SENATORS Robert Gardner, Mumper, Amstutz, Goodman, Harris, Jacobson, Jordan, Wachtmann, White

To amend sections 149.43, 3301.0714, 3313.533,

1

3313.614, 3319.22, 3319.26, 3319.31, and 3319.51

2

and to enact sections 3319.227 and 3319.302 of the

3

Revised Code and to amend Sections 44.16 and 192 of

4

Am. Sub. H.B. 94 of the 124th General Assembly and

5

to amend Section 11 of Am. Sub. S.B. 1 of the 124th

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General Assembly to permit school districts that

7

establish certain alternative schools to contract

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with nonprofit or for profit entities to operate

9

those schools, to provide additional standards for

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alternative schools operated by nonprofit or for

11

profit entities, to eliminate the requirement that

12

educator licensing rules are subject to the

13

approval of the General Assembly through a

14

concurrent resolution, to require the State Board

15

of Education to issue a one-year conditional

16

teaching permit for individuals intending to seek

17

an alternative educator license, to establish a

18

three-year period for the issuance of one-year

19

conditional teaching permits in the area of

20

intervention specialist, to permit an individual

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holding an educator license or certificate to teach

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in an area or grade level different from the

23

individual's licensed or certificated area or grade

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level for two years under certain conditions, to

25

permit personally identifiable information about a

26

student to be reported to a third party for

27

purposes of assigning a data verification code, to

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allow the Department of Education to administer the

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High Schools That Work Program, to change the

30

set-aside for tech prep consortia, to specify the

31

curriculum requirement for a diploma, to change

32

from December 31, 2001, to December 31, 2002, the

33

date by which the Instructional Subsidy and

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Challenge Review Committee must submit its report

35

to the General Assembly, to require the Governor's

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Commission on Successful Teachers to recommend

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alternative pathways for obtaining educator

38

licenses, and to declare an emergency.

39

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

Section 1. That sections 149.43, 3301.0714, 3313.533,	40
3313.614, 3319.22, 3319.26, 3319.31, and 3319.51 be amended and	41
sections 3319.227 and 3319.302 of the Revised Code be enacted to	42
read as follows:	43

Sec. 149.43.  (A) As used in this section:

44

(1) "Public record" means any record that isrecords kept by	45
any public office, including, but not limited to, state, county,	46
city, village, township, and school district units, except that	47
"publicand records pertaining to the delivery of educational	48
services by an alternative school in Ohio kept by a nonprofit or	49
for profit entity operating such alternative school pursuant to	50
section 3313.533 of the Revised Code. "Public record" does not	51
mean any of the following:	52

(a) Medical records;

53

(b) Records pertaining to probation and parole proceedings;

54

(c) Records pertaining to actions under section 2151.85 and	55
division (C) of section 2919.121 of the Revised Code and to	56
appeals of actions arising under those sections;	57

(d) Records pertaining to adoption proceedings, including	58
the contents of an adoption file maintained by the department of	59
health under section 3705.12 of the Revised Code;	60

(e) Information in a record contained in the putative father	61
registry established by section 3107.062 of the Revised Code,	62
regardless of whether the information is held by the department of	63
job and family services or, pursuant to section 3111.69 of the	64
Revised Code, the office of child support in the department or a	65
child support enforcement agency;	66

(f) Records listed in division (A) of section 3107.42 of the	67
Revised Code or specified in division (A) of section 3107.52 of	68
the Revised Code;	69

(g) Trial preparation records;

70

(h) Confidential law enforcement investigatory records;

71

(i) Records containing information that is confidential	72
under section 2317.023 or 4112.05 of the Revised Code;	73

(j) DNA records stored in the DNA database pursuant to	74
section 109.573 of the Revised Code;	75

(k) Inmate records released by the department of	76
rehabilitation and correction to the department of youth services	77
or a court of record pursuant to division (E) of section 5120.21	78
of the Revised Code;	79

(l) Records maintained by the department of youth services	80
pertaining to children in its custody released by the department	81
of youth services to the department of rehabilitation and	82
correction pursuant to section 5139.05 of the Revised Code;	83

(m) Intellectual property records;

84

(n) Donor profile records;

85

(o) Records maintained by the department of job and family	86
services pursuant to section 3121.894 of the Revised Code;	87

(p) Peace officer residential and familial information;

88

(q) In the case of a county hospital operated pursuant to	89
Chapter 339. of the Revised Code, information that constitutes a	90
trade secret, as defined in section 1333.61 of the Revised Code;	91

(r) Information pertaining to the recreational activities of	92
a person under the age of eighteen;	93

(s) Records provided to, statements made by review board	94
members during meetings of, and all work products of a child	95
fatality review board acting under sections 307.621 to 307.629 of	96
the Revised Code, other than the report prepared pursuant to	97
section 307.626 of the Revised Code;	98

(t) Records provided to and statements made by the executive	99
director of a public children services agency or a prosecuting	100
attorney acting pursuant to section 5153.171 of the Revised Code	101
other than the information released under that section;	102

(u) Test materials, examinations, or evaluation tools used	103
in an examination for licensure as a nursing home administrator	104
that the board of examiners of nursing home administrators	105
administers under section 4751.04 of the Revised Code or contracts	106
under that section with a private or government entity to	107
administer;	108

(v) Records the release of which is prohibited by state or	109
federal law.	110

(2) "Confidential law enforcement investigatory record"	111
means any record that pertains to a law enforcement matter of a	112
criminal, quasi-criminal, civil, or administrative nature, but	113
only to the extent that the release of the record would create a	114
high probability of disclosure of any of the following:	115

(a) The identity of a suspect who has not been charged with	116
the offense to which the record pertains, or of an information	117
source or witness to whom confidentiality has been reasonably	118
promised;	119

(b) Information provided by an information source or witness	120
to whom confidentiality has been reasonably promised, which	121
information would reasonably tend to disclose the source's or	122
witness's identity;	123

(c) Specific confidential investigatory techniques or	124
procedures or specific investigatory work product;	125

(d) Information that would endanger the life or physical	126
safety of law enforcement personnel, a crime victim, a witness, or	127
a confidential information source.	128

(3) "Medical record" means any document or combination of	129
documents, except births, deaths, and the fact of admission to or	130
discharge from a hospital, that pertains to the medical history,	131
diagnosis, prognosis, or medical condition of a patient and that	132
is generated and maintained in the process of medical treatment.	133

(4) "Trial preparation record" means any record that	134
contains information that is specifically compiled in reasonable	135
anticipation of, or in defense of, a civil or criminal action or	136
proceeding, including the independent thought processes and	137
personal trial preparation of an attorney.	138

(5) "Intellectual property record" means a record, other	139
than a financial or administrative record, that is produced or	140
collected by or for faculty or staff of a state institution of	141
higher learning in the conduct of or as a result of study or	142
research on an educational, commercial, scientific, artistic,	143
technical, or scholarly issue, regardless of whether the study or	144
research was sponsored by the institution alone or in conjunction	145
with a governmental body or private concern, and that has not been	146
publicly released, published, or patented.	147

(6) "Donor profile record" means all records about donors or	148
potential donors to a public institution of higher education	149
except the names and reported addresses of the actual donors and	150
the date, amount, and conditions of the actual donation.	151

(7) "Peace officer residential and familial information"	152
means either of the following:	153

(a) Any information maintained in a personnel record of a	154
peace officer that discloses any of the following:	155

(i) The address of the actual personal residence of a peace	156
officer, except for the state or political subdivision in which	157
the peace officer resides;	158

(ii) Information compiled from referral to or participation	159
in an employee assistance program;	160

(iii) The social security number, the residential telephone	161
number, any bank account, debit card, charge card, or credit card	162
number, or the emergency telephone number of, or any medical	163
information pertaining to, a peace officer;	164

(iv) The name of any beneficiary of employment benefits,	165
including, but not limited to, life insurance benefits, provided	166
to a peace officer by the peace officer's employer;	167

(v) The identity and amount of any charitable or employment	168
benefit deduction made by the peace officer's employer from the	169
peace officer's compensation unless the amount of the deduction is	170
required by state or federal law;	171

(vi) The name, the residential address, the name of the	172
employer, the address of the employer, the social security number,	173
the residential telephone number, any bank account, debit card,	174
charge card, or credit card number, or the emergency telephone	175
number of the spouse, a former spouse, or any child of a peace	176
officer.	177

