(1) For the 2012-2013 school year, the department shall issue grades as described in division (E) of this section for each of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or building. Grades shall be awarded as a percentage of the total possible points on the performance index system as adopted by the state board. In adopting benchmarks for assigning letter grades under division (A)(1)(b) of this section, the state board of education shall designate ninety per cent or higher for an "A," at least seventy per cent but not more than eighty per cent for a "C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets each of the applicable performance indicators established by the state board under section 3302.02 of the Revised Code and the percentage of applicable performance indicators that have been achieved. In adopting benchmarks for assigning letter grades under division (A)(1)(c) of this section, the state board shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates.
In adopting benchmarks for assigning letter grades under division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department shall designate a four-year adjusted cohort graduation rate of ninety-three per cent or higher for an "A" and a five-year cohort graduation rate of ninety-five per cent or higher for an "A."
(e) The overall score under the value-added progress dimension of a school district or building, for which the department shall use up to three years of value-added data as available. The letter grade assigned for this growth measure shall be as follows:
(i) A score that is at least two standard errors of measure above the mean score shall be designated as an "A."
(ii) A score that is at least one standard error of measure but less than two standard errors of measure above the mean score shall be designated as a "B."
(iii) A score that is less than one standard error of measure above the mean score but greater than or equal to one standard error of measure below the mean score shall be designated as a "C."
(iv) A score that is not greater than one standard error of measure below the mean score but is greater than or equal to two standard errors of measure below the mean score shall be designated as a "D."
(v) A score that is not greater than two standard errors of measure below the mean score shall be designated as an "F."
Whenever the value-added progress dimension is used as a graded performance measure, whether as an overall measure or as a measure of separate subgroups, the grades for the measure shall be calculated in the same manner as prescribed in division (A)(1)(e) of this section.
(f) The value-added progress dimension score for a school district or building disaggregated for each of the following subgroups: students identified as gifted, students with disabilities, and students whose performance places them in the lowest quintile for achievement on a statewide basis. Each subgroup shall be a separate graded measure.
(2) Not later than April 30, 2013, the state board of education shall adopt a resolution describing the performance measures, benchmarks, and grading system for the 2012-2013 school year and, not later than June 30, 2013, shall adopt rules in accordance with Chapter 119. of the Revised Code that prescribe the methods by which the performance measures under division (A)(1) of this section shall be assessed and assigned a letter grade, including performance benchmarks for each letter grade.
At least forty-five days prior to the state board's adoption of rules to prescribe the methods by which the performance measures under division (A)(1) of this section shall be assessed and assigned a letter grade, the department shall conduct a public presentation before the standing committees of the house of representatives and the senate that consider education legislation describing such methods, including performance benchmarks.
(3) There shall not be an overall letter grade for a school district or building for the 2012-2013 school year.
(B)(1) For the 2013-2014 and 2014-2015 school years, the department shall issue grades as described in division (E) of this section for each of the following performance measures:
(a) Annual measurable objectives;
(b) Performance index score for a school district or building. Grades shall be awarded as a percentage of the total possible points on the performance index system as created by the department. In adopting benchmarks for assigning letter grades under division (B)(1)(b) of this section, the state board shall designate ninety per cent or higher for an "A," at least seventy per cent but not more than eighty per cent for a "C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets each of the applicable performance indicators established by the state board under section 3302.03 of the Revised Code and the percentage of applicable performance indicators that have been achieved. In adopting benchmarks for assigning letter grades under division (B)(1)(c) of this section, the state board shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress dimension of a school district or building, for which the department shall use up to three years of value-added data as available.
(f) The value-added progress dimension score for a school district or building disaggregated for each of the following subgroups: students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code, students with disabilities, and students whose performance places them in the lowest quintile for achievement on a statewide basis. Each subgroup shall be a separate graded measure.
(g) Whether a school district or building is making progress in improving literacy in grades kindergarten through three, as determined using a method prescribed by the state board. The state board shall adopt rules to prescribe benchmarks and standards for assigning grades to districts and buildings for purposes of division (B)(1)(g) of this section. In adopting benchmarks for assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of this section, the state board shall determine progress made based on the reduction in the total percentage of students scoring below grade level, or below proficient, compared from year to year on the reading and writing diagnostic assessments administered under section 3301.0715 of the Revised Code and the third grade English language arts assessment under section 3301.0710 of the Revised Code, as applicable. The state board shall designate for a "C" grade a value that is not lower than the statewide average value for this measure. No grade shall be issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a district or building in which less than five per cent of students have scored below grade level on the diagnostic assessment administered to students in kindergarten under division (B)(1) of section 3313.608 of the Revised Code.
(h) For a high mobility school district or building, an additional value-added progress dimension score. For this measure, the department shall use value-added data from the most recent school year available and shall use assessment scores for only those students to whom the district or building has administered the assessments prescribed by section 3301.0710 of the Revised Code for each of the two most recent consecutive school years.
As used in this division, "high mobility school district or building" means a school district or building where at least twenty-five per cent of its total enrollment is made up of students who have attended that school district or building for less than one year.
(2) In addition to the graded measures in division (B)(1) of this section, the department shall include on a school district's or building's report card all of the following without an assigned letter grade:
(a) The percentage of students enrolled in a district or building participating in advanced placement classes and the percentage of those students who received a score of three or better on advanced placement examinations;
(b) The number of a district's or building's students who have earned at least three college credits through dual enrollment or advanced standing programs, such as the post-secondary enrollment options program under Chapter 3365. of the Revised Code and state-approved career-technical courses offered through dual enrollment or statewide articulation, that appear on a student's transcript or other official document, either of which is issued by the institution of higher education from which the student earned the college credit. The credits earned that are reported under divisions (B)(2)(b) and (C)(2)(c) of this section shall not include any that are remedial or developmental and shall include those that count toward the curriculum requirements established for completion of a degree.
(c) The percentage of students enrolled in a district or building who have taken a national standardized test used for college admission determinations and the percentage of those students who are determined to be remediation-free in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code;
(d) The percentage of the district's or the building's students who receive industry-recognized credentials. The state board shall adopt criteria for acceptable industry-recognized credentials.
(e) The percentage of students enrolled in a district or building who are participating in an international baccalaureate program and the percentage of those students who receive a score of four or better on the international baccalaureate examinations.
(f) The percentage of the district's or building's students who receive an honors diploma under division (B) of section 3313.61 of the Revised Code.
(3) Not later than December 31, 2013, the state board shall adopt rules in accordance with Chapter 119. of the Revised Code that prescribe the methods by which the performance measures under divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed and assigned a letter grade, including performance benchmarks for each grade.
At least forty-five days prior to the state board's adoption of rules to prescribe the methods by which the performance measures under division (B)(1) of this section shall be assessed and assigned a letter grade, the department shall conduct a public presentation before the standing committees of the house of representatives and the senate that consider education legislation describing such methods, including performance benchmarks.
(4)
There shall not be an overall letter grade for a school district or
building for the 2013-2014, 2014-2015, 2015-2016, and
2016-2017,
2017-2018, and 2018-2019
school years.
(C)(1) For the 2014-2015 school year and each school year thereafter, the department shall issue grades as described in division (E) of this section for each of the performance measures prescribed in division (C)(1) of this section. The graded measures are as follows:
(a) Annual measurable objectives;
(b) Performance index score for a school district or building. Grades shall be awarded as a percentage of the total possible points on the performance index system as created by the department. In adopting benchmarks for assigning letter grades under division (C)(1)(b) of this section, the state board shall designate ninety per cent or higher for an "A," at least seventy per cent but not more than eighty per cent for a "C," and less than fifty per cent for an "F."
(c) The extent to which the school district or building meets each of the applicable performance indicators established by the state board under section 3302.03 of the Revised Code and the percentage of applicable performance indicators that have been achieved. In adopting benchmarks for assigning letter grades under division (C)(1)(c) of this section, the state board shall designate ninety per cent or higher for an "A."
(d) The four- and five-year adjusted cohort graduation rates;
(e) The overall score under the value-added progress dimension, or another measure of student academic progress if adopted by the state board, of a school district or building, for which the department shall use up to three years of value-added data as available.
In adopting benchmarks for assigning letter grades for overall score on value-added progress dimension under division (C)(1)(e) of this section, the state board shall prohibit the assigning of a grade of "A" for that measure unless the district's or building's grade assigned for value-added progress dimension for all subgroups under division (C)(1)(f) of this section is a "B" or higher.
For the metric prescribed by division (C)(1)(e) of this section, the state board may adopt a student academic progress measure to be used instead of the value-added progress dimension. If the state board adopts such a measure, it also shall prescribe a method for assigning letter grades for the new measure that is comparable to the method prescribed in division (A)(1)(e) of this section.
(f) The value-added progress dimension score of a school district or building disaggregated for each of the following subgroups: students identified as gifted in superior cognitive ability and specific academic ability fields under Chapter 3324. of the Revised Code, students with disabilities, and students whose performance places them in the lowest quintile for achievement on a statewide basis, as determined by a method prescribed by the state board. Each subgroup shall be a separate graded measure.
The state board may adopt student academic progress measures to be used instead of the value-added progress dimension. If the state board adopts such measures, it also shall prescribe a method for assigning letter grades for the new measures that is comparable to the method prescribed in division (A)(1)(e) of this section.
(g) Whether a school district or building is making progress in improving literacy in grades kindergarten through three, as determined using a method prescribed by the state board. The state board shall adopt rules to prescribe benchmarks and standards for assigning grades to a district or building for purposes of division (C)(1)(g) of this section. The state board shall designate for a "C" grade a value that is not lower than the statewide average value for this measure. No grade shall be issued under division (C)(1)(g) of this section for a district or building in which less than five per cent of students have scored below grade level on the kindergarten diagnostic assessment under division (B)(1) of section 3313.608 of the Revised Code.
(h) For a high mobility school district or building, an additional value-added progress dimension score. For this measure, the department shall use value-added data from the most recent school year available and shall use assessment scores for only those students to whom the district or building has administered the assessments prescribed by section 3301.0710 of the Revised Code for each of the two most recent consecutive school years.
As used in this division, "high mobility school district or building" means a school district or building where at least twenty-five per cent of its total enrollment is made up of students who have attended that school district or building for less than one year.
(2) In addition to the graded measures in division (C)(1) of this section, the department shall include on a school district's or building's report card all of the following without an assigned letter grade:
(a) The percentage of students enrolled in a district or building who have taken a national standardized test used for college admission determinations and the percentage of those students who are determined to be remediation-free in accordance with the standards adopted under division (F) of section 3345.061 of the Revised Code;
(b) The percentage of students enrolled in a district or building participating in advanced placement classes and the percentage of those students who received a score of three or better on advanced placement examinations;
(c) The percentage of a district's or building's students who have earned at least three college credits through advanced standing programs, such as the college credit plus program under Chapter 3365. of the Revised Code and state-approved career-technical courses offered through dual enrollment or statewide articulation, that appear on a student's college transcript issued by the institution of higher education from which the student earned the college credit. The credits earned that are reported under divisions (B)(2)(b) and (C)(2)(c) of this section shall not include any that are remedial or developmental and shall include those that count toward the curriculum requirements established for completion of a degree.
(d) The percentage of the district's or building's students who receive an honor's diploma under division (B) of section 3313.61 of the Revised Code;
(e) The percentage of the district's or building's students who receive industry-recognized credentials;
(f) The percentage of students enrolled in a district or building who are participating in an international baccalaureate program and the percentage of those students who receive a score of four or better on the international baccalaureate examinations;
(g)
The results of the college
and career-ready assessments
administered
prescribed
under
division (B)(1)
of
section
3301.0712 of the Revised Code.
(3) The state board shall adopt rules pursuant to Chapter 119. of the Revised Code that establish a method to assign an overall grade for a school district or school building for the 2017-2018 school year and each school year thereafter. The rules shall group the performance measures in divisions (C)(1) and (2) of this section into the following components:
(a) Gap closing, which shall include the performance measure in division (C)(1)(a) of this section;
(b) Achievement, which shall include the performance measures in divisions (C)(1)(b) and (c) of this section;
(c) Progress, which shall include the performance measures in divisions (C)(1)(e) and (f) of this section;
(d) Graduation, which shall include the performance measure in division (C)(1)(d) of this section;
(e) Kindergarten through third-grade literacy, which shall include the performance measure in division (C)(1)(g) of this section;
(f) Prepared for success, which shall include the performance measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The state board shall develop a method to determine a grade for the component in division (C)(3)(f) of this section using the performance measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. When available, the state board may incorporate the performance measure under division (C)(2)(g) of this section into the component under division (C)(3)(f) of this section. When determining the overall grade for the prepared for success component prescribed by division (C)(3)(f) of this section, no individual student shall be counted in more than one performance measure. However, if a student qualifies for more than one performance measure in the component, the state board may, in its method to determine a grade for the component, specify an additional weight for such a student that is not greater than or equal to 1.0. In determining the overall score under division (C)(3)(f) of this section, the state board shall ensure that the pool of students included in the performance measures aggregated under that division are all of the students included in the four- and five-year adjusted graduation cohort.
In the rules adopted under division (C)(3) of this section, the state board shall adopt a method for determining a grade for each component in divisions (C)(3)(a) to (f) of this section. The state board also shall establish a method to assign an overall grade of "A," "B," "C," "D," or "F" using the grades assigned for each component. The method the state board adopts for assigning an overall grade shall give equal weight to the components in divisions (C)(3)(b) and (c) of this section.
At least forty-five days prior to the state board's adoption of rules to prescribe the methods for calculating the overall grade for the report card, as required by this division, the department shall conduct a public presentation before the standing committees of the house of representatives and the senate that consider education legislation describing the format for the report card, weights that will be assigned to the components of the overall grade, and the method for calculating the overall grade.
(D)
On or after than
July
1, 2015, the state board may develop
a measure of student academic progress for high school students
using only data from assessments in English language arts
and mathematics. If the state board develops this measure, each
school district and applicable school building shall be assigned
a separate letter grade for if
it
not
sooner than the 2017-2018
school year. The district's or building's grade for that
measure shall not be included in determining the district's or
building's overall letter grade.
(E) The letter grades assigned to a school district or building under this section shall be as follows:
(1) "A" for a district or school making excellent progress;
(2) "B" for a district or school making above average progress;
(3) "C" for a district or school making average progress;
(4) "D" for a district or school making below average progress;
(5) "F" for a district or school failing to meet minimum progress.
(F) When reporting data on student achievement and progress, the department shall disaggregate that data according to the following categories:
(1) Performance of students by grade-level;
(2) Performance of students by race and ethnic group;
(3) Performance of students by gender;
(4) Performance of students grouped by those who have been enrolled in a district or school for three or more years;
(5) Performance of students grouped by those who have been enrolled in a district or school for more than one year and less than three years;
(6) Performance of students grouped by those who have been enrolled in a district or school for one year or less;
(7) Performance of students grouped by those who are economically disadvantaged;
(8) Performance of students grouped by those who are enrolled in a conversion community school established under Chapter 3314. of the Revised Code;
(9) Performance of students grouped by those who are classified as limited English proficient;
(10) Performance of students grouped by those who have disabilities;
(11) Performance of students grouped by those who are classified as migrants;
(12) Performance of students grouped by those who are identified as gifted in superior cognitive ability and the specific academic ability fields of reading and math pursuant to Chapter 3324. of the Revised Code. In disaggregating specific academic ability fields for gifted students, the department shall use data for those students with specific academic ability in math and reading. If any other academic field is assessed, the department shall also include data for students with specific academic ability in that field as well.
(13) Performance of students grouped by those who perform in the lowest quintile for achievement on a statewide basis, as determined by a method prescribed by the state board.
The department may disaggregate data on student performance according to other categories that the department determines are appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (F)(1) to (13) of this section that it deems relevant.
In reporting data pursuant to division (F) of this section, the department shall not include in the report cards any data statistical in nature that is statistically unreliable or that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (F) of this section that contains less than ten students. If the department does not report student performance data for a group because it contains less than ten students, the department shall indicate on the report card that is why data was not reported.
(G) The department may include with the report cards any additional education and fiscal performance data it deems valuable.
(H) The department shall include on each report card a list of additional information collected by the department that is available regarding the district or building for which the report card is issued. When available, such additional information shall include student mobility data disaggregated by race and socioeconomic status, college enrollment data, and the reports prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web. The report card shall include the address of the site and shall specify that such additional information is available to the public at that site. The department shall also provide a copy of each item on the list to the superintendent of each school district. The district superintendent shall provide a copy of any item on the list to anyone who requests it.
(I)(1)(a) Except as provided in division (I)(1)(b) of this section, for any district that sponsors a conversion community school under Chapter 3314. of the Revised Code, the department shall combine data regarding the academic performance of students enrolled in the community school with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the report card issued for the district under this section or section 3302.033 of the Revised Code.
(b) The department shall not combine data from any conversion community school that a district sponsors if a majority of the students enrolled in the conversion community school are enrolled in a dropout prevention and recovery program that is operated by the school, as described in division (A)(4)(a) of section 3314.35 of the Revised Code. The department shall include as an addendum to the district's report card the ratings and performance measures that are required under section 3314.017 of the Revised Code for any community school to which division (I)(1)(b) of this section applies. This addendum shall include, at a minimum, the data specified in divisions (C)(1)(a), (C)(2), and (C)(3) of section 3314.017 of the Revised Code.
(2) Any district that leases a building to a community school located in the district or that enters into an agreement with a community school located in the district whereby the district and the school endorse each other's programs may elect to have data regarding the academic performance of students enrolled in the community school combined with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the district report card. Any district that so elects shall annually file a copy of the lease or agreement with the department.
(3) Any municipal school district, as defined in section 3311.71 of the Revised Code, that sponsors a community school located within the district's territory, or that enters into an agreement with a community school located within the district's territory whereby the district and the community school endorse each other's programs, may exercise either or both of the following elections:
(a) To have data regarding the academic performance of students enrolled in that community school combined with comparable data from the schools of the district for the purpose of determining the performance of the district as a whole on the district's report card;
(b) To have the number of students attending that community school noted separately on the district's report card.
The election authorized under division (I)(3)(a) of this section is subject to approval by the governing authority of the community school.
Any municipal school district that exercises an election to combine or include data under division (I)(3) of this section, by the first day of October of each year, shall file with the department documentation indicating eligibility for that election, as required by the department.
(J) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the No Child Left Behind Act of 2001, and a comparison of that percentage with the percentages of such teachers in similar districts and buildings.
(K)(1) In calculating English language arts, mathematics, social studies, or science assessment passage rates used to determine school district or building performance under this section, the department shall include all students taking an assessment with accommodation or to whom an alternate assessment is administered pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code.
(2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and annual measurable objectives for determining adequate yearly progress for school districts and buildings under this section, the department shall do all of the following:
(a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any assessment prescribed by division (A)(1) or (B)(1) of section 3301.0710 or division (B) of section 3301.0712 of the Revised Code that is administered to the student's grade level;
(b)
Include
Until
the 2019-2020
school year, include cumulative
totals from both the fall and spring administrations of the third
grade English language arts achievement assessment;
(c) Except as required by the No Child Left Behind Act of 2001, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year.
(L) Beginning with the 2015-2016 school year and at least once every three years thereafter, the state board of education shall review and may adjust the benchmarks for assigning letter grades to the performance measures and components prescribed under divisions (C)(3) and (D) of this section.
(M) Not later than December 31, 2018, the state board of education shall make recommendations to the general assembly, in accordance with section 101.68 of the Revised Code, on what data generated from student assessments is necessary for purposes of calculating letter grades for the report card ratings, components, and performance measures issued under this section.
Sec.
3302.036.
(A) Notwithstanding anything in the Revised Code
to the contrary, the department of education shall not assign
an overall letter grade under division (C)(3) of section 3302.03
of the Revised Code for any school district or building for
the 2014-2015, 2015-2016, or
2016-2017,
2017-2018, or 2018-2019
school years, may, at the discretion of the state board of education,
not assign an individual grade to any component prescribed
under division (C)(3) of section 3302.03 of the Revised
Code, and shall not rank school districts, community schools
established under Chapter 3314. of the Revised Code, or STEM
schools established under Chapter 3326. of the Revised Code under
section 3302.21 of the Revised Code for those school years.
The report card ratings issued for the 2014-2015, 2015-2016,
or
2016-2017,
2017-2018, or 2018-2019
school years shall not
be considered in determining whether a school district or a school
is subject to sanctions or penalties. However, the report card
ratings of any previous or subsequent years shall be considered
in determining whether a school district or building is
subject to sanctions or penalties. Accordingly, the report card
ratings for the 2014-2015, 2015-2016, or
2016-2017,
2017-2018,
or 2018-2019
school years shall have no effect in determining
sanctions or penalties, but shall not create a new starting
point for determinations that are based on ratings over multiple
years.
(B) The provisions from which a district or school is exempt under division (A) of this section shall be the following:
(1) Any restructuring provisions established under this chapter, except as required under the "No Child Left Behind Act of 2001";
(2) Provisions for the Columbus city school pilot project under section 3302.042 of the Revised Code;
(3)
Provisions for academic distress commissions under former
section 3302.10 of the Revised Code as it existed prior to
the effective date of this amendment
October 15, 2015.
The provisions
of this section do not apply to academic distress commissions
under the version of that section as it exists on or after
the effective date of this amendment
October 15, 2015.