(b) Any record that identifies a person's occupation as a	178
peace officer other than statements required to include the	179
disclosure of that fact under the campaign finance law.	180

As used in divisions (A)(7) and (B)(5) of this section,	181
"peace officer" has the same meaning as in section 109.71 of the	182
Revised Code and also includes the superintendent and troopers of	183
the state highway patrol; it does not include the sheriff of a	184
county or a supervisory employee who, in the absence of the	185
sheriff, is authorized to stand in for, exercise the authority of,	186
and perform the duties of the sheriff.	187

(8) "Information pertaining to the recreational activities	188
of a person under the age of eighteen" means information that is	189
kept in the ordinary course of business by a public office, that	190
pertains to the recreational activities of a person under the age	191
of eighteen years, and that discloses any of the following:	192

(a) The address or telephone number of a person under the	193
age of eighteen or the address or telephone number of that	194
person's parent, guardian, custodian, or emergency contact person;	195

(b) The social security number, birth date, or photographic	196
image of a person under the age of eighteen;	197

(c) Any medical record, history, or information pertaining	198
to a person under the age of eighteen;	199

(d) Any additional information sought or required about a	200
person under the age of eighteen for the purpose of allowing that	201
person to participate in any recreational activity conducted or	202
sponsored by a public office or to use or obtain admission	203
privileges to any recreational facility owned or operated by a	204
public office.	205

(B)(1) Subject to division (B)(4) of this section, all	206
public records shall be promptly prepared and made available for	207
inspection to any person at all reasonable times during regular	208
business hours. Subject to division (B)(4) of this section, upon	209
request, a public office or person responsible for public records	210
shall make copies available at cost, within a reasonable period of	211
time. In order to facilitate broader access to public records,	212
public offices shall maintain public records in a manner that they	213
can be made available for inspection in accordance with this	214
division.	215

(2) If any person chooses to obtain a copy of a public	216
record in accordance with division (B)(1) of this section, the	217
public office or person responsible for the public record shall	218
permit that person to choose to have the public record duplicated	219
upon paper, upon the same medium upon which the public office or	220
person responsible for the public record keeps it, or upon any	221
other medium upon which the public office or person responsible	222
for the public record determines that it reasonably can be	223
duplicated as an integral part of the normal operations of the	224
public office or person responsible for the public record. When	225
the person seeking the copy makes a choice under this division,	226
the public office or person responsible for the public record	227
shall provide a copy of it in accordance with the choice made by	228
the person seeking the copy.	229

(3) Upon a request made in accordance with division (B)(1)	230
of this section, a public office or person responsible for public	231
records shall transmit a copy of a public record to any person by	232
United States mail within a reasonable period of time after	233
receiving the request for the copy. The public office or person	234
responsible for the public record may require the person making	235
the request to pay in advance the cost of postage and other	236
supplies used in the mailing.	237

Any public office may adopt a policy and procedures that it	238
will follow in transmitting, within a reasonable period of time	239
after receiving a request, copies of public records by United	240
States mail pursuant to this division. A public office that	241
adopts a policy and procedures under this division shall comply	242
with them in performing its duties under this division.	243

In any policy and procedures adopted under this division, a	244
public office may limit the number of records requested by a	245
person that the office will transmit by United States mail to ten	246
per month, unless the person certifies to the office in writing	247
that the person does not intend to use or forward the requested	248
records, or the information contained in them, for commercial	249
purposes. For purposes of this division, "commercial" shall be	250
narrowly construed and does not include reporting or gathering	251
news, reporting or gathering information to assist citizen	252
oversight or understanding of the operation or activities of	253
government, or nonprofit educational research.	254

(4) A public office or person responsible for public records	255
is not required to permit a person who is incarcerated pursuant to	256
a criminal conviction or a juvenile adjudication to inspect or to	257
obtain a copy of any public record concerning a criminal	258
investigation or prosecution or concerning what would be a	259
criminal investigation or prosecution if the subject of the	260
investigation or prosecution were an adult, unless the request to	261
inspect or to obtain a copy of the record is for the purpose of	262
acquiring information that is subject to release as a public	263
record under this section and the judge who imposed the sentence	264
or made the adjudication with respect to the person, or the	265
judge's successor in office, finds that the information sought in	266
the public record is necessary to support what appears to be a	267
justiciable claim of the person.	268

(5) Upon written request made and signed by a journalist on	269
or after December 16, 1999, a public office, or person responsible	270
for public records, having custody of the records of the agency	271
employing a specified peace officer shall disclose to the	272
journalist the address of the actual personal residence of the	273
peace officer and, if the peace officer's spouse, former spouse,	274
or child is employed by a public office, the name and address of	275
the employer of the peace officer's spouse, former spouse, or	276
child. The request shall include the journalist's name and title	277
and the name and address of the journalist's employer and shall	278
state that disclosure of the information sought would be in the	279
public interest.	280

As used in division (B)(5) of this section, "journalist"	281
means a person engaged in, connected with, or employed by any news	282
medium, including a newspaper, magazine, press association, news	283
agency, or wire service, a radio or television station, or a	284
similar medium, for the purpose of gathering, processing,	285
transmitting, compiling, editing, or disseminating information for	286
the general public.	287

(C) If a person allegedly is aggrieved by the failure of a	288
public office to promptly prepare a public record and to make it	289
available to the person for inspection in accordance with division	290
(B) of this section, or if a person who has requested a copy of a	291
public record allegedly is aggrieved by the failure of a public	292
office or the person responsible for the public record to make a	293
copy available to the person allegedly aggrieved in accordance	294
with division (B) of this section, the person allegedly aggrieved	295
may commence a mandamus action to obtain a judgment that orders	296
the public office or the person responsible for the public record	297
to comply with division (B) of this section and that awards	298
reasonable attorney's fees to the person that instituted the	299
mandamus action. The mandamus action may be commenced in the	300
court of common pleas of the county in which division (B) of this	301
section allegedly was not complied with, in the supreme court	302
pursuant to its original jurisdiction under Section 2 of Article	303
IV, Ohio Constitution, or in the court of appeals for the	304
appellate district in which division (B) of this section allegedly	305
was not complied with pursuant to its original jurisdiction under	306
Section 3 of Article IV, Ohio Constitution.	307

(D) Chapter 1347. of the Revised Code does not limit the	308
provisions of this section.	309

(E)(1) The bureau of motor vehicles may adopt rules pursuant	310
to Chapter 119. of the Revised Code to reasonably limit the number	311
of bulk commercial special extraction requests made by a person	312
for the same records or for updated records during a calendar	313
year. The rules may include provisions for charges to be made for	314
bulk commercial special extraction requests for the actual cost of	315
the bureau, plus special extraction costs, plus ten per cent. The	316
bureau may charge for expenses for redacting information, the	317
release of which is prohibited by law.	318

(2) As used in divisions (B)(3) and (E)(1) of this section:

319

(a) "Actual cost" means the cost of depleted supplies,	320
records storage media costs, actual mailing and alternative	321
delivery costs, or other transmitting costs, and any direct	322
equipment operating and maintenance costs, including actual costs	323
paid to private contractors for copying services.	324

(b) "Bulk commercial special extraction request" means a	325
request for copies of a record for information in a format other	326
than the format already available, or information that cannot be	327
extracted without examination of all items in a records series,	328
class of records, or data base by a person who intends to use or	329
forward the copies for surveys, marketing, solicitation, or resale	330
for commercial purposes. "Bulk commercial special extraction	331
request" does not include a request by a person who gives	332
assurance to the bureau that the person making the request does	333
not intend to use or forward the requested copies for surveys,	334
marketing, solicitation, or resale for commercial purposes.	335

(c) "Commercial" means profit-seeking production, buying, or	336
selling of any good, service, or other product.	337

(d) "Special extraction costs" means the cost of the time	338
spent by the lowest paid employee competent to perform the task,	339
the actual amount paid to outside private contractors employed by	340
the bureau, or the actual cost incurred to create computer	341
programs to make the special extraction. "Special extraction	342
costs" include any charges paid to a public agency for computer or	343
records services.	344

(3) For purposes of divisions (E)(1) and (2) of this	345
section, "commercial surveys, marketing, solicitation, or resale"	346
shall be narrowly construed and does not include reporting or	347
gathering news, reporting or gathering information to assist	348
citizen oversight or understanding of the operation or activities	349
of government, or nonprofit educational research.	350