(4) Provisions prescribing new buildings where students are eligible for the educational choice scholarships under section 3310.03 of the Revised Code;
(5) Provisions defining "challenged school districts" in which new start-up community schools may be located, as prescribed in section 3314.02 of the Revised Code;
(6) Provisions prescribing community school closure requirements under section 3314.35 or 3314.351 of the Revised Code.
(C)
Notwithstanding anything in the Revised Code to the contrary
and except as provided in Section 3 of H.B. 7 of the 131st
general assembly, no school district, community school, or STEM
school shall utilize at any time during a student's academic
career a student's score on any assessment administered under
division (A) of section 3301.0710 or division (B)(2)
of
section
3301.0712 of the Revised Code in the 2014-2015, 2015-2016,
or
2016-2017,
2017-2018, or 2018-2019
school year
years
as
a
factor in any decision to promote or to deny the student promotion
to a higher grade level or in any decision to grant course
credit. No individual student score reports on such assessments
administered in the 2014-2015, 2015-2016, or
2016-2017,
2017-2018, or 2018-2019
school years shall be released, except
to a student's school district or school or to the student
or the student's parent or guardian.
Sec. 3302.05. The state board of education shall adopt rules freeing school districts from specified state mandates if one of the following applies:
(A) For the 2011-2012 school year, the school district was declared to be excellent under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013, and had above expected growth in the overall value-added measure.
(B) For the 2012-2013 school year, the school district received a grade of "A" for the number of performance indicators met under division (A)(1)(c) of section 3302.03 of the Revised Code and for the value-added dimension under division (A)(1)(e) of section 3302.03 of the Revised Code.
(C)
For the 2013-2014, 2014-2015,
or ,
2015-2016,
2016-2017, 2017-2018, or 2018-2019
school
year
years,
the school district received a grade of "A" for the number
of performance indicators met under division (B)(1)(c) of section
3302.03 of the Revised Code and for the value-added dimension under
division (B)(1)(e) of section 3302.03 of the Revised Code.
(D)
For the 2016-2017
2019-2020
school
year and for each school year thereafter, the school district
received an overall grade of "A" under division (C)(3) of
section 3302.03 of the Revised
Code.
Any mandates included in the rules shall be only those statutes or rules pertaining to state education requirements. The rules shall not exempt districts from any operating standard adopted under division (D)(3) of section 3301.07 of the Revised Code.
Sec. 3310.03. A student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code and the student satisfies one of the conditions in division (A), (B), (C), (D), or (E) of this section:
(A)(1) The student is enrolled in a school building operated by the student's resident district that, on the report card issued under section 3302.03 of the Revised Code published prior to the first day of July of the school year for which a scholarship is sought, did not receive a rating as described in division (H) of this section, and to which any or a combination of any of the following apply for two of the three most recent report cards published prior to the first day of July of the school year for which a scholarship is sought:
(a) The building was declared to be in a state of academic emergency or academic watch under section 3302.03 of the Revised Code as that section existed prior to March 22, 2013.
(b)
The building received a grade of "D" or "F" for
the performance index score under division (A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
of section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e)
or ,
(B)(1)(e),
or (C)(1)(e)
of section 3302.03 of the Revised Code for the 2012-2013, 2013-2014,
2014-2015, or
2015-2016,
2016-2017, 2017-2018, or 2018-2019
school year; or if the building serves only grades ten through
twelve, the building received a grade of "D" or "F"
for the performance index score under division (A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
of section 3302.03 of the Revised Code and had a four-year adjusted
cohort graduation rate of less than seventy-five per cent.
(c)
The building received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under
division (C)(1)(e) of section 3302.03 of the Revised Code for the
2016-2017
2019-2020
school
year or any school year thereafter.
(2) The student will be enrolling in any of grades kindergarten through twelve in this state for the first time in the school year for which a scholarship is sought, will be at least five years of age by the first day of January of the school year for which a scholarship is sought, and otherwise would be assigned under section 3319.01 of the Revised Code in the school year for which a scholarship is sought, to a school building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1) of this section.
(4) The student is enrolled in a school building operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1) of this section in the school year for which the scholarship is sought.
(5) The student will be both enrolling in any of grades kindergarten through twelve in this state for the first time and at least five years of age by the first day of January of the school year for which a scholarship is sought, or is enrolled in a community school established under Chapter 3314. of the Revised Code, and all of the following apply to the student's resident district:
(a) The district has in force an intradistrict open enrollment policy under which no student in the student's grade level is automatically assigned to a particular school building;
(b) In the most recent rating published prior to the first day of July of the school year for which scholarship is sought, the district did not receive a rating described in division (H) of this section, and in at least two of the three most recent report cards published prior to the first day of July of that school year, any or a combination of the following apply to the district:
(i) The district was declared to be in a state of academic emergency under section 3302.03 of the Revised Code as it existed prior to March 22, 2013.
(ii)
The district received a grade of "D" or "F" for
the performance index score under division (A)(1)(b) or (B)(1)(b) of
section 3302.03 of the Revised Code and for the value-added progress
dimension under division (A)(1)(e)
or ,
(B)(1)(e),
or (C)(1)(e)
of section 3302.03 of the Revised Code for the 2012-2013, 2013-2014,
2014-2015, or
2015-2016,
2016-2017, 2017-2018, or 2018-2019
school year.
(c)
The district received an overall grade of "D" or "F"
under division (C)(3) of section 3302.03 of the Revised Code or a
grade of "F" for the value-added progress dimension under
division (C)(1)(e) of section 3302.03 of the Revised Code for the
2016-2017
2019-2020
school
year or any school year thereafter.
(6)
Beginning in the 2016-2017
2019-2020
school
year, the student is enrolled in or will be enrolling in a building
in the school year for which the scholarship is sought that serves
any of grades nine through twelve and that received a grade of "D"
or "F" for the four-year adjusted cohort graduation rate
under division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03
of the Revised Code in two of the three most recent report cards
published prior to the first day of July of the school year for which
a scholarship is sought.
(B)(1) The student is enrolled in a school building operated by the student's resident district and to which both of the following apply:
(a) The building was ranked, for at least two of the three most recent rankings prior to the first day of July of the school year for which a scholarship is sought, in the lowest ten per cent of all buildings operated by city, local, and exempted village school districts according to performance index score as determined by the department of education.
(b) The building was not declared to be excellent or effective, or the equivalent of such ratings as determined by the department, under section 3302.03 of the Revised Code in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought.
(2) The student will be enrolling in any of grades kindergarten through twelve in this state for the first time in the school year for which a scholarship is sought, will be at least five years of age, as defined in section 3321.01 of the Revised Code, by the first day of January of the school year for which a scholarship is sought, and otherwise would be assigned under section 3319.01 of the Revised Code in the school year for which a scholarship is sought, to a school building described in division (B)(1) of this section.
(3) The student is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (B)(1) of this section.
(4) The student is enrolled in a school building operated by the student's resident district or in a community school established under Chapter 3314. of the Revised Code and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (B)(1) of this section in the school year for which the scholarship is sought.
(C) The student is enrolled in a nonpublic school at the time the school is granted a charter by the state board of education under section 3301.16 of the Revised Code and the student meets the standards of division (B) of section 3310.031 of the Revised Code.
(D)
For the 2016-2017
2019-2020
school
year and each school year thereafter, the student is in any of grades
kindergarten through three, is enrolled in a school building that is
operated by the student's resident district or will be enrolling in
any of grades kindergarten through twelve in this state for the first
time in the school year for which a scholarship
is sought, and to which both of the following apply:
(1) The building, in at least two of the three most recent ratings of school buildings published prior to the first day of July of the school year for which a scholarship is sought, received a grade of "D" or "F" for making progress in improving literacy in grades kindergarten through three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;
(2) The building did not receive a grade of "A" for making progress in improving literacy in grades kindergarten through three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code in the most recent rating published prior to the first day of July of the school year for which a scholarship is sought.
(E) The student's resident district is subject to section 3302.10 of the Revised Code and the student either:
(1) Is enrolled in a school building operated by the resident district or in a community school established under Chapter 3314. of the Revised Code;
(2) Will be both enrolling in any of grades kindergarten through twelve in this state for the first time and at least five years of age by the first day of January of the school year for which a scholarship is sought.
(F) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply:
(1) The student's resident district remains the same, or the student transfers to a new resident district and otherwise would be assigned in the new resident district to a school building described in division (A)(1), (B)(1), (D), or (E) of this section.
(2) Except as provided in divisions (K)(1) and (L) of section 3301.0711 of the Revised Code, the student takes each assessment prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in a chartered nonpublic school.
(3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than twenty days that the school is open for instruction, not including excused absences.
(G)(1) The department shall cease awarding first-time scholarships pursuant to divisions (A)(1) to (4) of this section with respect to a school building that, in the most recent ratings of school buildings published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (A)(1) of this section. The department shall cease awarding first-time scholarships pursuant to division (A)(5) of this section with respect to a school district that, in the most recent ratings of school districts published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (A)(5) of this section.
(2) The department shall cease awarding first-time scholarships pursuant to divisions (B)(1) to (4) of this section with respect to a school building that, in the most recent ratings of school buildings under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (B)(1) of this section.
(3) The department shall cease awarding first-time scholarships pursuant to division (D) of this section with respect to a school building that, in the most recent ratings of school buildings under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to meet the criteria in division (D) of this section.
(4) The department shall cease awarding first-time scholarships pursuant to division (E) of this section with respect to a school district subject to section 3302.10 of the Revised Code when the academic distress commission established for the district ceases to exist.
(5) However, students who have received scholarships in the prior school year remain eligible students pursuant to division (F) of this section.
(H) The state board of education shall adopt rules defining excused absences for purposes of division (F)(3) of this section.
(I)(1) A student who satisfies only the conditions prescribed in divisions (A)(1) to (4) of this section shall not be eligible for a scholarship if the student's resident building meets any of the following in the most recent rating under section 3302.03 of the Revised Code published prior to the first day of July of the school year for which a scholarship is sought:
(a) The building has an overall designation of excellent or effective under section 3302.03 of the Revised Code as it existed prior to March 22, 2013.
(b)
For the 2012-2013, 2013-2014, 2014-2015, or
2015-2016,
2016-2017, 2017-2018, or 2018-2019
school year, the building has a
grade of "A" or "B" for the performance index
score under division (A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
of section 3302.03 of the Revised Code and for the value-added
progress dimension under division (A)(1)(e)
or ,
(B)(1)(e),
or (C)(1)(e)
of section 3302.03 of the Revised Code; or if the building serves
only grades ten through twelve, the building received a grade of "A"
or "B" for the performance index score under division
(A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
of section 3302.03 of the Revised Code and had a four-year adjusted
cohort graduation rate of greater than or equal to seventy-five per
cent.
(c)
For the 2016-2017
2019-2020
school
year or any school year thereafter, the building has a grade of "A"
or "B" under division (C)(3) of section 3302.03 of the
Revised Code and a grade of "A" for the value-added
progress dimension under division (C)(1)(e) of section 3302.03 of the
Revised Code; or if the building serves only grades ten through
twelve, the building received a grade of "A" or "B"
for the performance index score under division (C)(1)(b) of section
3302.03 of the Revised Code and had a four-year adjusted cohort
graduation rate of greater than or equal to seventy-five per cent.
(2) A student who satisfies only the conditions prescribed in division (A)(5) of this section shall not be eligible for a scholarship if the student's resident district meets any of the following in the most recent rating under section 3302.03 of the Revised Code published prior to the first day of July of the school year for which a scholarship is sought:
(a) The district has an overall designation of excellent or effective under section 3302.03 of the Revised Code as it existed prior to March 22, 2013.
(b) The district has a grade of "A" or "B" for the performance index score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the Revised Code and for the value-added progress dimension under division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised Code for the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years.
(c) The district has an overall grade of "A" or "B" under division (C)(3) of section 3302.03 of the Revised Code and a grade of "A" for the value-added progress dimension under division (C)(1)(e) of section 3302.03 of the Revised Code for the 2016-2017 school year or any school year thereafter.
Sec. 3310.14. (A) Except as provided in division (B) of this section, each chartered nonpublic school that is not subject to division (K)(1) of section 3301.0711 of the Revised Code and enrolls students awarded scholarships under sections 3310.01 to 3310.17 of the Revised Code annually shall administer the assessments prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, to each scholarship student enrolled in the school in accordance with section 3301.0711 of the Revised Code. Each chartered nonpublic school that is subject to this section shall report to the department of education the results of each assessment administered to each scholarship student under this section.
Nothing
in this section requires a chartered nonpublic school to administer
any achievement assessment, except for an Ohio graduation test
prescribed by division (B)(1) of section 3301.0710 or the
college and work ready assessment system
assessments
prescribed by division (B) of section 3301.0712 of the Revised Code
to any student enrolled in the school who is not a scholarship
student.
(B) A chartered nonpublic school that meets the conditions specified in division (K)(2) of section 3301.0711 of the Revised Code shall not be required to administer the elementary assessments prescribed by division (A) of section 3301.0710 of the Revised Code.
Sec. 3310.522. In order to maintain eligibility for a scholarship, a student shall take each assessment prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, in accordance with section 3301.0711 of the Revised Code, unless the student is excused from taking that assessment under federal law or the student's individualized education program or the student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) of section 3301.0711 of the Revised Code.
Each registered private provider that is not subject to division (K)(1) of section 3301.0711 of the Revised Code and enrolls a student who is awarded a scholarship shall administer each assessment prescribed by section 3301.0710, 3301.0712, or 3313.619 of the Revised Code, as applicable, to that student in accordance with section 3301.0711 of the Revised Code, unless the student is excused from taking that assessment or the student is enrolled in a chartered nonpublic school that meets the conditions specified in division (K)(2) of section 3301.0711 of the Revised Code, and shall report to the department the results of each assessment so administered.
Nothing
in this section requires any chartered nonpublic school
that is a registered private provider to administer any achievement
assessment, except for an Ohio graduation test prescribed
by division (B)(1) of section 3301.0710 or the college
and work ready assessment system assessments
prescribed
by
division (B) of section 3301.0712 of the Revised Code to any student
enrolled in the school who is not a scholarship student.
Sec. 3311.80. Notwithstanding any provision of the Revised Code to the contrary, a municipal school district shall be subject to this section instead of section 3319.111 of the Revised Code.
(A) Not later than July 1, 2013, the board of education of each municipal school district and the teachers' labor organization shall develop and adopt standards-based teacher evaluation procedures that conform with the framework for evaluation of teachers developed under former section 3319.112 of the Revised Code. The evaluation procedures shall include at least formal observations and classroom walk-throughs, which may be announced or unannounced; examinations of samples of work, such as lesson plans or assessments designed by a teacher; and multiple measures of student academic growth.
(B) When using measures of student academic growth as a component of a teacher's evaluation, those measures shall include the value-added progress dimension prescribed by section 3302.021 of the Revised Code or the alternative student academic progress measure if adopted under division (C)(1)(e) of section 3302.03 of the Revised Code. For teachers of grade levels and subjects for which the value-added progress dimension or alternative student academic achievement measure is not applicable, the board shall administer assessments on the list developed under division (B)(2) of former section 3319.112 of the Revised Code.
(C)(1) Each teacher employed by the board shall be evaluated at least once each school year, except as provided in division (C)(2) of this section. The composite evaluation shall be completed not later than the first day of June and the teacher shall receive a written report of the results of the composite evaluation not later than ten days after its completion or the last teacher work day of the school year, whichever is earlier.
(2) Each teacher who received a rating of accomplished on the teacher's most recent evaluation conducted under this section may be evaluated once every two school years, except that the teacher shall be evaluated in any school year in which the teacher's contract is due to expire. The biennial composite evaluation shall be completed not later than the first day of June of the applicable school year, and the teacher shall receive a written report of the results of the composite evaluation not later than ten days after its completion or the last teacher work day of the school year, whichever is earlier.
(D) Each evaluation conducted pursuant to this section shall be conducted by one or more of the following persons who have been trained to conduct evaluations in accordance with criteria that shall be developed jointly by the chief executive officer of the district, or the chief executive officer's designee, and the teachers' labor organization:
(1) The chief executive officer or a subordinate officer of the district with responsibility for instruction or academic affairs;
(2) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a principal issued under section 3319.22 of the Revised Code;
(3) A person who is under contract with the board pursuant to section 3319.02 of the Revised Code and holds a license designated for being a vocational director or a supervisor in any educational area issued under section 3319.22 of the Revised Code;
(4) A person designated to conduct evaluations under an agreement providing for peer assistance and review entered into by the board and the teachers' labor organization.
(E) The evaluation procedures shall describe how the evaluation results will be used for decisions regarding compensation, retention, promotion, and reductions in force and for removal of poorly performing teachers.
(F) A teacher may challenge any violations of the evaluation procedures in accordance with the grievance procedure specified in any applicable collective bargaining agreement. A challenge under this division is limited to the determination of procedural errors that have resulted in substantive harm to the teacher and to ordering the correction of procedural errors. The failure of the board or a person conducting an evaluation to strictly comply with any deadline or evaluation forms established as part of the evaluation process shall not be cause for an arbitrator to determine that a procedural error occurred, unless the arbitrator finds that the failure resulted in substantive harm to the teacher. The arbitrator shall have no jurisdiction to modify the evaluation results, but the arbitrator may stay any decision taken pursuant to division (E) of this section pending the board's correction of any procedural error. The board shall correct any procedural error within fifteen business days after the arbitrator's determination that a procedural error occurred.
(G) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of a collective bargaining agreement entered into on or after October 1, 2012. However, the board and the teachers' labor organization may negotiate additional evaluation procedures, including an evaluation process incorporating peer assistance and review, provided the procedures are consistent with this section.
(H) This section does not apply to administrators appointed by the chief executive officer of a municipal school district under section 3311.72 of the Revised Code, administrators subject to evaluation procedures under section 3311.84 or 3319.02 of the Revised Code, or to any teacher employed as a substitute for less than one hundred twenty days during a school year pursuant to section 3319.10 of the Revised Code.
Sec.
3311.84.
Notwithstanding any provision of the Revised Code to the contrary, a
municipal school district shall be subject to this section instead
of division (D) of section 3319.02 of the Revised Code with
respect to the
evaluation of principals
and assistant principals, but all other provisions of that
section
3319.02
of the Revised Code shall
apply to the district with respect to principals and assistant
principals. Section 3319.02 of the Revised Code in its entirety shall
apply to the district with respect to employees other than principals
and assistant principals who are covered by that section, except as
otherwise provided in section 3311.72 of the Revised Code.
(A) As used in this section, "principal" includes an assistant principal.
(B) The board of education of each municipal school district shall adopt procedures for the evaluation of principals and shall evaluate all principals in accordance with those procedures. The procedures shall be based on principles comparable to the teacher evaluation procedures adopted under section 3311.80 of the Revised Code, but shall be tailored to the duties and responsibilities of principals and the environment in which principals work. Each evaluation shall measure the principal's effectiveness in performing the duties included in the principal's job description and shall be considered by the board in deciding whether to renew the principal's contract of employment.
(C) The evaluation procedures adopted under this section shall require each principal to be evaluated annually through a written evaluation process. The evaluation shall be conducted by the chief executive officer of the district, or the chief executive officer's designee.
(D) To provide time to show progress in correcting deficiencies identified in the evaluation, each evaluation shall be completed as follows:
(1) In any school year that the principal's contract of employment is not due to expire, at least one evaluation shall be completed in that year. A written copy of the evaluation shall be provided to the principal by the end of the principal's contract year as defined by the principal's annual salary notice.
(2) In any school year that the principal's contract of employment is due to expire, at least a preliminary evaluation and a final evaluation shall be completed in that year. A written copy of the preliminary evaluation shall be provided to the principal at least sixty days prior to any action by the board on the principal's contract of employment. The final evaluation shall indicate the chief executive officer's intended recommendation to the board regarding a contract of employment for the principal. A written copy of the final evaluation shall be provided to the principal at least five days prior to the chief executive officer making the recommendation to the board.
(E) At least thirty days prior to taking action to renew or not renew the contract of a principal, the board shall notify the principal of the board's intended action and that the principal may request a meeting with the board regarding the board's intended action. Upon request of the principal, the board shall grant the principal a meeting in executive session. In that meeting, the board shall discuss its reasons for considering renewal or nonrenewal of the contract. The principal shall be permitted to have a representative, chosen by the principal, present at the meeting.
The establishment of evaluation procedures in accordance with this section shall not create an expectancy of continued employment. Nothing in this section shall prevent the board from making the final determination regarding the renewal or nonrenewal of a principal's contract.
(F) Termination of a principal's contract shall be in accordance with section 3319.16 of the Revised Code, except as follows:
(1) Failure of the principal's building to meet academic performance standards established by the chief executive officer shall be considered good and just cause for termination under that section.
(2) If the chief executive officer intends to recommend to the board that the principal's contract be terminated, the chief executive officer shall provide the principal a written copy of the principal's evaluation at least five days prior to making the recommendation to the board.
Sec. 3313.60. Notwithstanding division (D) of section 3311.52 of the Revised Code, divisions (A) to (E) of this section do not apply to any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.
(A)
The board of education of each city, exempted village, and local
school district and the board of each cooperative education school
district established, pursuant to section 3311.521 of the Revised
Code, shall prescribe a curriculum
graded
course of study
for
all schools under its control. Each
district board shall post a copy of each graded course of study on
its web site. Except
as provided in division (E) of this section, in any such curriculum
graded
course of study
there
shall be included the study of the following subjects:
(1) The language arts, including reading, writing, spelling, oral and written English, and literature;
(2) Geography, the history of the United States and of Ohio, and national, state, and local government in the United States, including a balanced presentation of the relevant contributions to society of men and women of African, Mexican, Puerto Rican, and American Indian descent as well as other ethnic and racial groups in Ohio and the United States;
(3) Mathematics;
(4) Natural science, including instruction in the conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and organically produced foods, the relation of nutrition to health, and the use and effects of food additives;
(b) The harmful effects of and legal restrictions against the use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in personal safety and assault prevention, except that upon written request of the student's parent or guardian, a student shall be excused from taking instruction in personal safety and assault prevention;
(e) In grades seven through twelve, age-appropriate instruction in dating violence prevention education, which shall include instruction in recognizing dating violence warning signs and characteristics of healthy relationships.
In order to assist school districts in developing a dating violence prevention education curriculum, the department of education shall provide on its web site links to free curricula addressing dating violence prevention.
If the parent or legal guardian of a student less than eighteen years of age submits to the principal of the student's school a written request to examine the dating violence prevention instruction materials used at that school, the principal, within a reasonable period of time after the request is made, shall allow the parent or guardian to examine those materials at that school.
(f) Prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between prescription opioid abuse and addiction to other drugs, such as heroin;
(g) The process of making an anatomical gift under Chapter 2108. of the Revised Code, with an emphasis on the life-saving and life-enhancing effects of organ and tissue donation.
(6) Physical education;
(7) The fine arts, including music;
(8) First aid, including a training program in cardiopulmonary resuscitation, which shall comply with section 3313.6021 of the Revised Code when offered in any of grades nine through twelve, safety, and fire prevention. However, upon written request of the student's parent or guardian, a student shall be excused from taking instruction in cardiopulmonary resuscitation.
(B) Except as provided in division (E) of this section, every school or school district shall include in the requirements for promotion from the eighth grade to the ninth grade one year's course of study of American history. A board may waive this requirement for academically accelerated students who, in accordance with procedures adopted by the board, are able to demonstrate mastery of essential concepts and skills of the eighth grade American history course of study.
(C) As specified in divisions (B)(6) and (C)(6) of section 3313.603 of the Revised Code, except as provided in division (E) of this section, every high school shall include in the requirements for graduation from any curriculum one-half unit each of American history and government.
(D) Except as provided in division (E) of this section, basic instruction or demonstrated mastery in geography, United States history, the government of the United States, the government of the state of Ohio, local government in Ohio, the Declaration of Independence, the United States Constitution, and the Constitution of the state of Ohio shall be required before pupils may participate in courses involving the study of social problems, economics, foreign affairs, United Nations, world government, socialism, and communism.
(E)
For each cooperative education school district established pursuant
to section 3311.521 of the Revised Code and each city, exempted
village, and local school district that has territory within such a
cooperative district, the curriculum
graded
course of study
adopted
pursuant to divisions (A) to (D) of this section shall only include
the study of the subjects that apply to the grades operated by each
such school district. The curriculums
graded
course of study
for
such schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D) of
this section.
(F)
The board of education of any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code shall prescribe a curriculum
graded
course of study
for
the subject areas and grade levels offered in any school under its
control.
(G) Upon the request of any parent or legal guardian of a student, the board of education of any school district shall permit the parent or guardian to promptly examine, with respect to the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its administration to the child;
(2) Any textbook, workbook, software, video, or other instructional materials being used by the district in connection with the instruction of the child;
(3) Any completed and graded test taken or survey or questionnaire filled out by the child;
(4)
Copies of the statewide academic content
standards
and
each model curriculum developed
pursuant to section 3301.079 of the Revised Code, which copies shall
be available at all times during school hours in each district school
building.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of course instruction, except that for a laboratory course, "one unit" means a minimum of one hundred fifty hours of course instruction.
(2) "One-half unit" means a minimum of sixty hours of course instruction, except that for physical education courses, "one-half unit" means a minimum of one hundred twenty hours of course instruction.
(B) Beginning September 15, 2001, except as required in division (C) of this section and division (C) of section 3313.614 of the Revised Code, the requirements for graduation from every high school shall include twenty units earned in grades nine through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three units thereafter, which at all times shall include both of the following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) History and government, one unit, which shall comply with division (M) of this section and shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Beginning with students who enter ninth grade for the first time on or after July 1, 2017, the two units of instruction prescribed by division (B)(7) of this section shall include at least one-half unit of instruction in the study of world history and civilizations.
(8) Elective units, seven units until September 15, 2003, and six units thereafter.
Each student's electives shall include at least one unit, or two half units, chosen from among the areas of business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the first time on or after July 1, 2010, except as provided in divisions (D) to (F) of this section, the requirements for graduation from every public and chartered nonpublic high school shall include twenty units that are designed to prepare students for the workforce and college. The units shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in nutrition and the benefits of nutritious foods and physical activity for overall health;
(3) Mathematics, four units, which shall include one unit of algebra II or the equivalent of algebra II. However, students who enter ninth grade for the first time on or after July 1, 2015, and who are pursuing a career-technical instructional track shall not be required to take algebra II, and instead may complete a career-based pathway mathematics course approved by the department of education as an alternative.
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information, which shall include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences, one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space science.
(6) History and government, one unit, which shall comply with division (M) of this section and shall include both of the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Social studies, two units.
Each school shall integrate the study of economics and financial literacy, as expressed in the social studies academic content standards adopted by the state board of education under division (A)(1) of section 3301.079 of the Revised Code and the academic content standards for financial literacy and entrepreneurship adopted under division (A)(2) of that section, into one or more existing social studies credits required under division (C)(7) of this section, or into the content of another class, so that every high school student receives instruction in those concepts. In developing the curriculum required by this paragraph, schools shall use available public-private partnerships and resources and materials that exist in business, industry, and through the centers for economics education at institutions of higher education in the state.
Beginning with students who enter ninth grade for the first time on or after July 1, 2017, the two units of instruction prescribed by division (C)(7) of this section shall include at least one-half unit of instruction in the study of world history and civilizations.
(8) Five units consisting of one or any combination of foreign language, fine arts, business, career-technical education, family and consumer sciences, technology, agricultural education, a junior reserve officer training corps (JROTC) program approved by the congress of the United States under title 10 of the United States Code, or English language arts, mathematics, science, or social studies courses not otherwise required under division (C) of this section.
Ohioans
must be prepared to apply increased knowledge and skills in the
workplace and to adapt their knowledge and skills quickly to meet the
rapidly changing conditions of the twenty-first century. National
studies indicate that all high school graduates need the same
academic foundation, regardless of the opportunities they pursue
after graduation. The goal of Ohio's system of elementary and
secondary education is to prepare all students for and seamlessly
connect all students to success in life beyond high school
graduation, regardless of whether the next step is entering the
workforce, beginning an apprenticeship, engaging in post-secondary
training, serving in the military, or pursuing a college degree.
The requirements for graduation prescribed in division (C) of this section are the standard expectation for all students entering ninth grade for the first time at a public or chartered nonpublic high school on or after July 1, 2010. A student may satisfy this expectation through a variety of methods, including, but not limited to, integrated, applied, career-technical, and traditional coursework.
Whereas teacher quality is essential for student success when completing the requirements for graduation, the general assembly shall appropriate funds for strategic initiatives designed to strengthen schools' capacities to hire and retain highly qualified teachers in the subject areas required by the curriculum. Such initiatives are expected to require an investment of $120,000,000 over five years.
Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging academic endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for Ohio's students, families, and the state. The state board and the chancellor of higher education shall develop policies to ensure that only in rare instances will students who complete the requirements for graduation prescribed in division (C) of this section require academic remediation after high school.
School
districts, community schools, and chartered nonpublic schools shall
may
integrate
technology into learning experiences across the curriculum in order
to maximize efficiency, enhance learning, and prepare students for
success in the technology-driven twenty-first century. Districts and
schools shall
may
use
distance and web-based course delivery as a method of providing or
augmenting all instruction required under this division, including
laboratory experience in science. Districts and schools shall
may
utilize
technology access and electronic learning opportunities provided by
the broadcast educational media commission, chancellor, the Ohio
learning network, education technology centers, public television
stations, and other public and private providers.
(D) Except as provided in division (E) of this section, a student who enters ninth grade on or after July 1, 2010, and before July 1, 2016, may qualify for graduation from a public or chartered nonpublic high school even though the student has not completed the requirements for graduation prescribed in division (C) of this section if all of the following conditions are satisfied:
(1) During the student's third year of attending high school, as determined by the school, the student and the student's parent, guardian, or custodian sign and file with the school a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the requirements for graduation prescribed in division (C) of this section and acknowledging that one consequence of not completing those requirements is ineligibility to enroll in most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill any procedural requirements the school stipulates to ensure the student's and parent's, guardian's, or custodian's informed consent and to facilitate orderly filing of statements under division (D)(1) of this section. Annually, each district or school shall notify the department of the number of students who choose to qualify for graduation under division (D) of this section and the number of students who complete the student's success plan and graduate from high school.
(3) The student and the student's parent, guardian, or custodian and a representative of the student's high school jointly develop a student success plan for the student in the manner described in division (C)(1) of section 3313.6020 of the Revised Code that specifies the student matriculating to a two-year degree program, acquiring a business and industry-recognized credential, or entering an apprenticeship.
(4) The student's high school provides counseling and support for the student related to the plan developed under division (D)(3) of this section during the remainder of the student's high school experience.
(5)(a) Except as provided in division (D)(5)(b) of this section, the student successfully completes, at a minimum, the curriculum prescribed in division (B) of this section.
(b) Beginning with students who enter ninth grade for the first time on or after July 1, 2014, a student shall be required to complete successfully, at the minimum, the curriculum prescribed in division (B) of this section, except as follows:
(i) Mathematics, four units, one unit which shall be one of the following:
(I) Probability and statistics;
(II) Computer programming;
(III) Applied mathematics or quantitative reasoning;
(IV) Any other course approved by the department using standards established by the superintendent not later than October 1, 2014.
(ii) Elective units, five units;
(iii) Science, three units as prescribed by division (B) of this section which shall include inquiry-based laboratory experience that engages students in asking valid scientific questions and gathering and analyzing information.
The department, in collaboration with the chancellor, shall analyze student performance data to determine if there are mitigating factors that warrant extending the exception permitted by division (D) of this section to high school classes beyond those entering ninth grade before July 1, 2016. The department shall submit its findings and any recommendations not later than December 1, 2015, to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the chairpersons and ranking minority members of the standing committees of the house of representatives and the senate that consider education legislation, the state board of education, and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school retains the authority to require an even more challenging minimum curriculum for high school graduation than specified in division (B) or (C) of this section. A school district board of education, through the adoption of a resolution, or the governing authority of a chartered nonpublic school may stipulate any of the following:
(1) A minimum high school curriculum that requires more than twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high school curriculum that is comparable to the exception provided in division (D) of this section but with additional requirements, which may include a requirement that the student successfully complete more than the minimum curriculum prescribed in division (B) of this section;
(3) That no exception comparable to that provided in division (D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery program, which program has received a waiver from the department, may qualify for graduation from high school by successfully completing a competency-based instructional program administered by the dropout prevention and recovery program in lieu of completing the requirements for graduation prescribed in division (C) of this section. The department shall grant a waiver to a dropout prevention and recovery program, within sixty days after the program applies for the waiver, if the program meets all of the following conditions:
(1) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their initial enrollment, either, or both, are at least one grade level behind their cohort age groups or experience crises that significantly interfere with their academic progress such that they are prevented from continuing their traditional programs.
(3)
The program requires students to attain at least the applicable score
designated for each of the assessments prescribed under division
(B)(1) of section 3301.0710 of the Revised Code or, to the extent
prescribed by rule of the state board under division (D)(5)
(C)(4)
of
section 3301.0712 of the Revised Code, division (B)(2)
of that section.
(4) The program develops a student success plan for the student in the manner described in division (C)(1) of section 3313.6020 of the Revised Code that specifies the student's matriculating to a two-year degree program, acquiring a business and industry-recognized credential, or entering an apprenticeship.
(5) The program provides counseling and support for the student related to the plan developed under division (F)(4) of this section during the remainder of the student's high school experience.
(6) The program requires the student and the student's parent, guardian, or custodian to sign and file, in accordance with procedural requirements stipulated by the program, a written statement asserting the parent's, guardian's, or custodian's consent to the student's graduating without completing the requirements for graduation prescribed in division (C) of this section and acknowledging that one consequence of not completing those requirements is ineligibility to enroll in most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted to the department an instructional plan that demonstrates how the academic content standards adopted by the state board under section 3301.079 of the Revised Code will be taught and assessed.
(8) Prior to receiving the waiver, the program has submitted to the department a policy on career advising that satisfies the requirements of section 3313.6020 of the Revised Code, with an emphasis on how every student will receive career advising.
(9) Prior to receiving the waiver, the program has submitted to the department a written agreement outlining the future cooperation between the program and any combination of local job training, postsecondary education, nonprofit, and health and social service organizations to provide services for students in the program and their families.
Divisions (F)(8) and (9) of this section apply only to waivers granted on or after July 1, 2015.
If the department does not act either to grant the waiver or to reject the program application for the waiver within sixty days as required under this section, the waiver shall be considered to be granted.
(G) Every high school may permit students below the ninth grade to take advanced work. If a high school so permits, it shall award high school credit for successful completion of the advanced work and shall count such advanced work toward the graduation requirements of division (B) or (C) of this section if the advanced work was both:
(1) Taught by a person who possesses a license or certificate issued under section 3301.071, 3319.22, or 3319.222 of the Revised Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local, or exempted village school district, the board of the cooperative education school district, or the governing authority of the chartered nonpublic school as meeting the high school curriculum requirements.
Each high school shall record on the student's high school transcript all high school credit awarded under division (G) of this section. In addition, if the student completed a seventh- or eighth-grade fine arts course described in division (K) of this section and the course qualified for high school credit under that division, the high school shall record that course on the student's high school transcript.
(H) The department shall make its individual academic career plan available through its Ohio career information system web site for districts and schools to use as a tool for communicating with and providing guidance to students and families in selecting high school courses.
(I) Units earned in English language arts, mathematics, science, and social studies that are delivered through integrated academic and career-technical instruction are eligible to meet the graduation requirements of division (B) or (C) of this section.
(J)(1) The state board, in consultation with the chancellor, shall adopt a statewide plan implementing methods for students to earn units of high school credit based on a demonstration of subject area competency, instead of or in combination with completing hours of classroom instruction. The state board shall adopt the plan not later than March 31, 2009, and commence phasing in the plan during the 2009-2010 school year. The plan shall include a standard method for recording demonstrated proficiency on high school transcripts. Each school district and community school shall comply with the state board's plan adopted under this division and award units of high school credit in accordance with the plan. The state board may adopt existing methods for earning high school credit based on a demonstration of subject area competency as necessary prior to the 2009-2010 school year.
(2) Not later than December 31, 2015, the state board shall update the statewide plan adopted pursuant to division (J)(1) of this section to also include methods for students enrolled in seventh and eighth grade to meet curriculum requirements based on a demonstration of subject area competency, instead of or in combination with completing hours of classroom instruction. Beginning with the 2017-2018 school year, each school district and community school also shall comply with the updated plan adopted pursuant to this division and permit students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency in accordance with the plan.
(K) This division does not apply to students who qualify for graduation from high school under division (D) or (F) of this section, or to students pursuing a career-technical instructional track as determined by the school district board of education or the chartered nonpublic school's governing authority. Nevertheless, the general assembly encourages such students to consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first time on or after July 1, 2010, each student enrolled in a public or chartered nonpublic high school shall complete two semesters or the equivalent of fine arts to graduate from high school. The coursework may be completed in any of grades seven to twelve. Each student who completes a fine arts course in grade seven or eight may elect to count that course toward the five units of electives required for graduation under division (C)(8) of this section, if the course satisfied the requirements of division (G) of this section. In that case, the high school shall award the student high school credit for the course and count the course toward the five units required under division (C)(8) of this section. If the course in grade seven or eight did not satisfy the requirements of division (G) of this section, the high school shall not award the student high school credit for the course but shall count the course toward the two semesters or the equivalent of fine arts required by this division.
(L) Notwithstanding anything to the contrary in this section, the board of education of each school district and the governing authority of each chartered nonpublic school may adopt a policy to excuse from the high school physical education requirement each student who, during high school, has participated in interscholastic athletics, marching band, or cheerleading for at least two full seasons or in the junior reserve officer training corps for at least two full school years. If the board or authority adopts such a policy, the board or authority shall not require the student to complete any physical education course as a condition to graduate. However, the student shall be required to complete one-half unit, consisting of at least sixty hours of instruction, in another course of study. In the case of a student who has participated in the junior reserve officer training corps for at least two full school years, credit received for that participation may be used to satisfy the requirement to complete one-half unit in another course of study.
(M) It is important that high school students learn and understand United States history and the governments of both the United States and the state of Ohio. Therefore, beginning with students who enter ninth grade for the first time on or after July 1, 2012, the study of American history and American government required by divisions (B)(6) and (C)(6) of this section shall include the study of all of the following documents:
(1) The Declaration of Independence;
(2) The Northwest Ordinance;
(3) The Constitution of the United States with emphasis on the Bill of Rights;
(4) The Ohio Constitution.
The study of each of the documents prescribed in divisions (M)(1) to (4) of this section shall include study of that document in its original context.
The study of American history and government required by divisions (B)(6) and (C)(6) of this section shall include the historical evidence of the role of documents such as the Federalist Papers and the Anti-Federalist Papers to firmly establish the historical background leading to the establishment of the provisions of the Constitution and Bill of Rights.
Sec. 3313.608. (A)(1) Beginning with students who enter third grade in the school year that starts July 1, 2009, and until June 30, 2013, unless the student is excused under division (C) of section 3301.0711 of the Revised Code from taking the assessment described in this section, for any student who does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, each school district, in accordance with the policy adopted under section 3313.609 of the Revised Code, shall do one of the following:
(a) Promote the student to fourth grade if the student's principal and reading teacher agree that other evaluations of the student's skill in reading demonstrate that the student is academically prepared to be promoted to fourth grade;
(b) Promote the student to fourth grade but provide the student with intensive intervention services in fourth grade;
(c) Retain the student in third grade.
(2)
Beginning with students who enter third grade in the 2013-2014
school year, unless the student is excused under division
(C) of section 3301.0711 of the Revised Code from taking
the assessment described in this section, no school district
shall promote to fourth grade any student who does not attain
a
percentile score in at
least the equivalent
level of achievement
designated under division (A)(3) of section 3301.0710
of the Revised Code twentieth
percentile
on
the assessment
prescribed under that
section
3301.0710 of the Revised
Code
to measure skill in
English language arts expected at
the end of third grade, unless one of the following applies:
(a) The student is a limited English proficient student who has been enrolled in United States schools for less than three full school years and has had less than three years of instruction in an English as a second language program.
(b) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code and the student's individualized education program exempts the student from retention under this division.
(c) The student demonstrates an acceptable level of performance on an alternative standardized reading assessment as determined by the department of education.
(d) All of the following apply:
(i) The student is a child with a disability entitled to special education and related services under Chapter 3323. of the Revised Code.
(ii) The student has taken the third grade English language arts achievement assessment prescribed under section 3301.0710 of the Revised Code.
(iii) The student's individualized education program or plan under section 504 of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, shows that the student has received intensive remediation in reading for two school years but still demonstrates a deficiency in reading.
(iv) The student previously was retained in any of grades kindergarten to three.
(e)(i) The student received intensive remediation for reading for two school years but still demonstrates a deficiency in reading and was previously retained in any of grades kindergarten to three.
(ii) A student who is promoted under division (A)(2)(e)(i) of this section shall continue to receive intensive reading instruction in grade four. The instruction shall include an altered instructional day that includes specialized diagnostic information and specific research-based reading strategies for the student that have been successful in improving reading among low-performing readers.
The parent or guardian of a student who receives a score specified under division (A)(2)(d) of section 3301.0710 of the Revised Code on the assessment described in division (A)(2) of this section may choose to have the student retained and receive services prescribed by this section.
(B)(1) Beginning in the 2012-2013 school year, to assist students in meeting the third grade guarantee established by this section, each school district board of education shall adopt policies and procedures with which it annually shall assess the reading skills of each student, except those students with significant cognitive disabilities or other disabilities as authorized by the department on a case-by-case basis, enrolled in kindergarten to third grade and shall identify students who are reading below their grade level. The reading skills assessment shall be completed by the thirtieth day of September for students in grades one to three, and by the first day of November for students in kindergarten. Each district shall use the diagnostic assessment to measure reading ability for the appropriate grade level adopted under section 3301.079 of the Revised Code, or a comparable tool approved by the department of education, to identify such students. The policies and procedures shall require the students' classroom teachers to be involved in the assessment and the identification of students reading below grade level. The assessment may be administered electronically using live, two-way video and audio connections whereby the teacher administering the assessment may be in a separate location from the student.
(2) For each student identified by the diagnostic assessment prescribed under this section as having reading skills below grade level, the district shall do both of the following:
(a) Provide to the student's parent or guardian, in writing, all of the following:
(i) Notification that the student has been identified as having a substantial deficiency in reading;
(ii) A description of the current services that are provided to the student;
(iii) A description of the proposed supplemental instructional services and supports that will be provided to the student that are designed to remediate the identified areas of reading deficiency;
(iv) Notification that if the student attains a score in the range designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected at the end of third grade, the student shall be retained unless the student is exempt under division (A) of this section. The notification shall specify that the assessment under section 3301.0710 of the Revised Code is not the sole determinant of promotion and that additional evaluations and assessments are available to the student to assist parents and the district in knowing when a student is reading at or above grade level and ready for promotion.