Sec. 3301.0714.  (A) The state board of education shall	351
adopt rules for a statewide education management information	352
system. The rules shall require the state board to establish	353
guidelines for the establishment and maintenance of the system in	354
accordance with this section and the rules adopted under this	355
section. The guidelines shall include:	356

(1) Standards identifying and defining the types of data in	357
the system in accordance with divisions (B) and (C) of this	358
section;	359

(2) Procedures for annually collecting and reporting the	360
data to the state board in accordance with division (D) of this	361
section;	362

(3) Procedures for annually compiling the data in accordance	363
with division (G) of this section;	364

(4) Procedures for annually reporting the data to the public	365
in accordance with division (H) of this section.	366

(B) The guidelines adopted under this section shall require	367
the data maintained in the education management information system	368
to include at least the following:	369

(1) Student participation and performance data, for each	370
grade in each school district as a whole and for each grade in	371
each school building in each school district, that includes:	372

(a) The numbers of students receiving each category of	373
instructional service offered by the school district, such as	374
regular education instruction, vocational education instruction,	375
specialized instruction programs or enrichment instruction that is	376
part of the educational curriculum, instruction for gifted	377
students, instruction for handicapped students, and remedial	378
instruction. The guidelines shall require instructional services	379
under this division to be divided into discrete categories if an	380
instructional service is limited to a specific subject, a specific	381
type of student, or both, such as regular instructional services	382
in mathematics, remedial reading instructional services,	383
instructional services specifically for students gifted in	384
mathematics or some other subject area, or instructional services	385
for students with a specific type of handicap. The categories of	386
instructional services required by the guidelines under this	387
division shall be the same as the categories of instructional	388
services used in determining cost units pursuant to division	389
(C)(3) of this section.	390

(b) The numbers of students receiving support or	391
extracurricular services for each of the support services or	392
extracurricular programs offered by the school district, such as	393
counseling services, health services, and extracurricular sports	394
and fine arts programs. The categories of services required by	395
the guidelines under this division shall be the same as the	396
categories of services used in determining cost units pursuant to	397
division (C)(4)(a) of this section.	398

(c) Average student grades in each subject in grades nine	399
through twelve;	400

(d) Academic achievement levels as assessed by the testing	401
of student achievement under sections 3301.0710 and 3301.0711 of	402
the Revised Code;	403

(e) The number of students designated as having a	404
handicapping condition pursuant to division (C)(1) of section	405
3301.0711 of the Revised Code;	406

(f) The numbers of students reported to the state board	407
pursuant to division (C)(2) of section 3301.0711 of the Revised	408
Code;	409

(g) Attendance rates and the average daily attendance for	410
the year. For purposes of this division, a student shall be	411
counted as present for any field trip that is approved by the	412
school administration.	413

(h) Expulsion rates;

414

(i) Suspension rates;

415

(j) The percentage of students receiving corporal	416
punishment;	417

(k) Dropout rates;

418

(l) Rates of retention in grade;

419

(m) For pupils in grades nine through twelve, the average	420
number of carnegie units, as calculated in accordance with state	421
board of education rules;	422

(n) Graduation rates, to be calculated in a manner specified	423
by the department of education that reflects the rate at which	424
students who were in the ninth grade three years prior to the	425
current year complete school and that is consistent with	426
nationally accepted reporting requirements;	427

(o) Results of diagnostic assessments administered to	428
kindergarten students as required under section 3301.0715 of the	429
Revised Code to permit a comparison of the academic readiness of	430
kindergarten students. However, no district shall be required to	431
report to the department the results of any diagnostic assessment	432
administered to a kindergarten student if the parent of that	433
student requests the district not to report those results.	434

(2) Personnel and classroom enrollment data for each school	435
district, including:	436

(a) The total numbers of licensed employees and nonlicensed	437
employees and the numbers of full-time equivalent licensed	438
employees and nonlicensed employees providing each category of	439
instructional service, instructional support service, and	440
administrative support service used pursuant to division (C)(3) of	441
this section. The guidelines adopted under this section shall	442
require these categories of data to be maintained for the school	443
district as a whole and, wherever applicable, for each grade in	444
the school district as a whole, for each school building as a	445
whole, and for each grade in each school building.	446

(b) The total number of employees and the number of	447
full-time equivalent employees providing each category of service	448
used pursuant to divisions (C)(4)(a) and (b) of this section, and	449
the total numbers of licensed employees and nonlicensed employees	450
and the numbers of full-time equivalent licensed employees and	451
nonlicensed employees providing each category used pursuant to	452
division (C)(4)(c) of this section. The guidelines adopted under	453
this section shall require these categories of data to be	454
maintained for the school district as a whole and, wherever	455
applicable, for each grade in the school district as a whole, for	456
each school building as a whole, and for each grade in each school	457
building.	458

(c) The total number of regular classroom teachers teaching	459
classes of regular education and the average number of pupils	460
enrolled in each such class, in each of grades kindergarten	461
through five in the district as a whole and in each school	462
building in the school district.	463

(3)(a) Student demographic data for each school district,	464
including information regarding the gender ratio of the school	465
district's pupils, the racial make-up of the school district's	466
pupils, and an appropriate measure of the number of the school	467
district's pupils who reside in economically disadvantaged	468
households. The demographic data shall be collected in a manner	469
to allow correlation with data collected under division (B)(1) of	470
this section. Categories for data collected pursuant to division	471
(B)(3) of this section shall conform, where appropriate, to	472
standard practices of agencies of the federal government.	473

(b) With respect to each student entering kindergarten,	474
whether the student previously participated in a public preschool	475
program, a private preschool program, or a head start program, and	476
the number of years the student participated in each of these	477
programs.	478

(C) The education management information system shall	479
include cost accounting data for each district as a whole and for	480
each school building in each school district. The guidelines	481
adopted under this section shall require the cost data for each	482
school district to be maintained in a system of mutually exclusive	483
cost units and shall require all of the costs of each school	484
district to be divided among the cost units. The guidelines shall	485
require the system of mutually exclusive cost units to include at	486
least the following:	487

(1) Administrative costs for the school district as a whole.	488
The guidelines shall require the cost units under this division	489
(C)(1) to be designed so that each of them may be compiled and	490
reported in terms of average expenditure per pupil in formula ADM	491
in the school district, as determined pursuant to section 3317.03	492
of the Revised Code.	493

(2) Administrative costs for each school building in the	494
school district. The guidelines shall require the cost units	495
under this division (C)(2) to be designed so that each of them may	496
be compiled and reported in terms of average expenditure per	497
full-time equivalent pupil receiving instructional or support	498
services in each building.	499

(3) Instructional services costs for each category of	500
instructional service provided directly to students and required	501
by guidelines adopted pursuant to division (B)(1)(a) of this	502
section. The guidelines shall require the cost units under	503
division (C)(3) of this section to be designed so that each of	504
them may be compiled and reported in terms of average expenditure	505
per pupil receiving the service in the school district as a whole	506
and average expenditure per pupil receiving the service in each	507
building in the school district and in terms of a total cost for	508
each category of service and, as a breakdown of the total cost, a	509
cost for each of the following components:	510

(a) The cost of each instructional services category	511
required by guidelines adopted under division (B)(1)(a) of this	512
section that is provided directly to students by a classroom	513
teacher;	514

(b) The cost of the instructional support services, such as	515
services provided by a speech-language pathologist, classroom	516
aide, multimedia aide, or librarian, provided directly to students	517
in conjunction with each instructional services category;	518

(c) The cost of the administrative support services related	519
to each instructional services category, such as the cost of	520
personnel that develop the curriculum for the instructional	521
services category and the cost of personnel supervising or	522
coordinating the delivery of the instructional services category.	523

(4) Support or extracurricular services costs for each	524
category of service directly provided to students and required by	525
guidelines adopted pursuant to division (B)(1)(b) of this section.	526
The guidelines shall require the cost units under division (C)(4)	527
of this section to be designed so that each of them may be	528
compiled and reported in terms of average expenditure per pupil	529
receiving the service in the school district as a whole and	530
average expenditure per pupil receiving the service in each	531
building in the school district and in terms of a total cost for	532
each category of service and, as a breakdown of the total cost, a	533
cost for each of the following components:	534

(a) The cost of each support or extracurricular services	535
category required by guidelines adopted under division (B)(1)(b)	536
of this section that is provided directly to students by a	537
licensed employee, such as services provided by a guidance	538
counselor or any services provided by a licensed employee under a	539
supplemental contract;	540

(b) The cost of each such services category provided	541
directly to students by a nonlicensed employee, such as janitorial	542
services, cafeteria services, or services of a sports trainer;	543

(c) The cost of the administrative services related to each	544
services category in division (C)(4)(a) or (b) of this section,	545
such as the cost of any licensed or nonlicensed employees that	546
develop, supervise, coordinate, or otherwise are involved in	547
administering or aiding the delivery of each services category.	548

(D)(1) The guidelines adopted under this section shall	549
require school districts to collect information about individual	550
students, staff members, or both in connection with any data	551
required by division (B) or (C) of this section or other reporting	552
requirements established in the Revised Code. The guidelines may	553
also require school districts to report information about	554
individual staff members in connection with any data required by	555
division (B) or (C) of this section or other reporting	556
requirements established in the Revised Code. The guidelines	557
shall not authorize school districts to request social security	558
numbers of individual students. The guidelines shall prohibit the	559
reporting under this section of any personally identifiable	560
information about any student, including a student's name or	561
address, to the state board of education or the department of	562
education or. The guidelines shall also prohibit the reporting	563
under this section of any personally identifiable information	564
about any student, except for the purpose of assigning the data	565
verification code required by division (D)(2) of this section, to	566
any other person unless such person is employed by the school	567
district or the data acquisition site operated under section	568
3301.075 of the Revised Code and is authorized by the district or	569
acquisition site to have access to such information. The	570
guidelines may require school districts to provide the social	571
security numbers of individual staff members.	572

(2) The guidelines shall provide for each school district or	573
community school to assign a data verification code that is unique	574
on a statewide basis over time to each student whose initial Ohio	575
enrollment is in that district or school and to report all	576
required individual student data for that student utilizing such	577
code. The guidelines shall also provide for assigning data	578
verification codes to all students enrolled in districts or	579
community schools on the effective date of the guidelines	580
established under this section.	581

Individual student data shall be reported to the department	582
through the data acquisition sites utilizing the code but at no	583
time shall anyone other than an employee of the school district or	584
community school in which the student is enrolledthe state board	585
or the department have access to information that would enable any	586
data verification code to be matched to personally identifiable	587
student data.	588

Each school district shall ensure that the data verification	589
code is included in the student's records reported to any	590
subsequent school district or community school in which the	591
student enrolls and shall remove all references to the code in any	592
records retained in the district or school that pertain to any	593
student no longer enrolled. Any such subsequent district or	594
school shall utilize the same identifier in its reporting of data	595
under this section.	596

(E) The guidelines adopted under this section may require	597
school districts to collect and report data, information, or	598
reports other than that described in divisions (A), (B), and (C)	599
of this section for the purpose of complying with other reporting	600
requirements established in the Revised Code. The other data,	601
information, or reports may be maintained in the education	602
management information system but are not required to be compiled	603
as part of the profile formats required under division (G) of this	604
section or the annual statewide report required under division (H)	605
of this section.	606

(F) Beginning with the school year that begins July 1, 1991,	607
the board of education of each school district shall annually	608
collect and report to the state board, in accordance with the	609
guidelines established by the board, the data required pursuant to	610
this section. A school district may collect and report these data	611
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	612

(G) The state board shall, in accordance with the procedures	613
it adopts, annually compile the data reported by each school	614
district pursuant to division (D) of this section. The state	615
board shall design formats for profiling each school district as a	616
whole and each school building within each district and shall	617
compile the data in accordance with these formats. These profile	618
formats shall:	619

(1) Include all of the data gathered under this section in a	620
manner that facilitates comparison among school districts and	621
among school buildings within each school district;	622

(2) Present the data on academic achievement levels as	623
assessed by the testing of student achievement maintained	624
pursuant to division (B)(1)(e) of this section so that the	625
academic achievement levels of students who are excused from	626
taking any such test pursuant to division (C)(1) of section	627
3301.0711 of the Revised Code are distinguished from the academic	628
achievement levels of students who are not so excused.	629

(H)(1) The state board shall, in accordance with the	630
procedures it adopts, annually prepare a statewide report for all	631
school districts and the general public that includes the profile	632
of each of the school districts developed pursuant to division (G)	633
of this section. Copies of the report shall be sent to each	634
school district.	635

(2) The state board shall, in accordance with the procedures	636
it adopts, annually prepare an individual report for each school	637
district and the general public that includes the profiles of each	638
of the school buildings in that school district developed pursuant	639
to division (G) of this section. Copies of the report shall be	640
sent to the superintendent of the district and to each member of	641
the district board of education.	642

(3) Copies of the reports received from the state board	643
under divisions (H)(1) and (2) of this section shall be made	644
available to the general public at each school district's offices.	645
Each district board of education shall make copies of each report	646
available to any person upon request and payment of a reasonable	647
fee for the cost of reproducing the report. The board shall	648
annually publish in a newspaper of general circulation in the	649
school district, at least twice during the two weeks prior to the	650
week in which the reports will first be available, a notice	651
containing the address where the reports are available and the	652
date on which the reports will be available.	653

(I) Any data that is collected or maintained pursuant to	654
this section and that identifies an individual pupil is not a	655
public record for the purposes of section 149.43 of the Revised	656
Code.	657

(J) As used in this section:

658

(1) "School district" means any city, local, exempted	659
village, or joint vocational school district.	660

(2) "Cost" means any expenditure for operating expenses made	661
by a school district excluding any expenditures for debt	662
retirement except for payments made to any commercial lending	663
institution for any loan approved pursuant to section 3313.483 of	664
the Revised Code.	665

(K) Any person who removes data from the information system	666
established under this section for the purpose of releasing it to	667
any person not entitled under law to have access to such	668
information is subject to section 2913.42 of the Revised Code	669
prohibiting tampering with data.	670

(L) Any time the department of education determines that a	671
school district has taken any of the actions described under	672
division (L)(1), (2), or (3) of this section, it shall make a	673
report of the actions of the district, send a copy of the report	674
to the superintendent of such school district, and maintain a copy	675
of the report in its files:	676

(1) The school district fails to meet any deadline	677
established pursuant to this section for the reporting of any data	678
to the education management information system;	679

(2) The school district fails to meet any deadline	680
established pursuant to this section for the correction of any	681
data reported to the education management information system;	682

(3) The school district reports data to the education	683
management information system in a condition, as determined by the	684
department, that indicates that the district did not make a good	685
faith effort in reporting the data to the system.	686

Any report made under this division shall include	687
recommendations for corrective action by the school district.	688

Upon making a report for the first time in a fiscal year, the	689
department shall withhold ten per cent of the total amount due	690
during that fiscal year under Chapter 3317. of the Revised Code to	691
the school district to which the report applies. Upon making a	692
second report in a fiscal year, the department shall withhold an	693
additional twenty per cent of such total amount due during that	694
fiscal year to the school district to which the report applies.	695
The department shall not release such funds unless it determines	696
that the district has taken corrective action. However, no such	697
release of funds shall occur if the district fails to take	698
corrective action within ninety days of the date upon which the	699
report was made by the department.	700

(M) The department of education, after consultation with the	701
Ohio education computer network, may provide at no cost to school	702
districts uniform computer software for use in reporting data to	703
the education management information system, provided that no	704
school district shall be required to utilize such software to	705
report data to the education management information system if such	706
district is so reporting data in an accurate, complete, and timely	707
manner in a format compatible with that required by the education	708
management information system.	709

(N) The state board of education, in accordance with	710
sections 3319.31 and 3319.311 of the Revised Code, may suspend or	711
revoke a license as defined under division (A) of section 3319.31	712
of the Revised Code that has been issued to any school district	713
employee found to have willfully reported erroneous, inaccurate,	714
or incomplete data to the education management information system.	715

(O) No person shall release or maintain any information	716
about any student in violation of this section. Whoever violates	717
this division is guilty of a misdemeanor of the fourth degree.	718

(P) The department shall disaggregate the data collected	719
under division (B)(1)(o) of this section according to the race and	720
socioeconomic status of the students assessed. No data collected	721
under that division shall be included on the report cards required	722
by section 3302.03 of the Revised Code.	723

(Q) If the department cannot compile any of the information	724
required by division (D)(5) of section 3302.03 of the Revised Code	725
based upon the data collected under this section, the department	726
shall develop a plan and a reasonable timeline for the collection	727
of any data necessary to comply with that division.	728