(b) Provide intensive reading instruction services and regular diagnostic assessments to the student immediately following identification of a reading deficiency until the development of the reading improvement and monitoring plan required by division (C) of this section. These intervention services shall include research-based reading strategies that have been shown to be successful in improving reading among low-performing readers and instruction targeted at the student's identified reading deficiencies.
(3) For each student retained under division (A) of this section, the district shall do all of the following:
(a) Provide intense remediation services until the student is able to read at grade level. The remediation services shall include intensive interventions in reading that address the areas of deficiencies identified under this section including, but not limited to, not less than ninety minutes of reading instruction per day, and may include any of the following:
(i) Small group instruction;
(ii) Reduced teacher-student ratios;
(iii) More frequent progress monitoring;
(iv) Tutoring or mentoring;
(v) Transition classes containing third and fourth grade students;
(vi) Extended school day, week, or year;
(vii) Summer reading camps.
(b) Establish a policy for the mid-year promotion of a student retained under division (A) of this section who demonstrates that the student is reading at or above grade level;
(c) Provide each student with a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall offer the option for students to receive applicable services from one or more providers other than the district. Providers shall be screened and approved by the district or the department of education. If the student participates in the remediation services and demonstrates reading proficiency in accordance with standards adopted by the department prior to the start of fourth grade, the district shall promote the student to that grade.
(4) For each student retained under division (A) of this section who has demonstrated proficiency in a specific academic ability field, each district shall provide instruction commensurate with student achievement levels in that specific academic ability field.
As used in this division, "specific academic ability field" has the same meaning as in section 3324.01 of the Revised Code.
(C) For each student required to be provided intervention services under this section, the district shall develop a reading improvement and monitoring plan within sixty days after receiving the student's results on the diagnostic assessment or comparable tool administered under division (B)(1) of this section. The district shall involve the student's parent or guardian and classroom teacher in developing the plan. The plan shall include all of the following:
(1) Identification of the student's specific reading deficiencies;
(2) A description of the additional instructional services and support that will be provided to the student to remediate the identified reading deficiencies;
(3) Opportunities for the student's parent or guardian to be involved in the instructional services and support described in division (C)(2) of this section;
(4) A process for monitoring the extent to which the student receives the instructional services and support described in division (C)(2) of this section;
(5) A reading curriculum during regular school hours that does all of the following:
(a) Assists students to read at grade level;
(b) Provides scientifically based and reliable assessment;
(c) Provides initial and ongoing analysis of each student's reading progress.
(6) A statement that if the student does not attain at least the equivalent level of achievement designated under division (A)(3) of section 3301.0710 of the Revised Code on the assessment prescribed under that section to measure skill in English language arts expected by the end of third grade, the student may be retained in third grade.
Each student with a reading improvement and monitoring plan under this division who enters third grade after July 1, 2013, shall be assigned to a teacher who satisfies one or more of the criteria set forth in division (H) of this section.
The district shall report any information requested by the department about the reading improvement monitoring plans developed under this division in the manner required by the department.
(D) Each school district shall report annually to the department on its implementation and compliance with this section using guidelines prescribed by the superintendent of public instruction. The superintendent of public instruction annually shall report to the governor and general assembly the number and percentage of students in grades kindergarten through four reading below grade level based on the diagnostic assessments administered under division (B) of this section and the achievement assessments administered under divisions (A)(1)(a) and (b) of section 3301.0710 of the Revised Code in English language arts, aggregated by school district and building; the types of intervention services provided to students; and, if available, an evaluation of the efficacy of the intervention services provided.
(E) Any summer remediation services funded in whole or in part by the state and offered by school districts to students under this section shall meet the following conditions:
(1) The remediation methods are based on reliable educational research.
(2) The school districts conduct assessment before and after students participate in the program to facilitate monitoring results of the remediation services.
(3) The parents of participating students are involved in programming decisions.
(F) Any intervention or remediation services required by this section shall include intensive, explicit, and systematic instruction.
(G) This section does not create a new cause of action or a substantive legal right for any person.
(H)(1) Except as provided under divisions (H)(2), (3), and (4) of this section, each student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, shall be assigned a teacher who has at least one year of teaching experience and who satisfies one or more of the following criteria:
(a) The teacher holds a reading endorsement on the teacher's license and has attained a passing score on the corresponding assessment for that endorsement, as applicable.
(b) The teacher has completed a master's degree program with a major in reading.
(c) The teacher was rated "most effective" for reading instruction consecutively for the most recent two years based on assessments of student growth measures developed by a vendor and that is on the list of student assessments approved by the state board under division (B)(2) of former section 3319.112 of the Revised Code.
(d) The teacher was rated "above expected value added," in reading instruction, as determined by criteria established by the department, for the most recent, consecutive two years.
(e) The teacher has earned a passing score on a rigorous test of principles of scientifically research-based reading instruction as approved by the state board.
(f) The teacher holds an educator license for teaching grades pre-kindergarten through three or four through nine issued on or after July 1, 2017.
(2) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, may be assigned to a teacher with less than one year of teaching experience provided that the teacher meets one or more of the criteria described in divisions (H)(1)(a) to (f) of this section and that teacher is assigned a teacher mentor who meets the qualifications of division (H)(1) of this section.
(3) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, but prior to July 1, 2016, may be assigned to a teacher who holds an alternative credential approved by the department or who has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in division (H)(3) of this section shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(4) Notwithstanding division (H)(1) of this section, a student described in division (B)(3) or (C) of this section who enters third grade for the first time on or after July 1, 2013, may receive reading intervention or remediation services under this section from an individual employed as a speech-language pathologist who holds a license issued by the board of speech-language pathology and audiology under Chapter 4753. of the Revised Code and a professional pupil services license as a school speech-language pathologist issued by the state board of education.
(5) A teacher, other than a student's teacher of record, may provide any services required under this section, so long as that other teacher meets the requirements of division (H) of this section and the teacher of record and the school principal agree to the assignment. Any such assignment shall be documented in the student's reading improvement and monitoring plan.
As used in this division, "teacher of record" means the classroom teacher to whom a student is assigned.
(I) Notwithstanding division (H) of this section, a teacher may teach reading to any student who is an English language learner, and has been in the United States for three years or less, or to a student who has an individualized education program developed under Chapter 3323. of the Revised Code if that teacher holds an alternative credential approved by the department or has successfully completed training that is based on principles of scientifically research-based reading instruction that has been approved by the department. Beginning on July 1, 2014, the alternative credentials and training described in this division shall be aligned with the reading competencies adopted by the state board of education under section 3301.077 of the Revised Code.
(J) If, on or after June 4, 2013, a school district or community school cannot furnish the number of teachers needed who satisfy one or more of the criteria set forth in division (H) of this section for the 2013-2014 school year, the school district or community school shall develop and submit a staffing plan by June 30, 2013. The staffing plan shall include criteria that will be used to assign a student described in division (B)(3) or (C) of this section to a teacher, credentials or training held by teachers currently teaching at the school, and how the school district or community school will meet the requirements of this section. The school district or community school shall post the staffing plan on its web site for the applicable school year.
Not later than March 1, 2014, and on the first day of March in each year thereafter, a school district or community school that has submitted a plan under this division shall submit to the department a detailed report of the progress the district or school has made in meeting the requirements under this section.
A school district or community school may request an extension of a staffing plan beyond the 2013-2014 school year. Extension requests must be submitted to the department not later than the thirtieth day of April prior to the start of the applicable school year. The department may grant extensions valid through the 2015-2016 school year.
Until June 30, 2015, the department annually shall review all staffing plans and report to the state board not later than the thirtieth day of June of each year the progress of school districts and community schools in meeting the requirements of this section.
(K) The department of education shall designate one or more staff members to provide guidance and assistance to school districts and community schools in implementing the third grade guarantee established by this section, including any standards or requirements adopted to implement the guarantee and to provide information and support for reading instruction and achievement.
Sec.
3313.6017.
Nothing in
this
act
Am. Sub. S.B. 165 of the
129th general assembly
shall be construed to limit the ability
of a school district or public or nonpublic school to offer
academic content based on the standards adopted under division
(A)(1)(b)
of
section 3301.079 of the Revised Code and the
academic content required under division (M) of section 3313.603
of the Revised Code through summer school, online, or any
other method of education offered by the district or school.
Sec. 3313.6020. (A)(1) Beginning in the 2015-2016 school year, the board of education of each city, local, exempted village, and joint vocational school district shall adopt a policy on career advising that complies with this section. Thereafter, the policy shall be updated at least once every two years.
(2) The board shall make the policy publicly available to students, parents, guardians, or custodians, local post-secondary institutions, and residents of the district. The district shall post the policy in a prominent location on its web site, if it has one.
(B) The policy on career advising shall specify how the district will do all of the following:
(1)
Provide students with grade-level examples that link their schoolwork
to one or more career fields. A
district may use career connections developed under division
(B)(2) of section 3301.079 of the Revised Code for this purpose.
(2) Create a plan to provide career advising to students in grades six through twelve;
(3) Beginning in the 2015-2016 school year, provide additional interventions and career advising for students who are identified as at risk of dropping out of school in accordance with division (C) of this section;
(4) Train its employees on how to advise students on career pathways, including training on advising students using online tools;
(5) Develop multiple, clear academic pathways through high school that students may choose in order to earn a high school diploma;
(6) Identify and publicize courses that can award students both traditional academic and career-technical credit;
(7) Document the career advising provided to each student for review by the student, the student's parent, guardian, or custodian, and future schools that the student may attend. A district shall not otherwise release this information without the written consent of the student's parent, guardian, or custodian, if the student is less than eighteen years old, or the written consent of the student, if the student is at least eighteen years old.
(8) Prepare students for their transition from high school to their post-secondary destinations, including any special interventions that are necessary for students in need of remediation in mathematics or English language arts.
(C)(1) Beginning in the 2015-2016 school year, each district shall identify students who are at risk of dropping out of school using a method that is both research-based and locally-based and that is developed with input from the district's classroom teachers and guidance counselors. If a student is identified as at risk of dropping out of school, the district shall develop a student success plan that addresses the student's academic pathway to a successful graduation and the role of career-technical education, competency-based education, and experiential learning, as appropriate, in that pathway.
(2) Prior to developing a student success plan for a student, the district shall invite the student's parent, guardian, or custodian to assist in developing the plan. Once the plan is developed, the district shall provide the student's parent, guardian, or custodian with a copy of the plan. If the student's parent, guardian, or custodian does not participate in the development of the plan, the district shall provide to the parent, guardian, or custodian a copy of the student's success plan and a statement of the importance of a high school diploma and the academic pathways available to the student in order to successfully graduate. The district shall permit a student to change the career pathway specified in the plan at the student's request.
(3) Following the development of a student success plan for a student, the district shall provide career advising to the student that is aligned with the plan and, beginning in the 2015-2016 school year, the district's plan to provide career advising created under division (B)(2) of this section.
(D)(1) Not later than December 1, 2014, the department of education shall develop and post on its web site model policies on career advising and model student success plans.
(2) Not later than July 1, 2015, the department shall create an online clearinghouse of research related to proven practices for policies on career advising and student success plans that districts may access when fulfilling the requirements of this section.
Sec. 3313.61. (A) A diploma shall be granted by the board of education of any city, exempted village, or local school district that operates a high school to any person to whom all of the following apply:
(1) The person has successfully completed the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code, or has qualified under division (D) or (F) of section 3313.603 of the Revised Code, provided that no school district shall require a student to remain in school for any specific number of semesters or other terms if the student completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the person has met the assessment requirements of division (A)(2)(a) or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to July 1, 2014, the person either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division unless the person was excused from taking any such assessment pursuant to section 3313.532 of the Revised Code or unless division (H) or (L) of this section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed by section 3313.618 of the Revised Code, except to the extent that the person is excused from an assessment prescribed by that section pursuant to section 3313.532 of the Revised Code or division (H) or (L) of this section.
(3) The person is not eligible to receive an honors diploma granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of this section, no diploma shall be granted under this division to anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this section, an honors diploma shall be granted, in accordance with rules of the state board, by any such district board to anyone who accomplishes all of the following:
(1) Successfully completes the curriculum in any high school or the individualized education program developed for the person by any high school pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met the assessment requirements of division (B)(2)(a) or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to July 1, 2014, the person either:
(i) Has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed under section 3313.618 of the Revised Code.
(3) Has met additional criteria established by the state board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is subject to the requirements prescribed in division (C) of section 3313.603 of the Revised Code but elects the option of division (D) or (F) of that section. Except as provided in divisions (C), (E), and (J) of this section, no honors diploma shall be granted to anyone failing to comply with this division and no more than one honors diploma shall be granted to any student under this division.
The state board shall adopt rules prescribing the granting of honors diplomas under this division. These rules may prescribe the granting of honors diplomas that recognize a student's achievement as a whole or that recognize a student's achievement in one or more specific subjects or both. The rules may prescribe the granting of an honors diploma recognizing technical expertise for a career-technical student. In any case, the rules shall designate two or more criteria for the granting of each type of honors diploma the board establishes under this division and the number of such criteria that must be met for the granting of that type of diploma. The number of such criteria for any type of honors diploma shall be at least one less than the total number of criteria designated for that type and no one or more particular criteria shall be required of all persons who are to be granted that type of diploma.
(C) Any district board administering any of the assessments required by section 3301.0710 of the Revised Code to any person requesting to take such assessment pursuant to division (B)(8)(b) of section 3301.0711 of the Revised Code shall award a diploma to such person if the person attains at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments administered and if the person has previously attained the applicable scores on all the other assessments required by division (B)(1) of that section or has been exempted or excused from attaining the applicable score on any such assessment pursuant to division (H) or (L) of this section or from taking any such assessment pursuant to section 3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed by the president and treasurer of the issuing board, the superintendent of schools, and the principal of the high school. Each diploma shall bear the date of its issue, be in such form as the district board prescribes, and be paid for out of the district's general fund.
(E) A person who is a resident of Ohio and is eligible under state board of education minimum standards to receive a high school diploma based in whole or in part on credits earned while an inmate of a correctional institution operated by the state or any political subdivision thereof, shall be granted such diploma by the correctional institution operating the programs in which such credits were earned, and by the board of education of the school district in which the inmate resided immediately prior to the inmate's placement in the institution. The diploma granted by the correctional institution shall be signed by the director of the institution, and by the person serving as principal of the institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates of correctional institutions operated by the state or any political subdivision thereof, and who are eligible under state board of education minimum standards to receive a high school diploma based in whole or in part on credits earned while an inmate of the correctional institution, shall be granted a diploma by the correctional institution offering the program in which the credits were earned. The diploma granted by the correctional institution shall be signed by the director of the institution and by the person serving as principal of the institution's high school and shall bear the date of issue.
(G) The state board of education shall provide by rule for the administration of the assessments required by sections 3301.0710 and 3301.0712 of the Revised Code to inmates of correctional institutions.
(H)
Any person to whom all of the following apply shall be exempted
from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section 3301.0710
of the Revised Code,
any American history end-of-course
examination and any American government end-of-course examination
required under division (B) of section 3301.0712 of the
Revised Code if such an exemption is prescribed by rule of the
state board under division (D)(3) of section 3301.0712 of the
Revised Code,
or
the test in citizenship designated under former
division (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United States;
(3) The person indicates no intention to reside in the United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, this section and section 3313.611 of the Revised Code do not apply to the board of education of any joint vocational school district or any cooperative education school district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section 3325.08 or division (D) of section 3328.25 of the Revised Code that a student has received a diploma under either section, the board of education receiving the notice may grant a high school diploma under this section to the student, except that such board shall grant the student a diploma if the student meets the graduation requirements that the student would otherwise have had to meet to receive a diploma from the district. The diploma granted under this section shall be of the same type the notice indicates the student received under section 3325.08 or 3328.25 of the Revised Code.
(K) As used in this division, "limited English proficient student" has the same meaning as in division (C)(3) of section 3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not either attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or met the requirement prescribed by section 3313.618 of the Revised Code, shall be awarded a diploma under this section.
(L) Any student described by division (A)(1) of this section may be awarded a diploma without meeting the requirement prescribed by section 3313.618 of the Revised Code provided an individualized education program specifically exempts the student from meeting such requirement. This division does not negate the requirement for a student to take the assessments prescribed by section 3301.0710 or under division (B) of section 3301.0712 of the Revised Code, or alternate assessments required by division (C)(1) of section 3301.0711 of the Revised Code, for the purpose of assessing student progress as required by federal law.
Sec. 3313.612. (A) No nonpublic school chartered by the state board of education shall grant a high school diploma to any person unless, subject to section 3313.614 of the Revised Code, the person has met the assessment requirements of division (A)(1) or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to July 1, 2014, the person has attained at least the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or has satisfied the alternative conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after July 1, 2014, the person has met the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any person with regard to any assessment from which the person was excused pursuant to division (C)(1)(c) of section 3301.0711 of the Revised Code;
(2) Any person who attends a nonpublic school accredited through the independent schools association of the central states, except for a student attending the school under a state scholarship program as defined in section 3301.0711 of the Revised Code.
(3)
Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised
Code,
any American history end-of-course examination and any
American government end-of-course examination required under division
(B) of section 3301.0712 of the Revised Code if such an exemption
is prescribed by rule of the state board of education under
division (D)(3) of section 3301.0712 of the Revised Code,
or
the citizenship test under former division (B) of section 3301.0710
of the Revised Code as it existed prior to September 11,
2001, if all of the following apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United States;
(c) The person indicates no intention to reside in the United States after completion of high school.
(C) As used in this division, "limited English proficient student" has the same meaning as in division (C)(3) of section 3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the Revised Code, no limited English proficient student who has not either attained the applicable scores designated under division (B)(1) of section 3301.0710 of the Revised Code on all the assessments required by that division, or met the requirement prescribed by section 3313.618 or 3313.619 of the Revised Code, shall be awarded a diploma under this section.
(D) The state board shall not impose additional requirements or assessments for the granting of a high school diploma under this section that are not prescribed by this section.
(E)
The department of education shall furnish the assessment
administered by a nonpublic school pursuant to division
(B)(1)
of
section 3301.0712 of the Revised Code,
except that
it shall not expend more funds on a specific assessment for a
chartered nonpublic school than it expends on the same assessment
for a school operated by a school district, community school
established under Chapter 3314. of the Revised Code, STEM school
established under Chapter 3326. of the Revised Code, or
college-preparatory
boarding school established under Chapter 3328.
of the Revised Code.
Sec. 3313.618. (A) In addition to the applicable curriculum requirements, each student entering ninth grade for the first time on or after July 1, 2014, shall satisfy at least one of the following conditions in order to qualify for a high school diploma:
(1) Be remediation-free, in accordance with standards adopted under division (F) of section 3345.061 of the Revised Code, on each of the nationally standardized assessments in English, mathematics, and reading;
(2)
Attain a score specified under
division (B)(5)(c) of section 3301.0712 of the Revised Code by
the state board of education
on
the end-of-course
examinations assessments
prescribed
under division (B) of section 3301.0712 of the Revised Code.;
(3)
Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the state board of education under division (G)
(F)
of
section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential, as described under division (B)(2)(d)
of section 3302.03 of the Revised Code, or a license issued by a
state agency or board for practice in a vocation that requires an
examination for issuance of that license.
The state board shall approve the industry-recognized credentials and licenses that may qualify a student for a high school diploma under division (A)(3) of this section.
A student may choose to qualify for a high school diploma by satisfying any of the separate requirements prescribed by divisions (A)(1) to (3) of this section. If the student's school district or school does not administer the examination prescribed by one of those divisions that the student chooses to take to satisfy the requirements of this section, the school district or school may require that student to arrange for the applicable scores to be sent directly to the district or school by the company or organization that administers the examination.
(B) The state board of education shall not create or require any additional assessment for the granting of any type of high school diploma other than as prescribed by this section. Except as provided in section 3313.6111 of the Revised Code, the state board shall not create any endorsement or designation that may be affiliated with a high school diploma.
Sec. 3314.016. This section applies to any entity that sponsors a community school, regardless of whether section 3314.021 or 3314.027 of the Revised Code exempts the entity from the requirement to be approved for sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code. The office of Ohio school sponsorship established under section 3314.029 of the Revised Code shall be rated under division (B) of this section, but divisions (A) and (C) of this section do not apply to the office.
(A) An entity that sponsors a community school shall be permitted to enter into contracts under section 3314.03 of the Revised Code to sponsor additional community schools only if the entity meets all of the following criteria:
(1) The entity is in compliance with all provisions of this chapter requiring sponsors of community schools to report data or information to the department of education.
(2) The entity is not rated as "ineffective" under division (B)(6) of this section.
(3) Except as set forth in sections 3314.021 and 3314.027 of the Revised Code, the entity has received approval from and entered into an agreement with the department of education pursuant to section 3314.015 of the Revised Code.
(B)(1) Beginning with the 2015-2016 school year, the department shall develop and implement an evaluation system that annually rates and assigns an overall rating to each entity that sponsors a community school based on the following components:
(a) Academic performance of students enrolled in community schools sponsored by the same entity. The academic performance component shall be derived from the performance measures prescribed for the state report cards under section 3302.03 or 3314.017 of the Revised Code, and shall be based on the performance of the schools for the school year for which the evaluation is conducted. In addition to the academic performance for a specific school year, the academic performance component shall also include year-to-year changes in the overall sponsor portfolio. For a community school for which no graded performance measures are applicable or available, the department shall use nonreport card performance measures specified in the contract between the community school and the sponsor under division (A)(4) of section 3314.03 of the Revised Code.