Sec. 3313.533.  (A) The board of education of a city,	729
exempted village, or local school district may adopt a resolution	730
to establish and maintain an alternative school in accordance with	731
this section. The resolution shall specify, but not necessarily	732
be limited to, all of the following:	733

(1) The purpose of the school, which purpose shall be to	734
serve students who are on suspension, who are having truancy	735
problems, who are experiencing academic failure, who have a	736
history of class disruption, or who are exhibiting other academic	737
or behavioral problems specified in the resolution;	738

(2) The grades served by the school, which may include any	739
of grades kindergarten through twelve;	740

(3) A requirement that the school be operated in accordance	741
with this section. The board of education adopting the resolution	742
under division (A) of this section shall be the governing board of	743
the alternative school. The board shall develop and implement a	744
plan for the school in accordance with the resolution establishing	745
the school and in accordance with this section. Each plan shall	746
include, but not necessarily be limited to, all of the following:	747

(a) Specification of the reasons for which students will be	748
accepted for assignment to the school and any criteria for	749
admission that are to be used by the board to approve or	750
disapprove the assignment of students to the school;	751

(b) Specification of the criteria and procedures that will	752
be used for returning students who have been assigned to the	753
school back to the regular education program of the district;	754

(c) An evaluation plan for assessing the effectiveness of	755
the school and its educational program and reporting the results	756
of the evaluation to the public.	757

(B) Notwithstanding any provision of Title XXXIII of the	758
Revised Code to the contrary, the alternative school plan may	759
include any of the following:	760

(1) A requirement that on each school day students must	761
attend school or participate in other programs specified in the	762
plan or by the chief administrative officer of the school for a	763
period equal to the minimum school day set by the state board of	764
education under section 3313.48 of the Revised Code plus any	765
additional time required in the plan or by the chief	766
administrative officer;	767

(2) Restrictions on student participation in extracurricular	768
or interscholastic activities;	769

(3) A requirement that students wear uniforms prescribed by	770
the district board of education.	771

(C) In accordance with the alternative school plan, the	772
district board of education may employ teachers and nonteaching	773
employees necessary to carry out its duties and fulfill its	774
responsibilities or may contract with a nonprofit or for profit	775
entity to operate the alternative school, including the provision	776
of personnel, supplies, equipment, or facilities.	777

(D) An alternative school may be established in all or part	778
of a school building.	779

(E) If a district board of education elects under this	780
section, or is required by section 3313.534 of the Revised Code,	781
to establish an alternative school, the district board may join	782
with the board of education of one or more other districts to form	783
a joint alternative school by forming a cooperative education	784
school district under section 3311.52 or 3311.521 of the Revised	785
Code, or a joint educational program under section 3313.842 of the	786
Revised Code. The authority to employ personnel or to contract	787
with a nonprofit or for profit entity under division (C) of this	788
section applies to any alternative school program established	789
under this division.	790

(F) Any individual employed as a teacher at an alternative	791
school operated by a nonprofit or for profit entity under this	792
section shall be licensed and shall be subject to background	793
checks, as described in section 3319.39 of the Revised Code, in	794
the same manner as an individual employed by a school district.	795

(G) Division (G) of this section applies only to any	796
alternative school that is operated by a nonprofit or for profit	797
entity under contract with the school district.	798

(1) In addition to the specifications authorized under	799
division (B) of this section, any plan adopted under that division	800
for an alternative school to which division (G) of this section	801
also applies shall include the following:	802

(a) A description of the educational program provided at	803
the alternative school, which shall include:	804

(i) Provisions for the school to be configured in clusters	805
or small learning communities;	806

(ii) Provisions for the incorporation of education	807
technology into the curriculum;	808

(iii) Provisions for accelerated learning programs in	809
reading and mathematics.	810

(b) A method to determine the reading and mathematics level	811
of each student assigned to the alternative school and a method to	812
continuously monitor each student's progress in those areas. The	813
methods employed under this division shall be aligned with the	814
curriculum adopted by the school district board of education under	815
section 3313.60 of the Revised Code.	816

(c) A plan for social services to be provided at the	817
alternative school, such as, but not limited to, counseling	818
services, psychological support services, and enrichment programs;	819

(d) A plan for a student's transition from the alternative	820
school back to a school operated by the school district;	821

(e) A requirement that the alternative school maintain	822
financial records in a manner that is compatible with the form	823
prescribed for school districts by the auditor of state to enable	824
the district to comply with any rules adopted by the auditor of	825
state.	826

(2) Notwithstanding division (A)(2) of this section, any	827
alternative school to which division (G) of this section applies	828
shall include only grades six through twelve.	829

(3) Notwithstanding anything in division (A)(3)(a) of this	830
section to the contrary, the characteristics of students who may	831
be assigned to an alternative school to which division (G) of this	832
section applies shall include only disruptive and low-performing	833
students.	834

(H) When any district board of education determines to	835
contract with a nonprofit or for profit entity to operate an	836
alternative school under this section, the board shall use the	837
procedure set forth in this division.	838

(1) The board shall publish notice of a request for proposals	839
in a newspaper of general circulation in the district once each	840
week for a period of at least two consecutive weeks prior to the	841
date specified by the board for receiving proposals. Notices of	842
requests for proposals shall contain a general description of the	843
subject of the proposed contract and the location where the	844
request for proposals may be obtained. The request for proposals	845
shall include all of the following information:	846

(a) Instructions and information to respondents concerning	847
the submission of proposals, including the name and address of the	848
office where proposals are to be submitted;	849

(b) Instructions regarding communications, including at least	850
the names, titles, and telephone numbers of persons to whom	851
questions concerning a proposal may be directed;	852

(c) A description of the performance criteria that will be	853
used to evaluate whether a respondent to which a contract is	854
awarded is meeting the district's educational standards or the	855
method by which such performance criteria will be determined;	856

(d) Factors and criteria to be considered in evaluating	857
proposals, the relative importance of each factor or criterion,	858
and a description of the evaluation procedures to be followed;	859

(e) Any terms or conditions of the proposed contract,	860
including any requirement for a bond and the amount of such bond;	861

(f) Documents that may be incorporated by reference into the	862
request for proposals, provided that the request for proposals	863
specifies where such documents may be obtained and that such	864
documents are readily available to all interested parties.	865

(2) After the date specified for receiving proposals, the	866
board shall evaluate the submitted proposals and may hold	867
discussions with any respondent to ensure a complete understanding	868
of the proposal and the qualifications of such respondent to	869
execute the proposed contract. Such qualifications shall include,	870
but are not limited to, all of the following:	871

(a) Demonstrated competence in performance of the required	872
services as indicated by effective implementation of educational	873
programs in reading and mathematics and at least three years of	874
experience successfully serving a student population similar to	875
the student population assigned to the alternative school;	876

(b) Demonstrated performance in the areas of cost	877
containment, the provision of educational services of a high	878
quality, and any other areas determined by the board;	879

(c) Whether the respondent has the resources to undertake the	880
operation of the alternative school and to provide qualified	881
personnel to staff the school;	882

(d) Financial responsibility.

883

(3) The board shall select for further review at least three	884
proposals from respondents the board considers qualified to	885
operate the alternative school in the best interests of the	886
students and the district. If fewer than three proposals are	887
submitted, the board shall select each proposal submitted. The	888
board may cancel a request for proposals or reject all proposals	889
at any time prior to the execution of a contract.	890

The board may hold discussions with any of the three selected	891
respondents to clarify or revise the provisions of a proposal or	892
the proposed contract to ensure complete understanding between the	893
board and the respondent of the terms under which a contract will	894
be entered. Respondents shall be accorded fair and equal	895
treatment with respect to any opportunity for discussion regarding	896
clarifications or revisions. The board may terminate or	897
discontinue any further discussion with a respondent upon written	898
notice.	899

(4) Upon further review of the three proposals selected by	900
the board, the board shall award a contract to the respondent the	901
board considers to have the most merit, taking into consideration	902
the scope, complexity, and nature of the services to be performed	903
by the respondent under the contract.	904

(5) Except as provided in division (H)(6) of this section,	905
the request for proposals, submitted proposals, and related	906
documents shall become public records under section 149.43 of the	907
Revised Code after the award of the contract.	908