(b) Adherence by a sponsor to the quality practices prescribed by the department under division (B)(3) of this section. For a sponsor that was rated "effective" or "exemplary" on its most recent rating, the department may evaluate that sponsor's adherence to quality practices once over a period of three years. If the department elects to evaluate a sponsor once over a period of three years, the most recent rating for a sponsor's adherence to quality practices shall be used when determining an annual overall rating conducted under this section.
(c) Compliance with all applicable laws and administrative rules by an entity that sponsors a community school.
(2) In calculating an academic performance component, the department shall exclude all community schools that have been in operation for not more than two full school years and all community schools described in division (A)(4)(b) of section 3314.35 of the Revised Code. However, the academic performance of the community schools described in division (A)(4)(b) of section 3314.35 of the Revised Code shall be reported, but shall not be used as a factor when determining a sponsoring entity's rating under this section.
(3) The department, in consultation with entities that sponsor community schools, shall prescribe quality practices for community school sponsors and develop an instrument to measure adherence to those quality practices. The quality practices shall be based on standards developed by the national association of charter school authorizers or any other nationally organized community school organization.
(4)(a) The department may permit peer review of a sponsor's adherence to the quality practices prescribed under division (B)(3) of this section. Peer reviewers shall be limited to individuals employed by sponsors rated "effective" or "exemplary" on the most recent ratings conducted under this section.
(b) The department shall require individuals participating in peer review under division (B)(4)(a) of this section to complete training approved or established by the department.
(c) The department may enter into an agreement with another entity to provide training to individuals conducting peer review of sponsors. Prior to entering into an agreement with an entity, the department shall review and approve of the entity's training program.
(5) Not later than July 1, 2013, the state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing standards for measuring compliance with applicable laws and rules under division (B)(1)(c) of this section.
(6) The department annually shall rate all entities that sponsor community schools as either "exemplary," "effective," "ineffective," or "poor," based on the components prescribed by division (B) of this section, where each component is weighted equally. A separate rating shall be given by the department for each component of the evaluation system.
The department shall publish the ratings between the first day of October and the fifteenth day of October.
The
department shall provide training on an annual basis regarding the
evaluation system prescribed under this section. The training shall,
at a minimum, describe methodology, timelines, and data required for
the evaluation system. The first training session shall occur not
later than
thirty days after the effective date of this section
March 2, 2016.
(7)(a) Entities with an overall rating of "exemplary" for at least two consecutive years may take advantage of the following incentives:
(i) Renewal of the written agreement with the department, not to exceed ten years, provided that the entity consents to continued evaluation of adherence to quality practices as described in division (B)(1)(b) of this section;
(ii) The ability to extend the term of the contract between the sponsoring entity and the community school beyond the term described in the written agreement with the department;
(iii) An exemption from the preliminary agreement and contract adoption and execution deadline requirements prescribed in division (D) of section 3314.02 of the Revised Code;
(iv) An exemption from the automatic contract expiration requirement, should a new community school fail to open by the thirtieth day of September of the calendar year in which the community school contract is executed;
(v) No limit on the number of community schools the entity may sponsor;
(vi) No territorial restrictions on sponsorship.
An entity may continue to sponsor any community schools with which it entered into agreements under division (B)(7)(a)(v) or (vi) of this section while rated "exemplary," notwithstanding the fact that the entity later receives a lower overall rating.
(b)(i)
Beginning
with the 2019-2020 school year:
(i) Entities that receive an overall rating of "ineffective" shall be prohibited from sponsoring any new or additional community schools during the time in which the sponsor is rated as "ineffective" and shall be subject to a quality improvement plan based on correcting the deficiencies that led to the "ineffective" rating, with timelines and benchmarks that have been established by the department.
(ii) Entities that receive an overall rating of "ineffective" on their three most recent ratings shall have all sponsorship authority revoked. Within thirty days after receiving its third rating of "ineffective," the entity may appeal the revocation of its sponsorship authority to the superintendent of public instruction, who shall appoint an independent hearing officer to conduct a hearing in accordance with Chapter 119. of the Revised Code. The hearing shall be conducted within thirty days after receipt of the notice of appeal. Within forty-five days after the hearing is completed, the state board of education shall determine whether the revocation is appropriate based on the hearing conducted by the independent hearing officer, and if determined appropriate, the revocation shall be confirmed.
(c)
Entities
Beginning
with the 2019-2020 school year, entities
that
receive an overall rating of "poor" shall have all
sponsorship authority revoked. Within thirty days after receiving a
rating of "poor," the entity may appeal the revocation of
its sponsorship authority to the superintendent of public
instruction, who shall appoint an independent hearing officer to
conduct a hearing in accordance with Chapter 119. of the Revised
Code. The hearing shall be conducted within thirty days after receipt
of the notice of appeal. Within forty-five days after the hearing is
completed, the state board of education shall determine whether the
revocation is appropriate based on the hearing conducted by the
independent hearing officer, and if determined appropriate, the
revocation shall be confirmed.
(8) For the 2014-2015 school year and each school year thereafter, student academic performance prescribed under division (B)(1)(a) of this section shall include student academic performance data from community schools that primarily serve students enrolled in a dropout prevention and recovery program.
(9) Notwithstanding anything in the Revised Code to the contrary, for the 2016-2017, 2017-2018, and 2018-2019 school years, the department of education shall not use the academic performance component prescribed under division (B)(1)(a) of this section when calculating the overall rating of a community school sponsor under this section.
(C) If the governing authority of a community school enters into a contract with a sponsor prior to the date on which the sponsor is prohibited from sponsoring additional schools under division (A) of this section and the school has not opened for operation as of that date, that contract shall be void and the school shall not open until the governing authority secures a new sponsor by entering into a contract with the new sponsor under section 3314.03 of the Revised Code. However, the department's office of Ohio school sponsorship, established under section 3314.029 of the Revised Code, may assume the sponsorship of the school until the earlier of the expiration of two school years or until a new sponsor is secured by the school's governing authority. A community school sponsored by the department under this division shall not be included when calculating the maximum number of directly authorized community schools permitted under division (A)(3) of section 3314.029 of the Revised Code.
(D) When an entity's authority to sponsor schools is revoked pursuant to division (B)(7)(b) or (c) of this section, the office of Ohio school sponsorship shall assume sponsorship of any schools with which the original sponsor has contracted for the remainder of that school year. The office may continue sponsoring those schools until the earlier of:
(1) The expiration of two school years from the time that sponsorship is revoked;
(2) When a new sponsor is secured by the governing authority pursuant to division (C)(1) of section 3314.02 of the Revised Code.
Any community school sponsored under this division shall not be counted for purposes of directly authorized community schools under division (A)(3) of section 3314.029 of the Revised Code.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means the board of education of a school district or the governing board of an educational service center that agrees to the conversion of all or part of a school or building under division (B) of this section, or an entity listed in division (C)(1) of this section, which has been approved by the department of education to sponsor community schools or is exempted by section 3314.021 or 3314.027 of the Revised Code from obtaining approval, and with which the governing authority of a community school enters into a contract under section 3314.03 of the Revised Code.
(2) "Pilot project area" means the school districts included in the territory of the former community school pilot project established by former Section 50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that meets one of the following conditions:
(i) On March 22, 2013, the district was in a state of academic emergency or in a state of academic watch under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013;
(ii)
For two of the 2012-2013, 2013-2014, 2014-2015, and
2015-2016,
2016-2017, 2017-2018, and 2018-2019
school years, the district received a grade of "D" or "F"
for the performance index score and a grade of "F" for the
value-added progress dimension under section 3302.03 of the Revised
Code;
(iii)
For the 2016-2017
2019-2020
school
year and for any school year thereafter, the district has received an
overall grade of "D" or "F" under division (C)(3)
of section 3302.03 of the Revised Code, or, for at least two of the
three most recent school years, the district received a grade of "F"
for the value-added progress dimension under division (C)(1)(e) of
that section.
(c) A big eight school district;
(d) A school district ranked in the lowest five per cent of school districts according to performance index score under section 3302.21 of the Revised Code.
(4) "Big eight school district" means a school district that for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and participating in the predecessor of Ohio works first greater than thirty per cent, as reported pursuant to section 3317.10 of the Revised Code;
(b) An average daily membership greater than twelve thousand, as reported pursuant to former division (A) of section 3317.03 of the Revised Code.
(5) "New start-up school" means a community school other than one created by converting all or part of an existing public school or educational service center building, as designated in the school's contract pursuant to division (A)(17) of section 3314.03 of the Revised Code.
(6) "Urban school district" means one of the state's twenty-one urban school districts as defined in division (O) of section 3317.02 of the Revised Code as that section existed prior to July 1, 1998.
(7) "Internet- or computer-based community school" means a community school established under this chapter in which the enrolled students work primarily from their residences on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities unless a student receives career-technical education under section 3314.086 of the Revised Code.
A community school that operates mainly as an internet- or computer-based community school and provides career-technical education under section 3314.086 of the Revised Code shall be considered an internet- or computer-based community school, even if it provides some classroom-based instruction, so long as it provides instruction via the methods described in this division.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily operations of a community school pursuant to a contract between the operator and the school's governing authority;
(b) A nonprofit organization that provides programmatic oversight and support to a community school under a contract with the school's governing authority and that retains the right to terminate its affiliation with the school if the school fails to meet the organization's quality standards.
(9) "Alliance municipal school district" has the same meaning as in section 3311.86 of the Revised Code.
(B)(1) Any person or group of individuals may initially propose under this division the conversion of all or a portion of a public school to a community school. The proposal shall be made to the board of education of the city, local, exempted village, or joint vocational school district in which the public school is proposed to be converted.
(2) Any person or group of individuals may initially propose under this division the conversion of all or a portion of a building operated by an educational service center to a community school. The proposal shall be made to the governing board of the service center.
On or after July 1, 2017, except as provided in section 3314.027 of the Revised Code, any educational service center that sponsors a community school shall be approved by and enter into a written agreement with the department as described in section 3314.015 of the Revised Code.
(3) Upon receipt of a proposal, and after an agreement has been entered into pursuant to section 3314.015 of the Revised Code, a board may enter into a preliminary agreement with the person or group proposing the conversion of the public school or service center building, indicating the intention of the board to support the conversion to a community school. A proposing person or group that has a preliminary agreement under this division may proceed to finalize plans for the school, establish a governing authority for the school, and negotiate a contract with the board. Provided the proposing person or group adheres to the preliminary agreement and all provisions of this chapter, the board shall negotiate in good faith to enter into a contract in accordance with section 3314.03 of the Revised Code and division (C) of this section.
(4) The sponsor of a conversion community school proposed to open in an alliance municipal school district shall be subject to approval by the department of education for sponsorship of that school using the criteria established under division (A) of section 3311.87 of the Revised Code.
Division (B)(4) of this section does not apply to a sponsor that, on or before September 29, 2015, was exempted under section 3314.021 or 3314.027 of the Revised Code from the requirement to be approved for sponsorship under divisions (A)(2) and (B)(1) of section 3314.015 of the Revised Code.
(C)(1) Any person or group of individuals may propose under this division the establishment of a new start-up school to be located in a challenged school district. The proposal may be made to any of the following entities:
(a) The board of education of the district in which the school is proposed to be located;
(b) The board of education of any joint vocational school district with territory in the county in which is located the majority of the territory of the district in which the school is proposed to be located;
(c) The board of education of any other city, local, or exempted village school district having territory in the same county where the district in which the school is proposed to be located has the major portion of its territory;
(d) The governing board of any educational service center, regardless of the location of the proposed school, may sponsor a new start-up school in any challenged school district in the state if all of the following are satisfied:
(i) If applicable, it satisfies the requirements of division (E) of section 3311.86 of the Revised Code;
(ii) It is approved to do so by the department;
(iii) It enters into an agreement with the department under section 3314.015 of the Revised Code.
(e) A sponsoring authority designated by the board of trustees of any of the thirteen state universities listed in section 3345.011 of the Revised Code or the board of trustees itself as long as a mission of the proposed school to be specified in the contract under division (A)(2) of section 3314.03 of the Revised Code and as approved by the department under division (B)(3) of section 3314.015 of the Revised Code will be the practical demonstration of teaching methods, educational technology, or other teaching practices that are included in the curriculum of the university's teacher preparation program approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3) of the Internal Revenue Code as long as all of the following conditions are satisfied:
(i) The entity has been in operation for at least five years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand dollars and a demonstrated record of financial responsibility.
(iii) The department has determined that the entity is an education-oriented entity under division (B)(4) of section 3314.015 of the Revised Code and the entity has a demonstrated record of successful implementation of educational programs.
(iv) The entity is not a community school.
(g) The mayor of a city in which the majority of the territory of a school district to which section 3311.60 of the Revised Code applies is located, regardless of whether that district has created the position of independent auditor as prescribed by that section. The mayor's sponsorship authority under this division is limited to community schools that are located in that school district. Such mayor may sponsor community schools only with the approval of the city council of that city, after establishing standards with which community schools sponsored by the mayor must comply, and after entering into a sponsor agreement with the department as prescribed under section 3314.015 of the Revised Code. The mayor shall establish the standards for community schools sponsored by the mayor not later than one hundred eighty days after July 15, 2013, and shall submit them to the department upon their establishment. The department shall approve the mayor to sponsor community schools in the district, upon receipt of an application by the mayor to do so. Not later than ninety days after the department's approval of the mayor as a community school sponsor, the department shall enter into the sponsor agreement with the mayor.
Any entity described in division (C)(1) of this section may enter into a preliminary agreement pursuant to division (C)(2) of this section with the proposing person or group, provided that entity has been approved by and entered into a written agreement with the department pursuant to section 3314.015 of the Revised Code.
(2) A preliminary agreement indicates the intention of an entity described in division (C)(1) of this section to sponsor the community school. A proposing person or group that has such a preliminary agreement may proceed to finalize plans for the school, establish a governing authority as described in division (E) of this section for the school, and negotiate a contract with the entity. Provided the proposing person or group adheres to the preliminary agreement and all provisions of this chapter, the entity shall negotiate in good faith to enter into a contract in accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school district described in either division (A)(3)(b) or (d) of this section may continue in existence once the school district no longer meets the conditions described in either division, provided there is a valid contract between the school and a sponsor.
(4) A copy of every preliminary agreement entered into under this division shall be filed with the superintendent of public instruction.
(D) A majority vote of the board of a sponsoring entity and a majority vote of the members of the governing authority of a community school shall be required to adopt a contract and convert the public school or educational service center building to a community school or establish the new start-up school. Beginning September 29, 2005, adoption of the contract shall occur not later than the fifteenth day of March, and signing of the contract shall occur not later than the fifteenth day of May, prior to the school year in which the school will open. The governing authority shall notify the department of education when the contract has been signed. Subject to sections 3314.013 and 3314.016 of the Revised Code, an unlimited number of community schools may be established in any school district provided that a contract is entered into for each community school pursuant to this chapter.
(E)(1) As used in this division, "immediate relatives" are limited to spouses, children, parents, grandparents, and siblings, as well as in-laws residing in the same household as the person serving on the governing authority.
Each new start-up community school established under this chapter shall be under the direction of a governing authority which shall consist of a board of not less than five individuals.
(2)(a) No person shall serve on the governing authority or operate the community school under contract with the governing authority under any of the following circumstances:
(i) The person owes the state any money or is in a dispute over whether the person owes the state any money concerning the operation of a community school that has closed.
(ii) The person would otherwise be subject to division (B) of section 3319.31 of the Revised Code with respect to refusal, limitation, or revocation of a license to teach, if the person were a licensed educator.
(iii) The person has pleaded guilty to or been convicted of theft in office under section 2921.41 of the Revised Code, or has pleaded guilty to or been convicted of a substantially similar offense in another state.
(b) No person shall serve on the governing authority or engage in the financial day-to-day management of the community school under contract with the governing authority unless and until that person has submitted to a criminal records check in the manner prescribed by section 3319.39 of the Revised Code.
(c) Each sponsor of a community school shall annually verify that a finding for recovery has not been issued by the auditor of state against any individual or individuals who propose to create a community school or any member of the governing authority, the operator, or any employee of each community school.
(3) No person shall serve on the governing authorities of more than five start-up community schools at the same time.
(4)(a) For a community school established under this chapter that is not sponsored by a school district or an educational service center, no present or former member, or immediate relative of a present or former member, of the governing authority shall be an owner, employee, or consultant of the community school's sponsor or operator, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority.
(b) For a community school established under this chapter that is sponsored by a school district or an educational service center, no present or former member, or immediate relative of a present or former member, of the governing authority shall:
(i) Be an officer of the district board or service center governing board that serves as the community school's sponsor, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority;
(ii) Serve as an employee of, or a consultant for, the department, division, or section of the sponsoring district or service center that is directly responsible for sponsoring community schools, or have supervisory authority over such a department, division, or section, unless at least one year has elapsed since the conclusion of the person's membership on the governing authority.
(5) The governing authority of a start-up or conversion community school may provide by resolution for the compensation of its members. However, no individual who serves on the governing authority of a start-up or conversion community school shall be compensated more than one hundred twenty-five dollars per meeting of that governing authority and no such individual shall be compensated more than a total amount of five thousand dollars per year for all governing authorities upon which the individual serves. Each member of the governing authority may be paid compensation for attendance at an approved training program, provided that such compensation shall not exceed sixty dollars a day for attendance at a training program three hours or less in length and one hundred twenty-five dollars a day for attendance at a training program longer than three hours in length.
(6) No person who is the employee of a school district or educational service center shall serve on the governing authority of any community school sponsored by that school district or service center.
(7) Each member of the governing authority of a community school shall annually file a disclosure statement setting forth the names of any immediate relatives or business associates employed by any of the following within the previous three years:
(a) The sponsor or operator of that community school;
(b) A school district or educational service center that has contracted with that community school;
(c) A vendor that is or has engaged in business with that community school.
(8) No person who is a member of a school district board of education shall serve on the governing authority of any community school.
(F)(1) A new start-up school that is established prior to August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after that date and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after that date, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after that date.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that is not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed, but no additional start-up community school may be established in that district unless the district is a challenged school district.
(3) Any educational service center that, on June 30, 2007, sponsors a community school that is not located in a county within the territory of the service center or in a county contiguous to such county may continue to sponsor that community school on and after June 30, 2007, and may renew its contract with the school. However, the educational service center shall not enter into a contract with any additional community school, unless the governing board of the service center has entered into an agreement with the department authorizing the service center to sponsor a community school in any challenged school district in the state.
Sec. 3314.05. (A) The contract between the community school and the sponsor shall specify the facilities to be used for the community school and the method of acquisition. Except as provided in divisions (B)(3) and (4) of this section, no community school shall be established in more than one school district under the same contract.
(B) Division (B) of this section shall not apply to internet- or computer-based community schools.
(1) A community school may be located in multiple facilities under the same contract only if the limitations on availability of space prohibit serving all the grade levels specified in the contract in a single facility or division (B)(2), (3), or (4) of this section applies to the school. The school shall not offer the same grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities under the same contract and, notwithstanding division (B)(1) of this section, may assign students in the same grade level to multiple facilities, as long as all of the following apply:
(a) The governing authority has entered into and maintains a contract with an operator of the type described in division (A)(8)(b) of section 3314.02 of the Revised Code.
(b) The contract with that operator qualified the school to be established pursuant to division (A) of former section 3314.016 of the Revised Code.
(c) The school's rating under section 3302.03 of the Revised Code does not fall below a combination of any of the following for two or more consecutive years:
(i) A rating of "in need of continuous improvement" under section 3302.03 of the Revised Code, as that section existed prior to March 22, 2013;
(ii)
For the 2012-2013, 2013-2014, 2014-2015, and
2015-2016,
2016-2017, 2017-2018, and 2018-2019
school years, a rating of "C" for both the performance
index score under division (A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
and the value-added dimension under division (A)(1)(e)
or ,
(B)(1)(e),
or (C)(1)(e)
of section 3302.03 of the Revised Code; or if the building serves
only grades ten through twelve, the building received a grade of "C"
for the performance index score under division (A)(1)(b)
or ,
(B)(1)(b),
or (C)(1)(b)
of section 3302.03 of the Revised Code;
(iii)
For the 2016-2017
2019-2020
school
year and for any school year thereafter, an overall grade of "C"
under division (C)(3) of section 3302.03 of the Revised Code or an
overall performance designation of "meets standards" under
division (E)(3)(e) of section 3314.017 of the Revised Code.
(3) A new start-up community school may be established in two school districts under the same contract if all of the following apply:
(a) At least one of the school districts in which the school is established is a challenged school district;
(b) The school operates not more than one facility in each school district and, in accordance with division (B)(1) of this section, the school does not offer the same grade level classrooms in both facilities; and
(c) Transportation between the two facilities does not require more than thirty minutes of direct travel time as measured by school bus.
In the case of a community school to which division (B)(3) of this section applies, if only one of the school districts in which the school is established is a challenged school district, that district shall be considered the school's primary location and the district in which the school is located for the purposes of division (A)(19) of section 3314.03 and divisions (C) and (H) of section 3314.06 of the Revised Code and for all other purposes of this chapter. If both of the school districts in which the school is established are challenged school districts, the school's governing authority shall designate one of those districts to be considered the school's primary location and the district in which the school is located for the purposes of those divisions and all other purposes of this chapter and shall notify the department of education of that designation.