(6) Any respondent may request in writing that the board not	909
disclose confidential or proprietary information or trade secrets	910
contained in the proposal submitted by the respondent to the	911
board. Any such request shall be accompanied by an offer of	912
indemnification from the respondent to the board. The board shall	913
determine whether to agree to the request and shall inform the	914
respondent in writing of its decision. If the board agrees to	915
nondisclosure of specified information in a proposal, such	916
information shall not become a public record under section 149.43	917
of the Revised Code. If the respondent withdraws its proposal at	918
any time prior to the execution of a contract, the proposal shall	919
not be a public record under section 149.43 of the Revised Code.	920

(I) Upon a recommendation from the department and in	921
accordance with section 3301.16 of the Revised Code, the state	922
board of education may revoke the charter of any alternative	923
school operated by a school district that violates this section.	924

Sec. 3313.614.  (A) As used in this section, a person	925
"fulfills the curriculum requirement for a diploma" at the time	926
one of the following conditions is satisfied:	927

(1) The person successfully completes the high school	928
curriculum of a school district, a community school, a chartered	929
nonpublic school, or a correctional institution.	930

(2) The person successfully completes the individualized	931
education program developed for the person under section 3323.08	932
of the Revised Code.	933

(3) A board of education issues its determination under	934
section 3313.611 of the Revised Code that the person qualifies as	935
having successfully completed the curriculum required by the	936
district.	937

(B) This division specifies the testing requirements that	938
must be fulfilled as a condition toward granting high school	939
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	940
of the Revised Code.	941

(1) A person who fulfills the curriculum requirement for a	942
diploma before September 15, 2000, is not required to pass any	943
proficiency test or achievement test in science as a condition to	944
receiving a diploma.	945

(2) Except as provided in division (B)(3) of this section, a	946
person who fulfills the curriculum requirement for a diploma prior	947
to September 15, 2006, is not required to pass the Ohio graduation	948
test in any subject as a condition to receiving a diploma once the	949
person has passed the ninth grade proficiency test in the same	950
subject, so long as the person passed the ninth grade proficiency	951
test prior to September 15, 2008. For this purpose, the ninth	952
grade proficiency test in citizenship substitutes for the Ohio	953
graduation test in social studies. If a person fulfills the	954
curriculum requirement for a diploma prior to September 15, 2006,	955
but does not pass a ninth grade proficiency test in a particular	956
subject before September 15, 2008, and passage of a test in that	957
subject is a condition for the person to receive a diploma, the	958
person must pass the Ohio graduation test in that subject to	959
receive a diploma.	960

(3) A person who begins tenth grade after July 1, 2004, in a	961
school district, community school, or chartered nonpublic school	962
is not eligible to receive a diploma based on passage of ninth	963
grade proficiency tests. Each such person must pass Ohio	964
graduation tests to meet the testing requirements applicable to	965
that person as a condition to receiving a diploma.	966

(C) This division specifies the curriculum requirement that	967
shall be completed as a condition toward granting high school	968
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	969
of the Revised Code.	970

(1) A person who is under twenty-two years of age when the	971
person fulfills the curriculum requirement for a diploma shall	972
complete the curriculum required by the school district or school	973
issuing the diploma for the first year that the person originally	974
enrolled in high school.	975

(2) Once a person fulfills the curriculum requirement for a	976
diploma, the person is never required, as a condition of receiving	977
a diploma, to meet any different curriculum requirements that take	978
effect pending the person's passage of proficiency or achievement	979
tests, including changes mandated by section 3313.603 of the	980
Revised Code, the state board, a school district board of	981
education, or a governing authority of a community school or	982
chartered nonpublic school.	983

Sec. 3319.22.  (A) The state board of education shall adopt	984
rules establishing the standards and requirements for obtaining	985
temporary, associate, provisional, and professional educator	986
licenses of any categories, types, and levels the board elects to	987
provide. However, no educator license shall be required for	988
teaching children two years old or younger.	989

(B) Any rules the state board of education adopts, amends,	990
or rescinds for educator licenses under this section, division (D)	991
of section 3301.07 of the Revised Code, or any other law shall be	992
adopted, amended, or rescinded under Chapter 119. of the Revised	993
Code except as follows:	994

(1) Notwithstanding division (D) of section 119.03 and	995
division (A)(1) of section 119.04 of the Revised Code, the	996
effective date of any rules, or amendment or rescission of any	997
rules, shall not be as prescribed in division (D) of section	998
119.03 and division (A)(1) of section 119.04 of the Revised Code.	999
Instead, the rules or amendment or rescission of the rules shall	1000
take effect only after the rules or amendment or rescission of the	1001
rules are filed with the chairpersons of the committees of the	1002
house of representatives and of the senate that are primarily	1003
responsible for consideration of education legislation and only	1004
after approval by the general assembly through adoption of a	1005
concurrent resolution by a majority of the members of both the	1006
house of representatives and the senate. The effective date of	1007
the rules shall be the later of the date on which the concurrent	1008
resolution is adopted by the second house or the date prescribed	1009
by section 3319.23 of the Revised Code.	1010

(2) Notwithstanding the authority to adopt, amend, or	1011
rescind emergency rules in division (F) of section 119.03 of the	1012
Revised Code, this authority shall not apply to the state board of	1013
education with regard to rules for educator licenses.	1014

(C)(1) The rules adopted under this section establishing	1015
standards requiring additional coursework for the renewal of any	1016
educator license shall require a school district and a chartered	1017
nonpublic school to establish local professional development	1018
committees. In a nonpublic school, the chief administrative	1019
officer shall establish the committees in any manner acceptable to	1020
such officer. The committees established under this division	1021
shall determine whether coursework that a district or chartered	1022
nonpublic school teacher proposes to complete meets the	1023
requirement of the rules. The rules shall establish a procedure	1024
by which a teacher may appeal the decision of a local professional	1025
development committee.	1026

(2) In any school district in which there is no exclusive	1027
representative established under Chapter 4117. of the Revised	1028
Code, the professional development committees shall be established	1029
as described in division (C)(2) of this section.	1030

Not later than the effective date of the rules adopted under	1031
this section, the board of education of each school district shall	1032
establish the structure for one or more local professional	1033
development committees to be operated by such school district. The	1034
committee structure so established by a district board shall	1035
remain in effect unless within thirty days prior to an anniversary	1036
of the date upon which the current committee structure was	1037
established, the board provides notice to all affected district	1038
employees that the committee structure is to be modified.	1039
Professional development committees may have a district-level or	1040
building-level scope of operations, and may be established with	1041
regard to particular grade or age levels for which an educator	1042
license is designated.	1043

Each professional development committee shall consist of at	1044
least three classroom teachers employed by the district, one	1045
principal employed by the district, and one other employee of the	1046
district appointed by the district superintendent. For committees	1047
with a building-level scope, the teacher and principal members	1048
shall be assigned to that building, and the teacher members shall	1049
be elected by majority vote of the classroom teachers assigned to	1050
that building. For committees with a district-level scope, the	1051
teacher members shall be elected by majority vote of the classroom	1052
teachers of the district, and the principal member shall be	1053
elected by a majority vote of the principals of the district,	1054
unless there are two or fewer principals employed by the district,	1055
in which case the one or two principals employed shall serve on	1056
the committee. If a committee has a particular grade or age level	1057
scope, the teacher members shall be licensed to teach such grade	1058
or age levels, and shall be elected by majority vote of the	1059
classroom teachers holding such a license and the principal shall	1060
be elected by all principals serving in buildings where any such	1061
teachers serve. The district superintendent shall appoint a	1062
replacement to fill any vacancy that occurs on a professional	1063
development committee, except in the case of vacancies among the	1064
elected classroom teacher members, which shall be filled by vote	1065
of the remaining members of the committee so selected.	1066

Terms of office on professional development committees shall	1067
be prescribed by the district board establishing the committees.	1068
The conduct of elections for members of professional development	1069
committees shall be prescribed by the district board establishing	1070
the committees. A professional development committee may include	1071
additional members, except that the majority of members on each	1072
such committee shall be classroom teachers employed by the	1073
district. Any member appointed to fill a vacancy occurring prior	1074
to the expiration date of the term for which a predecessor was	1075
appointed shall hold office as a member for the remainder of that	1076
term.	1077

The initial meeting of any professional development	1078
committee, upon election and appointment of all committee members,	1079
shall be called by a member designated by the district	1080
superintendent. At this initial meeting, the committee shall	1081
select a chairperson and such other officers the committee deems	1082
necessary, and shall adopt rules for the conduct of its meetings.	1083
Thereafter, the committee shall meet at the call of the	1084
chairperson or upon the filing of a petition with the district	1085
superintendent signed by a majority of the committee members	1086
calling for the committee to meet.	1087