(4) A community school may be located in multiple facilities under the same contract and, notwithstanding division (B)(1) of this section, may assign students in the same grade level to multiple facilities, as long as both of the following apply:
(a) The facilities are all located in the same county.
(b) Either of the following conditions are satisfied:
(i) The community school is sponsored by a board of education of a city, local, or exempted village school district having territory in the same county where the facilities of the community school are located;
(ii) The community school is managed by an operator.
In the case of a community school to which division (B)(4) of this section applies and that maintains facilities in more than one school district, the school's governing authority shall designate one of those districts to be considered the school's primary location and the district in which the school is located for the purposes of division (A)(19) of section 3314.03 and divisions (C) and (H) of section 3314.06 of the Revised Code and for all other purposes of this chapter and shall notify the department of that designation.
(5) Any facility used for a community school shall meet all health and safety standards established by law for school buildings.
(C) In the case where a community school is proposed to be located in a facility owned by a school district or educational service center, the facility may not be used for such community school unless the district or service center board owning the facility enters into an agreement for the community school to utilize the facility. Use of the facility may be under any terms and conditions agreed to by the district or service center board and the school.
(D) Two or more separate community schools may be located in the same facility.
(E) In the case of a community school that is located in multiple facilities, beginning July 1, 2012, the department shall assign a unique identification number to the school and to each facility maintained by the school. Each number shall be used for identification purposes only. Nothing in this division shall be construed to require the department to calculate the amount of funds paid under this chapter, or to compute any data required for the report cards issued under section 3314.012 of the Revised Code, for each facility separately. The department shall make all such calculations or computations for the school as a whole.
Sec. 3314.08. (A) As used in this section:
(1)(a) "Category one career-technical education student" means a student who is receiving the career-technical education services described in division (A) of section 3317.014 of the Revised Code.
(b) "Category two career-technical student" means a student who is receiving the career-technical education services described in division (B) of section 3317.014 of the Revised Code.
(c) "Category three career-technical student" means a student who is receiving the career-technical education services described in division (C) of section 3317.014 of the Revised Code.
(d) "Category four career-technical student" means a student who is receiving the career-technical education services described in division (D) of section 3317.014 of the Revised Code.
(e) "Category five career-technical education student" means a student who is receiving the career-technical education services described in division (E) of section 3317.014 of the Revised Code.
(2)(a) "Category one limited English proficient student" means a limited English proficient student described in division (A) of section 3317.016 of the Revised Code.
(b) "Category two limited English proficient student" means a limited English proficient student described in division (B) of section 3317.016 of the Revised Code.
(c) "Category three limited English proficient student" means a limited English proficient student described in division (C) of section 3317.016 of the Revised Code.
(3)(a) "Category one special education student" means a student who is receiving special education services for a disability specified in division (A) of section 3317.013 of the Revised Code.
(b) "Category two special education student" means a student who is receiving special education services for a disability specified in division (B) of section 3317.013 of the Revised Code.
(c) "Category three special education student" means a student who is receiving special education services for a disability specified in division (C) of section 3317.013 of the Revised Code.
(d) "Category four special education student" means a student who is receiving special education services for a disability specified in division (D) of section 3317.013 of the Revised Code.
(e) "Category five special education student" means a student who is receiving special education services for a disability specified in division (E) of section 3317.013 of the Revised Code.
(f) "Category six special education student" means a student who is receiving special education services for a disability specified in division (F) of section 3317.013 of the Revised Code.
(4) "Formula amount" has the same meaning as in section 3317.02 of the Revised Code.
(5) "IEP" has the same meaning as in section 3323.01 of the Revised Code.
(6) "Resident district" means the school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(7) "State education aid" has the same meaning as in section 5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring both of the following:
(1) The board of education of each city, exempted village, and local school district to annually report the number of students entitled to attend school in the district who are enrolled in each grade kindergarten through twelve in a community school established under this chapter, and for each child, the community school in which the child is enrolled.
(2) The governing authority of each community school established under this chapter to annually report all of the following:
(a) The number of students enrolled in grades one through twelve and the full-time equivalent number of students enrolled in kindergarten in the school who are not receiving special education and related services pursuant to an IEP;
(b) The number of enrolled students in grades one through twelve and the full-time equivalent number of enrolled students in kindergarten, who are receiving special education and related services pursuant to an IEP;
(c) The number of students reported under division (B)(2)(b) of this section receiving special education and related services pursuant to an IEP for a disability described in each of divisions (A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported under divisions (B)(2)(a) and (b) of this section who are enrolled in career-technical education programs or classes described in each of divisions (A) to (E) of section 3317.014 of the Revised Code that are provided by the community school;
(e) The number of students reported under divisions (B)(2)(a) and (b) of this section who are not reported under division (B)(2)(d) of this section but who are enrolled in career-technical education programs or classes described in each of divisions (A) to (E) of section 3317.014 of the Revised Code at a joint vocational school district or another district in the career-technical planning district to which the school is assigned;
(f) The number of students reported under divisions (B)(2)(a) and (b) of this section who are category one to three limited English proficient students described in each of divisions (A) to (C) of section 3317.016 of the Revised Code;
(g) The number of students reported under divisions (B)(2)(a) and (b) who are economically disadvantaged, as defined by the department. A student shall not be categorically excluded from the number reported under division (B)(2)(g) of this section based on anything other than family income.
(h) For each student, the city, exempted village, or local school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(i) The number of students enrolled in a preschool program operated by the school that is licensed by the department of education under sections 3301.52 to 3301.59 of the Revised Code who are not receiving special education and related services pursuant to an IEP.
A school district board and a community school governing authority shall include in their respective reports under division (B) of this section any child admitted in accordance with division (A)(2) of section 3321.01 of the Revised Code.
A governing authority of a community school shall not include in its report under divisions (B)(2)(a) to (h) of this section any student for whom tuition is charged under division (F) of this section.
(C)(1) Except as provided in division (C)(2) of this section, and subject to divisions (C)(3), (4), (5), (6), and (7) of this section, on a full-time equivalency basis, for each student enrolled in a community school established under this chapter, the department of education annually shall deduct from the state education aid of a student's resident district and, if necessary, from the payment made to the district under sections 321.24 and 323.156 of the Revised Code and pay to the community school the sum of the following:
(a) An opportunity grant in an amount equal to the formula amount;
(b) The per pupil amount of targeted assistance funds calculated under division (A) of section 3317.0217 of the Revised Code for the student's resident district, as determined by the department, X 0.25;
(c) Additional state aid for special education and related services provided under Chapter 3323. of the Revised Code as follows:
(i) If the student is a category one special education student, the amount specified in division (A) of section 3317.013 of the Revised Code;
(ii) If the student is a category two special education student, the amount specified in division (B) of section 3317.013 of the Revised Code;
(iii) If the student is a category three special education student, the amount specified in division (C) of section 3317.013 of the Revised Code;
(iv) If the student is a category four special education student, the amount specified in division (D) of section 3317.013 of the Revised Code;
(v) If the student is a category five special education student, the amount specified in division (E) of section 3317.013 of the Revised Code;
(vi) If the student is a category six special education student, the amount specified in division (F) of section 3317.013 of the Revised Code.
(d) If the student is in kindergarten through third grade, an additional amount of $305, in fiscal year 2016, and $320, in fiscal year 2017;
(e) If the student is economically disadvantaged, an additional amount equal to the following:
$272 X the resident district's economically disadvantaged index
(f) Limited English proficiency funds as follows:
(i) If the student is a category one limited English proficient student, the amount specified in division (A) of section 3317.016 of the Revised Code;
(ii) If the student is a category two limited English proficient student, the amount specified in division (B) of section 3317.016 of the Revised Code;
(iii) If the student is a category three limited English proficient student, the amount specified in division (C) of section 3317.016 of the Revised Code.
(g) If the student is reported under division (B)(2)(d) of this section, career-technical education funds as follows:
(i) If the student is a category one career-technical education student, the amount specified in division (A) of section 3317.014 of the Revised Code;
(ii) If the student is a category two career-technical education student, the amount specified in division (B) of section 3317.014 of the Revised Code;
(iii) If the student is a category three career-technical education student, the amount specified in division (C) of section 3317.014 of the Revised Code;
(iv) If the student is a category four career-technical education student, the amount specified in division (D) of section 3317.014 of the Revised Code;
(v) If the student is a category five career-technical education student, the amount specified in division (E) of section 3317.014 of the Revised Code.
Deduction and payment of funds under division (C)(1)(g) of this section is subject to approval by the lead district of a career-technical planning district or the department of education under section 3317.161 of the Revised Code.
(2) When deducting from the state education aid of a student's resident district for students enrolled in an internet- or computer-based community school and making payments to such school under this section, the department shall make the deductions and payments described in only divisions (C)(1)(a), (c), and (g) of this section.
No deductions or payments shall be made for a student enrolled in such school under division (C)(1)(b), (d), (e), or (f) of this section.
(3)(a) If a community school's costs for a fiscal year for a student receiving special education and related services pursuant to an IEP for a disability described in divisions (B) to (F) of section 3317.013 of the Revised Code exceed the threshold catastrophic cost for serving the student as specified in division (B) of section 3317.0214 of the Revised Code, the school may submit to the superintendent of public instruction documentation, as prescribed by the superintendent, of all its costs for that student. Upon submission of documentation for a student of the type and in the manner prescribed, the department shall pay to the community school an amount equal to the school's costs for the student in excess of the threshold catastrophic costs.
(b) The community school shall report under division (C)(3)(a) of this section, and the department shall pay for, only the costs of educational expenses and the related services provided to the student in accordance with the student's individualized education program. Any legal fees, court costs, or other costs associated with any cause of action relating to the student may not be included in the amount.
(4) In any fiscal year, a community school receiving funds under division (C)(1)(g) of this section shall spend those funds only for the purposes that the department designates as approved for career-technical education expenses. Career-technical education expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school to report data annually so that the department may monitor the school's compliance with the requirements regarding the manner in which funding received under division (C)(1)(g) of this section may be spent.
(5) Notwithstanding anything to the contrary in section 3313.90 of the Revised Code, except as provided in division (C)(9) of this section, all funds received under division (C)(1)(g) of this section shall be spent in the following manner:
(a) At least seventy-five per cent of the funds shall be spent on curriculum development, purchase, and implementation; instructional resources and supplies; industry-based program certification; student assessment, credentialing, and placement; curriculum specific equipment purchases and leases; career-technical student organization fees and expenses; home and agency linkages; work-based learning experiences; professional development; and other costs directly associated with career-technical education programs including development of new programs.
(b) Not more than twenty-five per cent of the funds shall be used for personnel expenditures.
(6) A community school shall spend the funds it receives under division (C)(1)(e) of this section in accordance with section 3317.25 of the Revised Code.
(7) If the sum of the payments computed under divisions (C)(1) and (8)(a) of this section for the students entitled to attend school in a particular school district under sections 3313.64 and 3313.65 of the Revised Code exceeds the sum of that district's state education aid and its payment under sections 321.24 and 323.156 of the Revised Code, the department shall calculate and apply a proration factor to the payments to all community schools under that division for the students entitled to attend school in that district.
(8)(a) Subject to division (C)(7) of this section, the department annually shall pay to each community school, including each internet- or computer-based community school, an amount equal to the following:
(The number of students reported by the community school under division (B)(2)(e) of this section X the formula amount X .20)
(b) For each payment made to a community school under division (C)(8)(a) of this section, the department shall deduct from the state education aid of each city, local, and exempted village school district and, if necessary, from the payment made to the district under sections 321.24 and 323.156 of the Revised Code an amount equal to the following:
(The number of the district's students reported by the community school under division (B)(2)(e) of this section X the formula amount X .20)
(9) The department may waive the requirement in division (C)(5) of this section for any community school that exclusively provides one or more career-technical workforce development programs in arts and communications that are not equipment-intensive, as determined by the department.
(D) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.
(E) A community school may not levy taxes or issue bonds secured by tax revenues.
(F) No community school shall charge tuition for the enrollment of any student who is a resident of this state. A community school may charge tuition for the enrollment of any student who is not a resident of this state.
(G)(1)(a) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to division (C) of this section. The school may issue notes to evidence such borrowing. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of the Revised Code, the state is not liable for debt incurred by the governing authority of a community school.
(H) The department of education shall adjust the amounts subtracted and paid under division (C) of this section to reflect any enrollment of students in community schools for less than the equivalent of a full school year. The state board of education within ninety days after April 8, 2003, shall adopt in accordance with Chapter 119. of the Revised Code rules governing the payments to community schools under this section including initial payments in a school year and adjustments and reductions made in subsequent periodic payments to community schools and corresponding deductions from school district accounts as provided under division (C) of this section. For purposes of this section:
(1) A student shall be considered enrolled in the community school for any portion of the school year the student is participating at a college under Chapter 3365. of the Revised Code.
(2) A student shall be considered to be enrolled in a community school for the period of time beginning on the later of the date on which the school both has received documentation of the student's enrollment from a parent and the student has commenced participation in learning opportunities as defined in the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. For purposes of applying this division and divisions (H)(3) and (4) of this section to a community school student, "learning opportunities" shall be defined in the contract, which shall describe both classroom-based and non-classroom-based learning opportunities and shall be in compliance with criteria and documentation requirements for student participation which shall be established by the department. Any student's instruction time in non-classroom-based learning opportunities shall be certified by an employee of the community school. A student's enrollment shall be considered to cease on the date on which any of the following occur:
(a) The community school receives documentation from a parent terminating enrollment of the student.
(b) The community school is provided documentation of a student's enrollment in another public or private school.
(c) The community school ceases to offer learning opportunities to the student pursuant to the terms of the contract with the sponsor or the operation of any provision of this chapter.
Except as otherwise specified in this paragraph, beginning in the 2011-2012 school year, any student who completed the prior school year in an internet- or computer-based community school shall be considered to be enrolled in the same school in the subsequent school year until the student's enrollment has ceased as specified in division (H)(2) of this section. The department shall continue subtracting and paying amounts for the student under division (C) of this section without interruption at the start of the subsequent school year. However, if the student without a legitimate excuse fails to participate in the first one hundred five consecutive hours of learning opportunities offered to the student in that subsequent school year, the student shall be considered not to have re-enrolled in the school for that school year and the department shall recalculate the payments to the school for that school year to account for the fact that the student is not enrolled.
(3) The department shall determine each community school student's percentage of full-time equivalency based on the percentage of learning opportunities offered by the community school to that student, reported either as number of hours or number of days, is of the total learning opportunities offered by the community school to a student who attends for the school's entire school year. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive hours. Whether it reports hours or days of learning opportunities, each community school shall offer not less than nine hundred twenty hours of learning opportunities during the school year.
(4) With respect to the calculation of full-time equivalency under division (H)(3) of this section, the department shall waive the number of hours or days of learning opportunities not offered to a student because the community school was closed during the school year due to disease epidemic, hazardous weather conditions, law enforcement emergencies, inoperability of school buses or other equipment necessary to the school's operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use, so long as the school was actually open for instruction with students in attendance during that school year for not less than the minimum number of hours required by this chapter. The department shall treat the school as if it were open for instruction with students in attendance during the hours or days waived under this division.
(I) The department of education shall reduce the amounts paid under this section to reflect payments made to colleges under section 3365.07 of the Revised Code.
(J)(1) No student shall be considered enrolled in any internet- or computer-based community school or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless both of the following conditions are satisfied:
(a) The student possesses or has been provided with all required hardware and software materials and all such materials are operational so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section 3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the superintendent of public instruction and the auditor of state, the department shall reduce the amounts otherwise payable under division (C) of this section to any community school that includes in its program the provision of computer hardware and software materials to any student, if such hardware and software materials have not been delivered, installed, and activated for each such student in a timely manner or other educational materials or services have not been provided according to the contract between the individual community school and its sponsor.
The superintendent of public instruction and the auditor of state shall jointly establish a method for auditing any community school to which this division pertains to ensure compliance with this section.
The superintendent, auditor of state, and the governor shall jointly make recommendations to the general assembly for legislative changes that may be required to assure fiscal and academic accountability for such schools.
(K)(1) If the department determines that a review of a community school's enrollment is necessary, such review shall be completed and written notice of the findings shall be provided to the governing authority of the community school and its sponsor within ninety days of the end of the community school's fiscal year, unless extended for a period not to exceed thirty additional days for one of the following reasons:
(a) The department and the community school mutually agree to the extension.
(b) Delays in data submission caused by either a community school or its sponsor.
(2) If the review results in a finding that additional funding is owed to the school, such payment shall be made within thirty days of the written notice. If the review results in a finding that the community school owes moneys to the state, the following procedure shall apply:
(a) Within ten business days of the receipt of the notice of findings, the community school may appeal the department's determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal hearing on the matter within thirty days of receipt of such an appeal and shall issue a decision within fifteen days of the conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the hearing, the designee shall certify its decision to the board. The board may accept the decision of the designee or may reject the decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is final.
(3) If it is decided that the community school owes moneys to the state, the department shall deduct such amount from the school's future payments in accordance with guidelines issued by the superintendent of public instruction.
(L) The department shall not subtract from a school district's state aid account and shall not pay to a community school under division (C) of this section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3)
Any
student who was enrolled in the community school during
the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not
take one or more of the assessments required by that section and
was not excused pursuant to division (C)(1) or (3) of that section,
unless the superintendent of public instruction grants the
student a waiver from the requirement to take the assessment and
a parent is not paying tuition for the student pursuant to section
3314.26 of the Revised Code. The superintendent may grant
a waiver only for good cause in accordance with rules adopted
by the state board of education.
(4)
Any student who has attained the
age of twenty-two years,
except for veterans of the armed services whose attendance
was interrupted before completing the recognized twelve-year
course of the public schools by reason of induction or
enlistment in the armed forces and who apply for enrollment in
a community school not later than four years after termination
of war or their honorable discharge. If, however, any
such veteran elects to enroll in special courses organized for
veterans for whom tuition is paid under federal law, or otherwise,
the department shall not subtract from a school district's
state aid account and shall not pay to a community school
under division (C) of this section any amount for that veteran.
Sec. 3314.26. This section shall not apply from the effective date of this amendment until July 1, 2019.
(A)
Each internet- or computer-based community school shall
withdraw from the school any student who, for two consecutive
school years, has failed to participate in the spring
administration of any assessment prescribed under section 3301.0710
or 3301.0712 of the Revised Code for the student's grade
level and was not excused from the assessment pursuant to division
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless
of whether a waiver was granted for the student under division
(L)(3)
of
section 3314.08 of the Revised Code. The school
shall report any such student's data verification code, as
assigned pursuant to section 3301.0714 of the Revised Code, to
the department of education. The department shall maintain a list
of all data verification codes reported under this division and
section 3313.6410 of the Revised Code and provide that list to
each internet- or computer-based community school and to each school
to which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall receive any state funds under this chapter for any enrolled student whose data verification code appears on the list maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revised Code to the contrary, the parent of any such student shall pay tuition to the internet- or computer-based community school in an amount equal to the state funds the school otherwise would receive for that student, as determined by the department. An internet- or computer-based community school may withdraw any student for whom the parent does not pay tuition as required by this division.
Sec. 3317.03. (A) The superintendent of each city, local, and exempted village school district shall report to the state board of education as of the last day of October, March, and June of each year the enrollment of students receiving services from schools under the superintendent's supervision, and the numbers of other students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code the superintendent is required to report under this section, so that the department of education can calculate the district's formula ADM, total ADM, category one through five career-technical education ADM, category one through three limited English proficient ADM, category one through six special education ADM, preschool scholarship ADM, transportation ADM, and, for purposes of provisions of law outside of Chapter 3317. of the Revised Code, average daily membership.
(1) The enrollment reported by the superintendent during the reporting period shall consist of the number of students in grades kindergarten through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in another district pursuant to section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code.
When reporting students under division (A)(1) of this section, the superintendent also shall report the district where each student is entitled to attend school pursuant to sections 3313.64 and 3313.65 of the Revised Code.
(2) The department of education shall compile a list of all students reported to be enrolled in a district under division (A)(1) of this section and of the students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code on an FTE basis but receiving educational services in grades kindergarten through twelve from one or more of the following entities:
(a) A community school pursuant to Chapter 3314. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in such community school;
(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code, except when the student is enrolled in the college while also enrolled in a community school pursuant to Chapter 3314., a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(d) An adjacent or other school district under an open enrollment policy adopted pursuant to section 3313.98 of the Revised Code;
(e) An educational service center or cooperative education district;
(f) Another school district under a cooperative education agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code, if the students qualified for the scholarship under section 3310.03 of the Revised Code;
(h) An alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and "registered private provider" have the same meanings as in section 3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under Chapter 3328. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school.
(3) The department also shall compile a list of the students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code who are enrolled in a joint vocational school district or under a career-technical education compact, excluding any students so entitled to attend school in the district who are enrolled in another school district through an open enrollment policy as reported under division (A)(2)(d) of this section and then enroll in a joint vocational school district or under a career-technical education compact.
The department shall provide each city, local, and exempted village school district with an opportunity to review the list of students compiled under divisions (A)(2) and (3) of this section to ensure that the students reported accurately reflect the enrollment of students in the district.