(3) In the case of a school district in which an exclusive	1088
representative has been established pursuant to Chapter 4117. of	1089
the Revised Code, professional development committees shall be	1090
established in accordance with any collective bargaining agreement	1091
in effect in the district that includes provisions for such	1092
committees.	1093

If the collective bargaining agreement does not specify a	1094
different method for the selection of teacher members of the	1095
committees, the exclusive representative of the district's	1096
teachers shall select the teacher members.	1097

If the collective bargaining agreement does not specify a	1098
different structure for the committees, the board of education of	1099
the school district shall establish the structure, including the	1100
number of committees and the number of teacher and administrative	1101
members on each committee; the specific administrative members to	1102
be part of each committee; whether the scope of the committees	1103
will be district levels, building levels, or by type of grade or	1104
age levels for which educator licenses are designated; the lengths	1105
of terms for members; the manner of filling vacancies on the	1106
committees; and the frequency and time and place of meetings.	1107
However, in all cases, except as provided in division (C)(4) of	1108
this section, there shall be a majority of teacher members of any	1109
professional development committee, there shall be at least five	1110
total members of any professional development committee, and the	1111
exclusive representative shall designate replacement members in	1112
the case of vacancies among teacher members, unless the collective	1113
bargaining agreement specifies a different method of selecting	1114
such replacements.	1115

(4) Whenever an administrator's coursework plan is being	1116
discussed or voted upon, the local professional development	1117
committee shall, at the request of one of its administrative	1118
members, cause a majority of the committee to consist of	1119
administrative members by reducing the number of teacher members	1120
voting on the plan.	1121

(D)(1) The department of education, educational service	1122
centers, county boards of mental retardation and developmental	1123
disabilities, regional professional development centers, special	1124
education regional resource centers, college and university	1125
departments of education, head start programs, the Ohio SchoolNet	1126
commission, and the Ohio education computer network may establish	1127
local professional development committees to determine whether the	1128
coursework proposed by their employees who are licensed or	1129
certificated under this section or section 3319.222 of the Revised	1130
Code meet the requirements of the rules adopted under this	1131
section. They may establish local professional development	1132
committees on their own or in collaboration with a school district	1133
or other agency having authority to establish them.	1134

Local professional development committees established by	1135
county boards of mental retardation and developmental disabilities	1136
shall be structured in a manner comparable to the structures	1137
prescribed for school districts in divisions (C)(2) and (3) of	1138
this section, as shall the committees established by any other	1139
entity specified in division (D)(1) of this section that provides	1140
educational services by employing or contracting for services of	1141
classroom teachers licensed or certificated under this section or	1142
section 3319.222 of the Revised Code. All other entities	1143
specified in division (D)(1) of this section shall structure their	1144
committees in accordance with guidelines which shall be issued by	1145
the state board.	1146

(2) Any public agency that is not specified in division	1147
(D)(1) of this section but provides educational services and	1148
employs or contracts for services of classroom teachers licensed	1149
or certificated under this section or section 3319.222 of the	1150
Revised Code may establish a local professional development	1151
committee, subject to the approval of the department of education.	1152
The committee shall be structured in accordance with guidelines	1153
issued by the state board.	1154

Sec. 3319.227. Notwithstanding any provision to the contrary	1155
in this chapter or in any educator licensing rule adopted by the	1156
state board of education under authority granted under this	1157
chapter, any individual who holds an educator license issued under	1158
section 3319.22 of the Revised Code or a teacher's certificate	1159
issued under former section 3319.22 of the Revised Code that has	1160
continuing effect under section 3319.222 of the Revised Code may	1161
be employed to teach for up to two school years in a grade level	1162
or in a subject or teaching area for which the individual's	1163
license or certificate is not valid, as long as the individual	1164
agrees that during that time the individual will enroll in,	1165
attend, and complete coursework required by rule of the state	1166
board for licensure to teach in that grade level or in that	1167
subject or teaching area. The necessary coursework may be	1168
completed through classes developed and offered by regional	1169
professional development providers, such as special education	1170
regional resource centers, regional professional development	1171
centers, educational service centers, local education agencies,	1172
professional organizations, and institutions of higher education,	1173
provided the coursework is taken for credit in collaboration with	1174
a college or university that has a teacher education program	1175
approved by the state board. No person shall teach in a grade	1176
level or subject or teaching area under this section beyond two	1177
years until the person has completed all coursework and tests	1178
prescribed by the state board for licensure in that grade level or	1179
subject or teaching area.	1180

Sec. 3319.26.  The state board of education shall adopt rules	1182
establishing the standards and requirements for obtaining an	1183
alternative educator license for teaching in grades seven to	1184
twelve, or the equivalent, in a designated subject area. However,	1185
an alternative educator license in the area of intervention	1186
specialist, as defined by rule of the state board, shall be valid	1187
for teaching in grades kindergarten to twelve. The rules shall	1188
require applicants for the license to hold a minimum of a	1189
baccalaureate degree, to have successfully completed three	1190
semester hours or the equivalent of college coursework in the	1191
developmental characteristics of adolescent youths and three	1192
semester hours or the equivalent in teaching methods, and to have	1193
passed an examination in the subject area for which application is	1194
being made. An alternative educator license shall be valid for	1195
two years and shall not be renewable.	1196

The rules shall require the holder of an alternative educator	1197
license, as a condition of continuing to hold the license, to show	1198
satisfactory progress in taking and successfully completing within	1199
two years at least twelve additional semester hours, or the	1200
equivalent, of college coursework in the principles and practices	1201
of teaching in such topics as student development and learning,	1202
pupil assessment procedures, curriculum development, classroom	1203
management, and teaching methodology.	1204

The rules shall provide for the granting of a provisional	1205
educator license to a holder of an alternative educator license	1206
upon successfully completing all of the following:	1207

(A) Two years of teaching under the alternative license;

1208

(B) The twelve semester hours, or the equivalent, of the	1209
additional college coursework described in this section;	1210

(C) The assessment of subject matter content and	1211
professional knowledge that is required of other applicants for a	1212
provisional educator license. The standards for successfully	1213
completing this assessment and the manner of conducting the	1214
assessment shall be the same as for any other applicant for a	1215
provisional educator license.	1216

Sec. 3319.302. It is the intent of the general assembly that	1217
the state board of education shall administer this section without	1218
adopting any rules for its implementation.	1219

Unless the provisions of division (B) or (C) of section	1220
3319.31 of the Revised Code apply to an applicant, the state board	1221
of education shall issue a one-year conditional teaching permit	1222
for teaching in grades seven to twelve to any applicant who meets	1223
the following conditions:	1224

(A) Holds a bachelor's degree;

1225

(B) Has successfully completed a basic skills test as	1226
prescribed by the state board;	1227

(C) Has completed either as part of the applicant's degree	1228
program or separate from it the equivalent of at least fifteen	1229
semester hours of coursework in the teaching area or subject area	1230
in which licensure under this section is sought;	1231

(D) Has completed the equivalent of a total of six semester	1232
hours of additional coursework within the past five years with a	1233
grade point average of at least 2.5 out of 4.0, or its equivalent,	1234
in the areas of the teaching or subject area described in	1235
division (C) of this section, characteristics of student learning,	1236
diversity of learners, planning for instruction, instruction	1237
strategies, learning environments, communication, assessment, or	1238
student support and that coursework has been approved by the	1239
school district, community school, chartered nonpublic school, or	1240
nonprofit or for-profit entity operating an alternative school	1241
under section 3313.533 of the Revised Code that will employ the	1242
applicant. The coursework may have been completed through classes	1243
developed and offered by regional professional development	1244
providers, such as special education regional resource centers,	1245
regional professional development centers, educational service	1246
centers, local educational agencies, professional organizations,	1247
and institutions of higher education, provided the coursework is	1248
taken for credit in collaboration with a college or university	1249
that has a teacher education program approved by the state board.	1250

(E) The applicant has entered into a written agreement with	1251
the school district; community school; chartered nonpublic school;	1252
or nonprofit or for profit entity operating an alternative school	1253
under section 3313.533 of the Revised Code that will employ the	1254
applicant and the department of education under which the	1255
district, school, or entity will provide for the applicant a	1256
structured mentoring program in the areas listed in division (D)	1257
of this section that is aligned with the performance expectations	1258
prescribed by state board rule for entry-year teachers.	1259