(B) To enable the department of education to obtain the data needed to complete the calculation of payments pursuant to this chapter, each superintendent shall certify from the reports provided by the department under division (A) of this section all of the following:
(1) The total student enrollment in regular learning day classes included in the report under division (A)(1) or (2) of this section for each of the individual grades kindergarten through twelve in schools under the superintendent's supervision;
(2) The unduplicated count of the number of preschool children with disabilities enrolled in the district for whom the district is eligible to receive funding under section 3317.0213 of the Revised Code adjusted for the portion of the year each child is so enrolled, in accordance with the disability categories prescribed in section 3317.013 of the Revised Code;
(3) The number of children entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are:
(a) Participating in a pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised Code, except when the student is enrolled in the college while also enrolled in a community school pursuant to Chapter 3314. of the Revised Code, a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code;
(c) Enrolled in an adjacent or other school district under section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter 3314. of the Revised Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in such community school;
(e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code and who qualified for the scholarship under section 3310.03 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an alternative public provider or a registered private provider with a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county board of developmental disabilities or a state institution;
(j) Enrolled in a science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school established under Chapter 3328. of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(l) Enrolled in an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code.
(4) The total enrollment of pupils in joint vocational schools;
(5) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section receiving special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(6) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section receiving special education services for category two disabilities described in division (B) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(7) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section receiving special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(8) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section receiving special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(9) The combined enrollment of children with disabilities reported under division (A)(1) or (2) of this section receiving special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under sections 3310.51 to 3310.64 of the Revised Code;
(10) The combined enrollment of children with disabilities reported under division (A)(1) or (2) and under division (B)(3)(h) of this section receiving special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code, including children attending a special education program operated by an alternative public provider or a registered private provider with a scholarship awarded under either section 3310.41 or sections 3310.51 to 3310.64 of the Revised Code;
(11) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis in category one career-technical education programs or classes, described in division (A) of section 3317.014 of the Revised Code, operated by the school district or by another district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (G) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(12) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis in category two career-technical education programs or services, described in division (B) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (G) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(13) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis in category three career-technical education programs or services, described in division (C) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (G) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(14) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis in category four career-technical education programs or services, described in division (D) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (G) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(15) The enrollment of pupils reported under division (A)(1) or (2) of this section on a full-time equivalency basis in category five career-technical education programs or services, described in division (E) of section 3317.014 of the Revised Code, operated by the school district or another school district that is a member of the district's career-technical planning district, other than a joint vocational school district, or by an educational service center, notwithstanding division (G) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(16) The enrollment of pupils reported under division (A)(1) or (2) of this section who are limited English proficient students described in division (A) of section 3317.016 of the Revised Code, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school;
(17) The enrollment of pupils reported under division (A)(1) or (2) of this section who are limited English proficient students described in division (B) of section 3317.016 of the Revised Code, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school;
(18) The enrollment of pupils reported under division (A)(1) or (2) of this section who are limited English proficient students described in division (C) of section 3317.016 of the Revised Code, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school;
(19) The average number of children transported during the reporting period by the school district on board-owned or contractor-owned and -operated buses, reported in accordance with rules adopted by the department of education;
(20)(a) The number of children, other than preschool children with disabilities, the district placed with a county board of developmental disabilities in fiscal year 1998. Division (B)(20)(a) of this section does not apply after fiscal year 2013.
(b) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category two disabilities described in division (B) of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than preschool children with disabilities, placed with a county board of developmental disabilities in the current fiscal year to receive special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code.
(21) The enrollment of students who are economically disadvantaged, as defined by the department, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school. A student shall not be categorically excluded from the number reported under division (B)(21) of this section based on anything other than family income.
(C)(1) The state board of education shall adopt rules necessary for implementing divisions (A), (B), and (D) of this section.
(2) A student enrolled in a community school established under Chapter 3314., a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code shall be counted in the formula ADM and, if applicable, the category one, two, three, four, five, or six special education ADM of the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code for the same proportion of the school year that the student is counted in the enrollment of the community school, the science, technology, engineering, and mathematics school, or the college-preparatory boarding school for purposes of section 3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding the enrollment of students certified pursuant to division (B)(3)(d), (e), (j), or (k) of this section, the department may adjust the formula ADM of a school district to account for students entitled to attend school in the district under section 3313.64 or 3313.65 of the Revised Code who are enrolled in a community school, a science, technology, engineering, and mathematics school, or a college-preparatory boarding school for only a portion of the school year.
(3) No child shall be counted as more than a total of one child in the sum of the enrollment of students of a school district under division (A), divisions (B)(1) to (22), or division (D) of this section, except as follows:
(a) A child with a disability described in section 3317.013 of the Revised Code may be counted both in formula ADM and in category one, two, three, four, five, or six special education ADM and, if applicable, in category one, two, three, four, or five career-technical education ADM. As provided in division (G) of section 3317.02 of the Revised Code, such a child shall be counted in category one, two, three, four, five, or six special education ADM in the same proportion that the child is counted in formula ADM.
(b) A child enrolled in career-technical education programs or classes described in section 3317.014 of the Revised Code may be counted both in formula ADM and category one, two, three, four, or five career-technical education ADM and, if applicable, in category one, two, three, four, five, or six special education ADM. Such a child shall be counted in category one, two, three, four, or five career-technical education ADM in the same proportion as the percentage of time that the child spends in the career-technical education programs or classes.
(4) Based on the information reported under this section, the department of education shall determine the total student count, as defined in section 3301.011 of the Revised Code, for each school district.
(D)(1) The superintendent of each joint vocational school district shall report and certify to the superintendent of public instruction as of the last day of October, March, and June of each year the enrollment of students receiving services from schools under the superintendent's supervision so that the department can calculate the district's formula ADM, total ADM, category one through five career-technical education ADM, category one through three limited English proficient ADM, category one through six special education ADM, and for purposes of provisions of law outside of Chapter 3317. of the Revised Code, average daily membership.
The enrollment reported and certified by the superintendent, except as otherwise provided in this division, shall consist of the the number of students in grades six through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a compact, cooperative education agreement, or a contract, but who are entitled to attend school in a city, local, or exempted village school district whose territory is not part of the territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data needed to complete the calculation of payments pursuant to this chapter, each superintendent shall certify from the report provided under division (D)(1) of this section the enrollment for each of the following categories of students:
(a) Students enrolled in each individual grade included in the joint vocational district schools;
(b) Children with disabilities receiving special education services for the category one disability described in division (A) of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education services for the category two disabilities described in division (B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education services for category three disabilities described in division (C) of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education services for category four disabilities described in division (D) of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education services for the category five disabilities described in division (E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education services for category six disabilities described in division (F) of section 3317.013 of the Revised Code;
(h) Students receiving category one career-technical education services, described in division (A) of section 3317.014 of the Revised Code;
(i) Students receiving category two career-technical education services, described in division (B) of section 3317.014 of the Revised Code;
(j) Students receiving category three career-technical education services, described in division (C) of section 3317.014 of the Revised Code;
(k) Students receiving category four career-technical education services, described in division (D) of section 3317.014 of the Revised Code;
(l) Students receiving category five career-technical education services, described in division (E) of section 3317.014 of the Revised Code;
(m) Limited English proficient students described in division (A) of section 3317.016 of the Revised Code;
(n) Limited English proficient students described in division (B) of section 3317.016 of the Revised Code;
(o) Limited English proficient students described in division (C) of section 3317.016 of the Revised Code;
(p) Students who are economically disadvantaged, as defined by the department. A student shall not be categorically excluded from the number reported under division (D)(2)(p) of this section based on anything other than family income.
The superintendent of each joint vocational school district shall also indicate the city, local, or exempted village school district in which each joint vocational district pupil is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code.
(E) In each school of each city, local, exempted village, joint vocational, and cooperative education school district there shall be maintained a record of school enrollment, which record shall accurately show, for each day the school is in session, the actual enrollment in regular day classes. For the purpose of determining the enrollment of students, the enrollment figure of any school shall not include any pupils except those pupils described by division (A) of this section. The record of enrollment for each school shall be maintained in such manner that no pupil shall be counted as enrolled prior to the actual date of entry in the school and also in such manner that where for any cause a pupil permanently withdraws from the school that pupil shall not be counted as enrolled from and after the date of such withdrawal. There shall not be included in the enrollment of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3)
Any
pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not
take one or more of the assessments required by that section and
was not excused pursuant to division (C)(1) or (3) of that section;
(4)
Any
pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance
was interrupted before completing the recognized twelve-year
course of the public schools by reason of induction or
enlistment in the armed forces and who apply for reenrollment in
the public school system of their residence not later than four
years after termination of war or their honorable discharge;
(5)
(4)
Any
pupil who has a certificate of high school equivalence
as defined in section 5107.40 of the Revised Code.
If,
however, any veteran described by division (E)(4)
(3)
of
this section elects to enroll in special courses organized for
veterans for whom tuition is paid under the provisions of federal
laws, or otherwise, that veteran shall not be included in
the enrollment of students determined under this section.
Notwithstanding
division (E)(3) of this section, the enrollment
of any school may include a pupil who did not take an assessment
required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410
of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
The formula ADM, total ADM, category one through five career-technical education ADM, category one through three limited English proficient ADM, category one through six special education ADM, preschool scholarship ADM, transportation ADM, and, for purposes of provisions of law outside of Chapter 3317. of the Revised Code, average daily membership of any school district shall be determined in accordance with rules adopted by the state board of education.
(F)(1) If a student attending a community school under Chapter 3314., a science, technology, engineering, and mathematics school established under Chapter 3326., or a college-preparatory boarding school established under Chapter 3328. of the Revised Code is not included in the formula ADM calculated for the school district in which the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the department of education shall adjust the formula ADM of that school district to include the student in accordance with division (C)(2) of this section, and shall recalculate the school district's payments under this chapter for the entire fiscal year on the basis of that adjusted formula ADM.
(2) If a student awarded an educational choice scholarship is not included in the formula ADM of the school district from which the department deducts funds for the scholarship under section 3310.08 of the Revised Code, the department shall adjust the formula ADM of that school district to include the student to the extent necessary to account for the deduction, and shall recalculate the school district's payments under this chapter for the entire fiscal year on the basis of that adjusted formula ADM.
(3) If a student awarded a scholarship under the Jon Peterson special needs scholarship program is not included in the formula ADM of the school district from which the department deducts funds for the scholarship under section 3310.55 of the Revised Code, the department shall adjust the formula ADM of that school district to include the student to the extent necessary to account for the deduction, and shall recalculate the school district's payments under this chapter for the entire fiscal year on the basis of that adjusted formula ADM.
(G)(1)(a) The superintendent of an institution operating a special education program pursuant to section 3323.091 of the Revised Code shall, for the programs under such superintendent's supervision, certify to the state board of education, in the manner prescribed by the superintendent of public instruction, both of the following:
(i) The unduplicated count of the number of all children with disabilities other than preschool children with disabilities receiving services at the institution for each category of disability described in divisions (A) to (F) of section 3317.013 of the Revised Code adjusted for the portion of the year each child is so enrolled;
(ii) The unduplicated count of the number of all preschool children with disabilities in classes or programs for whom the district is eligible to receive funding under section 3317.0213 of the Revised Code adjusted for the portion of the year each child is so enrolled, reported according to the categories prescribed in section 3317.013 of the Revised Code.
(b) The superintendent of an institution with career-technical education units approved under section 3317.05 of the Revised Code shall, for the units under the superintendent's supervision, certify to the state board of education the enrollment in those units, in the manner prescribed by the superintendent of public instruction.
(2) The superintendent of each county board of developmental disabilities that maintains special education classes under section 3317.20 of the Revised Code or provides services to preschool children with disabilities pursuant to an agreement between the county board and the appropriate school district shall do both of the following:
(a) Certify to the state board, in the manner prescribed by the board, the enrollment in classes under section 3317.20 of the Revised Code for each school district that has placed children in the classes;
(b)
Certify to the state board, in the manner prescribed by
the board, the unduplicated count of the number of all preschool
children with disabilities enrolled in classes for which
the DD
board
is eligible to receive funding under section 3317.0213
of the Revised Code adjusted for the portion of the year
each child is so enrolled, reported according to the categories
prescribed in section 3317.013 of the Revised Code, and
the number of those classes.
(H) Except as provided in division (I) of this section, when any city, local, or exempted village school district provides instruction for a nonresident pupil whose attendance is unauthorized attendance as defined in section 3327.06 of the Revised Code, that pupil's enrollment shall not be included in that district's enrollment figure used in calculating the district's payments under this chapter. The reporting official shall report separately the enrollment of all pupils whose attendance in the district is unauthorized attendance, and the enrollment of each such pupil shall be credited to the school district in which the pupil is entitled to attend school under division (B) of section 3313.64 or section 3313.65 of the Revised Code as determined by the department of education.
(I)(1) A city, local, exempted village, or joint vocational school district admitting a scholarship student of a pilot project district pursuant to division (C) of section 3313.976 of the Revised Code may count such student in its enrollment.
(2) In any year for which funds are appropriated for pilot project scholarship programs, a school district implementing a state-sponsored pilot project scholarship program that year pursuant to sections 3313.974 to 3313.979 of the Revised Code may count in its enrollment:
(a) All children residing in the district and utilizing a scholarship to attend kindergarten in any alternative school, as defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the preceding year who are utilizing a scholarship to attend an alternative school.
(J) The superintendent of each cooperative education school district shall certify to the superintendent of public instruction, in a manner prescribed by the state board of education, the applicable enrollments for all students in the cooperative education district, also indicating the city, local, or exempted village district where each pupil is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(K) If the superintendent of public instruction determines that a component of the enrollment certified or reported by a district superintendent, or other reporting entity, is not correct, the superintendent of public instruction may order that the formula ADM used for the purposes of payments under any section of Title XXXIII of the Revised Code be adjusted in the amount of the error.
Sec. 3319.02. (A)(1) As used in this section, "other administrator" means any of the following:
(a) Except as provided in division (A)(2) of this section, any employee in a position for which a board of education requires a license designated by rule of the department of education for being an administrator issued under section 3319.22 of the Revised Code, including a professional pupil services employee or administrative specialist or an equivalent of either one who is not employed as a school counselor and spends less than fifty per cent of the time employed teaching or working with students;
(b) Any nonlicensed employee whose job duties enable such employee to be considered as either a "supervisor" or a "management level employee," as defined in section 4117.01 of the Revised Code;
(c) A business manager appointed under section 3319.03 of the Revised Code.
(2) As used in this section, "other administrator" does not include a superintendent, assistant superintendent, principal, or assistant principal.
(B) The board of education of each school district and the governing board of an educational service center may appoint one or more assistant superintendents and such other administrators as are necessary. An assistant educational service center superintendent or service center supervisor employed on a part-time basis may also be employed by a local board as a teacher. The board of each city, exempted village, and local school district shall employ principals for all high schools and for such other schools as the board designates, and those boards may appoint assistant principals for any school that they designate.
(C) In educational service centers and in city, exempted village, and local school districts, assistant superintendents, principals, assistant principals, and other administrators shall only be employed or reemployed in accordance with nominations of the superintendent, except that a board of education of a school district or the governing board of a service center, by a three-fourths vote of its full membership, may reemploy any assistant superintendent, principal, assistant principal, or other administrator whom the superintendent refuses to nominate.
The board of education or governing board shall execute a written contract of employment with each assistant superintendent, principal, assistant principal, and other administrator it employs or reemploys. The term of such contract shall not exceed three years except that in the case of a person who has been employed as an assistant superintendent, principal, assistant principal, or other administrator in the district or center for three years or more, the term of the contract shall be for not more than five years and, unless the superintendent of the district recommends otherwise, not less than two years. If the superintendent so recommends, the term of the contract of a person who has been employed by the district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more may be one year, but all subsequent contracts granted such person shall be for a term of not less than two years and not more than five years. When a teacher with continuing service status becomes an assistant superintendent, principal, assistant principal, or other administrator with the district or service center with which the teacher holds continuing service status, the teacher retains such status in the teacher's nonadministrative position as provided in sections 3311.77, 3319.08, and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an assistant superintendent, principal, assistant principal, or other administrator at any regular or special meeting held during the period beginning on the first day of January of the calendar year immediately preceding the year of expiration of the employment contract and ending on the first day of June of the year the employment contract expires.
Except by mutual agreement of the parties thereto, no assistant superintendent, principal, assistant principal, or other administrator shall be transferred during the life of a contract to a position of lesser responsibility. No contract may be terminated by a board except pursuant to section 3319.16 of the Revised Code. No contract may be suspended except pursuant to section 3319.17 or 3319.171 of the Revised Code. The salaries and compensation prescribed by such contracts shall not be reduced by a board unless such reduction is a part of a uniform plan affecting the entire district or center. The contract shall specify the employee's administrative position and duties as included in the job description adopted under division (D) of this section, the salary and other compensation to be paid for performance of duties, the number of days to be worked, the number of days of vacation leave, if any, and any paid holidays in the contractual year.
An assistant superintendent, principal, assistant principal, or other administrator is, at the expiration of the current term of employment, deemed reemployed at the same salary plus any increments that may be authorized by the board, unless such employee notifies the board in writing to the contrary on or before the fifteenth day of June, or unless such board, on or before the first day of June of the year in which the contract of employment expires, either reemploys such employee for a succeeding term or gives written notice of its intention not to reemploy the employee. The term of reemployment of a person reemployed under this paragraph shall be one year, except that if such person has been employed by the school district or service center as an assistant superintendent, principal, assistant principal, or other administrator for three years or more, the term of reemployment shall be two years.
(D)(1)
Each
board shall adopt procedures for the evaluation of all assistant
superintendents, principals, assistant principals, and other
administrators and shall evaluate such employees in accordance with
those procedures. The
procedures for the evaluation of principals and assistant principals
shall be based on principles comparable to the teacher evaluation
policy adopted by the board under section 3319.111 of the Revised
Code, but shall be tailored to the duties and responsibilities of
principals and assistant principals and the environment in which they
work. An evaluation based
upon procedures adopted under this division shall be considered by
the board in deciding whether to renew the contract of employment of
an assistant superintendent, principal, assistant principal, or other
administrator.
(2)
The evaluation shall measure each assistant superintendent's,
principal's, assistant principal's, and other administrator's
effectiveness in performing the duties included in the job
description and the evaluation procedures shall provide for, but not
be limited to, the following:
(a)
Each assistant superintendent, principal, assistant principal, and
other administrator shall be evaluated annually through a written
evaluation process.
(b)
The evaluation shall be conducted by the superintendent or designee.
(c)
In order to provide time to show progress in correcting the
deficiencies identified in the evaluation process, the evaluation
process shall be completed as follows:
(i)
In any school year that the employee's contract of employment is not
due to expire, at least one evaluation shall be completed in that
year. A written copy of the evaluation shall be provided to the
employee no later than the end of the employee's contract year as
defined by the employee's annual salary notice.
(ii)
In any school year that the employee's contract of employment is due
to expire, at least a preliminary evaluation and at least a final
evaluation shall be completed in that year. A written copy of the
preliminary evaluation shall be provided to the employee at least
sixty days prior to any action by the board on the employee's
contract of employment. The final evaluation
shall indicate the superintendent's intended recommendation to the
board regarding a contract of employment for the employee. A written
copy of the evaluation shall be provided to the employee at least
five days prior to the board's acting to renew or not renew the
contract.
(3)
Termination of an assistant superintendent, principal, assistant
principal, or other administrator's contract shall be pursuant to
section 3319.16 of the Revised Code. Suspension of any such employee
shall be pursuant to section 3319.17 or 3319.171 of the Revised Code.
(4)
Before taking action to renew or nonrenew the contract of an
assistant superintendent, principal, assistant principal, or other
administrator under this section and prior to the first day of June
of the year in which such employee's contract expires, the board
shall notify each such employee of the date that the contract expires
and that the employee may request a meeting with the board. Upon
request by such an employee, the board shall grant the employee a
meeting in executive session. In that meeting, the board shall
discuss its reasons for considering renewal or nonrenewal of the
contract. The employee shall be permitted to have a representative,
chosen by the employee, present at the meeting.
(5)
The establishment of an evaluation procedure shall not create an
expectancy of continued employment. Nothing in division (D) of this
section shall prevent a board from making the final determination
regarding the renewal or nonrenewal of the contract of any assistant
superintendent, principal, assistant principal, or other
administrator. However, if a board fails to provide evaluations
pursuant to division (D)(2)(c)(i) or (ii) of this section, or if the
board fails to provide at the request
of the employee a meeting as prescribed in division (D)(4) of this
section, the employee automatically shall be reemployed at the same
salary plus any increments that may be authorized by the board for a
period of one year, except that if the employee has been employed by
the district or service center as an assistant superintendent,
principal, assistant principal, or other administrator for three
years or more, the period of reemployment shall be for two years.
(E) On nomination of the superintendent of a service center a governing board may employ supervisors who shall be employed under written contracts of employment for terms not to exceed five years each. Such contracts may be terminated by a governing board pursuant to section 3319.16 of the Revised Code. Any supervisor employed pursuant to this division may terminate the contract of employment at the end of any school year after giving the board at least thirty days' written notice prior to such termination. On the recommendation of the superintendent the contract or contracts of any supervisor employed pursuant to this division may be suspended for the remainder of the term of any such contract pursuant to section 3319.17 or 3319.171 of the Revised Code.
(F) A board may establish vacation leave for any individuals employed under this section. Upon such an individual's separation from employment, a board that has such leave may compensate such an individual at the individual's current rate of pay for all lawfully accrued and unused vacation leave credited at the time of separation, not to exceed the amount accrued within three years before the date of separation. In case of the death of an individual employed under this section, such unused vacation leave as the board would have paid to the individual upon separation under this section shall be paid in accordance with section 2113.04 of the Revised Code, or to the estate.
(G) The board of education of any school district may contract with the governing board of the educational service center from which it otherwise receives services to conduct searches and recruitment of candidates for assistant superintendent, principal, assistant principal, and other administrator positions authorized under this section.
Sec. 3319.111. Notwithstanding section 3319.09 of the Revised Code, this section applies to any person who is employed under a teacher license issued under this chapter, or under a professional or permanent teacher's certificate issued under former section 3319.222 of the Revised Code, and who spends at least fifty per cent of the time employed providing student instruction. However, this section does not apply to any person who is employed as a substitute teacher or as an instructor of adult education.
(A)
Not
later than July 1, 2013, the The
board
of education of each school district, in consultation with teachers
employed by the board
and the district's teacher's labor organization,
shall adopt a standards-based
teacher
evaluation policy
that conforms with the framework for evaluation of teachers developed
under section 3319.112 of the Revised Code.
A policy may, but shall not be required to, use measures of student
academic growth as a component of a teachers' evaluation.
The policy shall become operative at the expiration of any collective
bargaining agreement covering teachers employed by the board that is
in effect on September
29, 2011, the
effective date of this amendment
and
shall be included in any renewal or extension of such an agreement.
(B)
When
using measures of If
a policy uses
student
academic growth as a component of a teacher's evaluation,
those
measures shall include the
policy shall include
the
value-added progress dimension prescribed by section 3302.021 of the
Revised Code or an alternative student academic progress measure if
adopted under division (C)(1)(e) of section 3302.03 of the Revised
Code,
except that the student academic growth component shall not account
for more than twenty per cent of an evaluation.
For
teachers of grade levels and subjects for which the value-added
progress dimension or alternative student academic progress measure
is not applicable, the board shall administer assessments on the list
developed under division (B)(2) of section 3319.112 of the Revised
Code.
(C)(1)
The board shall
conduct an evaluation of each teacher employed by the board at least
once each school year,
except as provided in division (C)(2) of this section. The evaluation
shall be completed by the first day of May and the teacher shall
receive a written report of the results of the evaluation by the
tenth day of May.
(2)(a)
The board may evaluate each teacher who received a rating of
accomplished on the teacher's most recent evaluation conducted under
this section once every three school years, so long as the teacher's
student academic growth measure, for the most recent school year for
which data is available, is average or higher, as determined by the
department of education.
(b)
The board may evaluate each teacher who received a rating of skilled
on the teacher's most recent evaluation conducted under this section
once every two years, so long as the teacher's student academic
growth measure, for the most recent school year for which data is
available, is average or higher,
as determined by the department of education.
(c)
For each teacher who is evaluated pursuant to division (C)(2) of this
section, the evaluation shall be completed by the first day of May of
the applicable school year, and the teacher shall receive a written
report of the results of the evaluation by the tenth day of May of
that school year.
(d)
Beginning with the 2014-2015 school year, the board may elect not to
conduct an evaluation of a teacher who meets one of the following
requirements:
(i)
The teacher was on leave from the school district for fifty per cent
or more of the school year, as calculated by the board.
(ii)
The teacher has submitted notice of retirement and that notice has
been accepted by the board not later than the first day of December
of the school year in which the evaluation is otherwise scheduled to
be conducted.
(e)
Beginning with the 2017-2018 school year, the board may elect not to
conduct an evaluation of a teacher who is participating in the
teacher residency program established under section 3319.223 of the
Revised Code for the year during which that teacher takes, for the
first time, at least half of the performance-based assessment
prescribed by the state board of education for resident educators.
(3)
In any year that a teacher is not formally evaluated pursuant to
division (C) of this section as a result of receiving a rating of
accomplished or skilled on the teacher's most recent evaluation, an
individual qualified to evaluate a teacher under division (D) of this
section shall conduct at least one observation of the teacher and
hold at least one conference
with the teacher.
(D)
Each evaluation conducted pursuant to this section shall be conducted
by one or more of the following persons who hold a credential
established by the department of education for being an evaluator:
(1)
A person who is under contract with the board pursuant to section
3319.01 or 3319.02 of the Revised Code and holds a license designated
for being a superintendent, assistant superintendent, or principal
issued under section 3319.22 of the Revised Code;
(2)
A person who is under contract with the board pursuant to section
3319.02 of the Revised Code and holds a license designated for being
a vocational director, administrative specialist, or supervisor in
any educational area issued under section 3319.22 of the Revised
Code;
(3)
A person designated to conduct evaluations under an agreement entered
into by the board, including an agreement providing for peer review
entered into by the board and representatives of teachers employed by
the board;
(4)
A person who is employed by an entity contracted by the board to
conduct evaluations and who holds a license designated for being a
superintendent, assistant superintendent, principal, vocational
director, administrative specialist, or supervisor in any educational
area issued under section 3319.22 of the Revised Code or is qualified
to conduct evaluations.
(E)
Notwithstanding division (A)(3) of section 3319.112 of the Revised
Code:
(1)
The board shall require at least three formal observations of each
teacher who is under consideration for nonrenewal
and with whom the board has entered into a limited contract or an
extended limited contract under section 3319.11 of the Revised Code.
(2)
The board may elect, by adoption of a resolution, to require only one
formal observation of a teacher who received a rating of accomplished
on the teacher's most recent evaluation conducted under this section,
provided the teacher completes a project that has been approved by
the board to demonstrate the teacher's continued growth and practice
at the accomplished level.
(F)
The board shall include in its evaluation policy procedures for using
the evaluation results for retention and promotion decisions and for
removal of poorly performing teachers. Seniority shall not be the
basis for a decision to retain a teacher, except when making a
decision between teachers who have comparable evaluations.
(G)
For purposes of section 3333.0411 of the Revised Code, the board
annually shall report to the department of education the number of
teachers for whom an evaluation was conducted under this section and
the number of teachers assigned each rating prescribed under division
(B)(1) of section 3319.112 of the Revised Code, aggregated by the
teacher preparation programs from which and the years in which the
teachers graduated. The department shall establish guidelines for
reporting the information required by this division. The guidelines
shall not permit or require that the name of, or any other personally
identifiable information about, any teacher be reported under this
division.
(H)
A
teacher may appeal the result of the teacher's evaluation conducted
under this section to the educational service
center with which the district has an agreement or, if the district
of the teacher does not have an agreement with an educational service
center, an educational service center of an adjacent district or an
educational service center selected by the teacher.
(D)
Notwithstanding
any provision to the contrary in Chapter 4117. of the Revised Code,
the requirements of this section prevail over any conflicting
provisions of a collective bargaining agreement entered into on or
after
September 24, 2012
effective
date of this amendment.
Sec.
3319.23.
A valid educator license for teaching social studies
in the applicable grade shall be considered sufficient to
teach the additional American history and American government content
adopted under division (A)(1)(b)
of section 3301.079 of the
Revised Code.
Sec. 3319.324. (A) Each school district or school shall provide students or the parents or guardians of a student who is less than eighteen years of age a formal written explanation of the goals and capabilities of any digital-learning platform that is used by the school. The explanation shall include the following:
(1) How the platform works and its principal purposes;
(2) The title and business address of the school official who is responsible for the platform and the name and business address of any contractor or other outside party maintaining the platform for or on behalf of the school;
(3) The information the software is designed to collect from or record about the student, including any data matches with other personally identifiable information;
(4) Every element of data that the platform or software will collect or record about the student, including any personal psychological characteristics, noncognitive attributes or skills, such as collaboration, resilience, and perseverance; and physiological measurements;
(5) The purpose of collecting and recording such data;
(6) Every contemplated use or disclosure of such data, the categories of recipients, and the purpose of such use or disclosure;
(7) A full explanation of the privacy policy maintained by the provider of the digital-learning platform; and
(8) The policies and practices of the school regarding storage, retrievability, access controls, retention, and disposal of the records collected or recorded by the platform.
(B)(1) No digital-learning platform, or any instructional material in digital format, shall be used unless it includes a portal or other mechanism allowing parents access to the platform and all the content available to the student users.
(2) Any data of any type collected on a student through his or her use of a digital-learning platform shall be destroyed at the end of the course in which the platform is used.
(3) Students or parents or guardians shall be allowed to opt out of using any digital-learning platform. Students or parents or guardians who opt out shall be provided traditional instruction in the academic content covered by such digital-learning platform.
(C) As used in this section:
(1) "Digital-learning platform" or "platform" means an interactive digital platform that collects and records students' personally identifiable information, whether maintained or hosted externally by the school or by a third-party provider, and includes any video-gaming platform.
(2) "Personally identifiable information" means student data that personally identifies a student that, alone or in combination, is linked to information that would allow a reasonable person who does not have personal knowledge of the relevant circumstances to identify the student.
Sec. 3326.37. The department of education shall not pay to a science, technology, engineering, and mathematics school any amount for any of the following:
(A) Any student who has graduated from the twelfth grade of a public or nonpublic school;
(B) Any student who is not a resident of the state;
(C)
Any
student who was enrolled in a STEM school during the
previous school year when assessments were administered under
section 3301.0711 of the Revised Code but did not take one or
more of the assessments required by that section and was not excused
pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student
a waiver from the requirement to take the assessment. The
superintendent may grant a waiver only for good cause in accordance
with rules adopted by the state board of education.
(D)
Any
student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance
was interrupted before completing the recognized twelve-year
course of the public schools by reason of induction or
enlistment in the armed forces and who apply for enrollment in
a STEM school not later than four years after termination of war
or their honorable discharge. If, however, any such veteran elects
to enroll in special courses organized for veterans for whom
tuition is paid under federal law, or otherwise, the department
shall not pay to the school any amount for that veteran.
Sec. 3328.01. As used in this chapter:
(A) "Board of trustees" means the board of trustees established for a college-preparatory boarding school in accordance with section 3328.15 of the Revised Code.
(B) "Child with a disability," "IEP," and "school district of residence" have the same meanings as in section 3323.01 of the Revised Code.
(C) "Eligible student" means a student who is entitled to attend school in a participating school district; is at risk of academic failure; is from a family whose income is below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code; meets any additional criteria prescribed by agreement between the state board of education and the operator of the college-preparatory boarding school in which the student seeks enrollment; and meets at least two of the following additional conditions:
(1) The student has a record of in-school disciplinary actions, suspensions, expulsions, or truancy.
(2)
The student has not attained at least a proficient score
on the state achievement assessments in English language arts,
reading, or mathematics prescribed under section 3301.0710 of
the Revised Code, after those assessments have been administered
to the student at least once, or the student has not
attained at least a score designated by the board of trustees
of the college-preparatory boarding school in which the student
seeks enrollment under this chapter on an end-of-course
examination
assessment
in
English language arts or mathematics prescribed
under
division
(B) of section
3301.0712 of the Revised
Code.
(3) The student is a child with a disability.
(4) The student has been referred for academic intervention services.
(5) The student's head of household is a single parent. As used in this division and in division (C)(6) of this section, "head of household" means a person who occupies the same household as the student and who is financially responsible for the student.
(6) The student's head of household is not the student's custodial parent.
(7) A member of the student's family has been imprisoned, as defined in section 1.05 of the Revised Code.
(D) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(E) "Formula ADM," "category one through six special education ADM," and "state education aid" have the same meanings as in section 3317.02 of the Revised Code.
(F) "Operator" means the operator of a college-preparatory boarding school selected under section 3328.11 of the Revised Code.
(G) "Participating school district" means either of the following:
(1) The school district in which a college-preparatory boarding school established under this chapter is located;
(2) A school district other than one described in division (G)(1) of this section that, pursuant to procedures adopted by the state board of education under section 3328.04 of the Revised Code, agrees to be a participating school district so that eligible students entitled to attend school in that district may enroll in a college-preparatory boarding school established under this chapter.
Sec.
3333.0411.
Not
The
final report made under this section shall be for teacher evaluations
conducted for the 2016-2017 school year. Beginning with teacher
evaluations conducted for the 2017-2018 school year, no report shall
be made under this section.
Not later than December 31, 2014, and annually thereafter, the chancellor of higher education shall report for each approved teacher preparation program, the number and percentage of all graduates of the program who were rated at each of the performance levels prescribed by division (B)(1) of former section 3319.112 of the Revised Code on an evaluation conducted in accordance with section 3319.111 of the Revised Code in the previous school year.
In no case shall the report identify any individual graduate. The department of education shall share any data necessary for the report with the chancellor.
Sec. 3365.05. Each public and participating private college shall do all of the following with respect to the college credit plus program:
(A) Apply established standards and procedures for admission to the college and for course placement for participants. When determining admission and course placement, the college shall do all of the following:
(1)
Consider all available student data that may be an indicator
of college readiness, including grade point average and
end-of-course
examination scores
on assessments prescribed under
division (B) of section 3301.0712 of the Revised Code,
if applicable;
(2) Give priority to its current students regarding enrollment in courses. However, once a participant has been accepted into a course, the college shall not displace the participant for another student.
(3) Adhere to any capacity limitations that the college has established for specified courses.
(B) Send written notice to a participant, the participant's parent, the participant's secondary school, and the superintendent of public instruction, not later than fourteen calendar days prior to the first day of classes for that term, of the participant's admission to the college and to specified courses under the program.
(C) Provide both of the following, not later than twenty-one calendar days after the first day of classes for that term, to each participant, participant's secondary school, and the superintendent of public instruction:
(1) The courses and hours of enrollment of the participant;
(2) The option elected by the participant under division (A) or (B) of section 3365.06 of the Revised Code for each course.
The college shall also provide to each partnering school a roster of participants from that school that are enrolled in the college and a list of course assignments for each participant.
(D) Promote the program on the college's web site, including the details of the college's current agreements with partnering secondary schools.
(E) Coordinate with each partnering secondary school that is located within thirty miles of the college to present at least one informational session per school year for interested students and parents. The session shall include the benefits and consequences of participation and shall outline any changes or additions to the requirements of the program. If there are no partnering schools located within thirty miles of the college, the college shall coordinate with the closest partnering school to offer an informational session.
(F) Assign an academic advisor that is employed by the college to each participant enrolled in that college. Prior to the date on which a withdrawal from a course would negatively affect a participant's transcripted grade, as prescribed by the college's established withdrawal policy, the college shall ensure that the academic advisor and the participant meet at least once to discuss the program and the courses in which the participant is enrolled.
(G) Do both of the following with regard to high school teachers that are teaching courses for the college at a secondary school under the program:
(1) Provide at least one professional development session per school year;
(2) Conduct at least one classroom observation per school year for each course that is authorized by the college and taught by a high school teacher to ensure that the course meets the quality of a college-level course.
(H) Annually collect, report, and track specified data related to the program according to data reporting guidelines adopted by the chancellor and the superintendent of public instruction pursuant to section 3365.15 of the Revised Code.
(I) With the exception of divisions (D) and (E) of this section, any eligible out-of-state college participating in the college credit plus program shall be subject to the same requirements as a participating private college under this section.
Section 2. That existing sections 3301.078, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0718, 3301.0722, 3301.0728, 3302.01, 3302.02, 3302.03, 3302.036, 3302.05, 3310.03, 3310.14, 3310.522, 3311.80, 3311.84, 3313.60, 3313.603, 3313.608, 3313.6017, 3313.6020, 3313.61, 3313.612, 3313.618, 3314.016, 3314.02, 3314.05, 3314.08, 3314.26, 3317.03, 3319.02, 3319.111, 3319.23, 3326.37, 3328.01, 3333.0411, and 3365.05 and sections 3301.0721, 3319.112, and 3319.114 of the Revised Code are hereby repealed.
Section 3. (A)(1) Notwithstanding anything in the Revised Code to the contrary and except as provided in division (A)(2) of this section, the board of education of a school district, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing authority of a STEM school established under Chapter 3326. of the Revised Code shall not use the value-added progress dimension rating that is based on the results of the assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code administered in the 2014-2015, 2015-2016, 2016-2017, 2017-2018, and 2018-2019 school years for purposes of assessing student academic growth for teacher and principal evaluations conducted under sections 3311.80, 3319.02, and 3319.111 and former section 3319.112 of the Revised Code or when making decisions regarding the dismissal, retention, tenure, or compensation of the district's or school's teachers and principals.
(2) A school district, community school, or STEM school may enter into a memorandum of understanding collectively with its teachers or principals stipulating that the value-added progress dimension rating that is based on the results of the assessments prescribed under sections 3301.0710 and 3301.0712 of the Revised Code administered in the 2014-2015, 2015-2016, 2016-2017, 2017-2018, and 2018-2019 school years may be used to assess student academic growth for purposes of teacher and principal evaluations or when making decisions regarding the dismissal, retention, tenure, or compensation of the district's or school's teachers and principals.
(3) For a teacher of a grade level and subject area for which the value-added progress dimension is applicable, if no other measure is available to determine student academic growth as required under section 3311.80 or 3319.114 or former section 3319.112 of the Revised Code, teacher and principal evaluations shall be based solely on teacher or principal performance.
(B) As used in this section, "value-added progress dimension" means the value-added progress dimension prescribed by section 3302.021 of the Revised Code or an alternative student academic progress measure if adopted under division (C)(1)(e) of section 3303.03 of the Revised Code.
Section 4. Not later than thirty days after the effective date of this section, the State Board of Education shall provide on the web site of the Department of Education an online opportunity to make comments on specific academic content standards adopted under section 3301.079 of the Revised Code.
Section 5. (A)(1) Not later than thirty days after the effective date of this section, the Department of Education shall issue a request for proposals to provide the elementary assessments prescribed by section 3301.0710 of the Revised Code and the assessments prescribed by section 3301.0712 of the Revised Code for administration by school districts and schools beginning with the 2018-2019 school year. In reviewing proposals, the Department shall consider for the elementary-level assessments, only nationally normed, standardized assessments that were developed prior to 2010 and have specific attributes, which include validity, reliability, percentile scores, identified stanine ranges, and useful diagnostic information. For the secondary-level assessments, the Department shall give preference to nationally norm-referenced assessments and assessments that were developed prior to 2010. The Department shall solicit input from teachers and administrators when reviewing proposals. Multistate consortia, a subsidiary of multistate consortia, or affiliate acting on behalf of multistate consortia shall not be eligible to submit a proposal.
(2) The Department shall submit assessments that meet the conditions prescribed under this section to the Joint Education Oversight Committee established under section 103.45 of the Revised Code and to the Legislative Office of Education Oversight established under section 3301.65 of the Revised Code.
(B) The Legislative Office of Education Oversight shall evaluate the academic content standards aligned to the assessments submitted by the Department under division (A)(2) of this section. Based on the evaluation, the Legislative Office of Education Oversight shall present its findings to the Joint Education Oversight Committee.
(C) The Joint Education Oversight Committee, using the findings presented by the Department and Legislative Office of Education Oversight, shall submit to the State Board of Education recommendations on the assessments to be used for purposes of sections 3301.0710 and 3301.0712 of the Revised Code.
(D) The State Board of Education shall select the assessments from the list provided by the Joint Education Oversight Committee, except that it shall not adopt any assessments unless, by concurrent resolution, the assessments are approved by both houses of the general assembly.
(E) An entity that provides the assessments prescribed by sections 3301.0710 and 3301.0712 of the Revised Code shall ensure that the assessments are aligned with the academic content standards adopted under section 3301.079 or 3301.65 of the Revised Code, as applicable.
As used in this section, "norm-referenced" has the same meaning as in section 3301.079 of the Revised Code.
Section 6. Not later than one hundred eighty days after the effective date of this section, the Department of Education shall convene a group of experts in norm-referenced assessments to make recommendations to the State Board of Education on how to incorporate aggregate data from the results of norm-referenced assessments into a format similar to the report card ratings issued under section 3302.03 of the Revised Code.
As used in this section, "norm-referenced" has the same meaning as in section 3301.079 of the Revised Code.
Section 7. Notwithstanding anything in the Revised Code to the contrary or in any rule or directive of the State Board of Education, Superintendent of Public Instruction, or Department of Education, upon the effective date of this section, the State Board of Education, Superintendent of Public Instruction, and the Department of Education shall forthwith take the steps necessary to terminate the contract entered into by the State of Ohio that is effective from October 21, 2014, to June 30, 2018, and that is used for the use, facilitation, delivery, and administration of the assessments prescribed under section 3301.0710 and 3301.0712 of the Revised Code.
Section 8. Notwithstanding anything in the Revised Code to the contrary, for the 2016-2017, 2017-2018, and 2018-2019 school years only, if, for any reason, a student enrolled in an internet- or computer-based community school does not take an assessment prescribed under sections 3301.0710 or 3301.0712 of the Revised Code, the school shall require that student to take an assessment equivalent to the assessment for which the student was absent. The school shall report to the Department of Education which assessment a student did not take, proof that the student took an equivalent assessment, and results of that equivalent assessment.
Section 9. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 3302.03 of the Revised Code as amended by both Am. Sub. H.B. 2 and Am. Sub. H.B. 64 of the 131st General Assembly.
Section 3302.036 of the Revised Code as amended by both Am. Sub. H.B. 64 and Am. Sub. S.B. 70 of the 131st General Assembly.
Section 3317.03 of the Revised Code as amended by both Sub. H.B. 113 and Sub. H.B. 158 of the 131st General Assembly.
Section 3319.02 of the Revised Code as amended by both Sub. H.B. 525 and Am. Sub. S.B. 316 of the 129th General Assembly.