(F) The applicant agrees to complete while employed under	1260
the one-year teaching permit the equivalent of an additional three	1261
semester hours of coursework in the teaching area or subject area	1262
in which the individual is teaching and for which the individual	1263
will seek an alternative educator license pursuant to division (G)	1264
of this section. The individual's mentor prescribed in division	1265
(E) of this section shall assist the individual in selecting	1266
coursework to satisfy the requirement prescribed in this division.	1267
The coursework may be completed through classes offered by	1268
regional professional development providers, such as special	1269
education regional resource centers, regional professional	1270
development centers, educational service centers, local	1271
educational agencies, professional organizations, and institutions	1272
of higher education, if the coursework is taken for credit in	1273
collaboration with a college or university that has a teacher	1274
education program approved by the state board.	1275

(G) The applicant agrees to seek at the conclusion of the	1276
year in which the individual is employed under the one-year	1277
teaching permit issued under this section an alternative educator	1278
license issued under section 3319.26 of the Revised Code in the	1279
teaching area or subject area in which the individual has been	1280
teaching and plans to continue to teach. The applicant shall not	1281
be reemployed by the school district; community school; chartered	1282
nonpublic school; or nonprofit or for profit entity operating an	1283
alternative school under section 3313.533 of the Revised Code or	1284
be employed by another such district, school, or entity unless	1285
that alternative educator license is issued to the applicant prior	1286
to the beginning of the next school year.	1287

(H) The applicant pays the fee established under section	1288
3319.51 of the Revised Code.	1289

Sec. 3319.31.  (A) As used in this section and sections	1290
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	1291
means a certificate, license, or permit described in division (B)	1292
of section 3301.071 or in section 3301.074, 3319.088, or 3319.29,	1293
or 3319.302 of the Revised Code.	1294

(B) For any of the following reasons, the state board of	1295
education, in accordance with Chapter 119. and section 3319.311 of	1296
the Revised Code, may refuse to issue a license to an applicant,	1297
may limit a license it issues to an applicant, or may suspend,	1298
revoke, or limit a license that has been issued to any person:	1299

(1) Engaging in an immoral act, incompetence, negligence, or	1300
conduct that is unbecoming to the applicant's or person's	1301
position;	1302

(2) A plea of guilty to, a finding of guilt by a jury or	1303
court of, or a conviction of any of the following:	1304

(a) A felony;

1305

(b) A violation of section 2907.04 or 2907.06 or division	1306
(A) or (C) of section 2907.07 of the Revised Code;	1307

(c) An offense of violence;

1308

(d) A theft offense, as defined in section 2913.01 of the	1309
Revised Code;	1310

(e) A drug abuse offense, as defined in section 2925.01 of	1311
the Revised Code, that is not a minor misdemeanor;	1312

(f) A violation of an ordinance of a municipal corporation	1313
that is substantively comparable to an offense listed in divisions	1314
(B)(2)(a) to (e) of this section.	1315

(C) The state board may take action under division (B) of	1316
this section on the basis of substantially comparable conduct	1317
occurring in a jurisdiction outside this state or occurring before	1318
a person applies for or receives any license.	1319

(D) The state board may adopt rules in accordance with	1320
Chapter 119. of the Revised Code to carry out this section and	1321
section 3319.311 of the Revised Code.	1322

Sec. 3319.51.  (A) The state board of education shall	1323
annually establish the amount of the fees required to be paid	1324
under division (B) of section 3301.071 and sections 3301.074,	1325
3319.088, and 3319.29, and 3319.302 of the Revised Code. The	1326
amount of these fees shall be such that they, along with any	1327
appropriation made to the fund established under division (B) of	1328
this section, will be sufficient to cover the annual estimated	1329
cost of administering the sections of law listed under division	1330
(B) of this section.	1331

(B) There is hereby established in the state treasury the	1332
state board of education licensure fund, which shall be used by	1333
the state board of education solely to pay the cost of	1334
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	1335
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, and 3319.31 of the	1336
Revised Code. The fund shall consist of the amounts paid into the	1337
fund pursuant to division (B) of section 3301.071 and sections	1338
3301.074, 3319.088, and 3319.29, and 3319.302 of the Revised Code	1339
and any appropriations to the fund by the general assembly.	1340

Section 2. That existing sections 149.43, 3301.0714,	1341
3313.533, 3313.614, 3319.22, 3319.26, 3319.31, and 3319.51 of the	1342
Revised Code are hereby repealed.	1343

Section 3. That Sections 44.16 and 192 of Am. Sub. H.B. 94 of	1344
the 124th General Assembly be amended to read as follows:	1345

"       Sec. 44.16.  CAREER-TECHNICAL EDUCATION ENHANCEMENTS

1346

Of the foregoing appropriation item 200-545, Career-Technical	1347
Education Enhancements, up to $2,616,001 in each fiscal year shall	1348
be used to fund career-technical education units at institutions.	1349
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	1350
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	1351
(JOG) program.	1352

Of the foregoing appropriation item 200-545, Career-Technical	1353
Education Enhancements, up to $4,182,573$4,157,573 in fiscal year	1354
2002 and up to $4,432,573$4,407,573 in fiscal year 2003 shall be	1355
used by the Department of Education to fund competitive grants to	1356
tech prep consortia that expand the number of students enrolled in	1357
tech prep programs. These grant funds shall be used to directly	1358
support expanded tech prep programs, including equipment, provided	1359
to students enrolled in school districts, including joint	1360
vocational school districts, and affiliated higher education	1361
institutions.	1362

If federal funds for career-technical education cannot be	1363
used for local school district leadership without being matched by	1364
state funds, then an amount as determined by the Superintendent of	1365
Public Instruction shall be made available from state funds	1366
appropriated for career-technical education. If any state funds	1367
are used for this purpose, federal funds in an equal amount shall	1368
be distributed for career-technical education in accordance with	1369
authorization of the state plan for vocational education for Ohio	1370
as approved by the Secretary of the United States Department of	1371
Education.	1372

Of the foregoing appropriation item 200-545, Career-Technical	1373
Education Enhancements, $3,000,000 in fiscal year 2002 and	1374
$3,250,000 in fiscal year 2003 shall be used to provide an amount	1375
to each eligible school district for the replacement or updating	1376
of equipment essential for the instruction of students in job	1377
skills taught as part of a career-technical program or programs	1378
approved for such instruction by the State Board of Education.	1379
School districts replacing or updating career-technical education	1380
equipment may purchase or lease such equipment. The Department of	1381
Education shall review and approve all equipment requests and may	1382
allot appropriated funds to eligible school districts on the basis	1383
of the number of full-time equivalent workforce development	1384
teachers in all eligible districts making application for funds.	1385

The State Board of Education may adopt standards of need for	1386
equipment allocation. Pursuant to the adoption of any such	1387
standards of need by the State Board of Education, appropriated	1388
funds may be allotted to eligible districts according to such	1389
standards. Equipment funds allotted under either process shall be	1390
provided to a school district on a 30, 40, or 50 per cent of cost	1391
on the basis of a district career-technical priority index rating	1392
developed by the Department of Education for all districts each	1393
year. The career-technical priority index shall give preference	1394
to districts with a large percentage of disadvantaged students and	1395
shall include other socio-economic factors as determined by the	1396
State Board of Education.	1397

Of the foregoing appropriation item 200-545, Career-Technical	1398
Education Enhancements, up to $3,650,000 in each fiscal year shall	1399
be awarded by the Superintendent of Public Instruction to an Ohio	1400
nonprofit corporationused by the Department of Education to	1401
support existing High Schools That Work (HSTW) sites, develop new	1402
sites, fund technical assistance, and support regional centers and	1403
middle school programs. The purpose of HSTW is to combine	1404
challenging academic courses and modern vocational and technical	1405
studies to raise the academic achievement of students. It provides	1406
intensive technical assistance, focused staff development,	1407
targeted assessment services, and ongoing communications and	1408
networking opportunities. Any grant awarded under this program by	1409
the Superintendent of Public Instruction shall require a matching	1410
contribution of at least $1,000,000 from the Ohio nonprofit	1411
corporation.	1412

Of the foregoing appropriation item 200-545, Career-Technical	1413
Education Enhancements, $3,750,000 in fiscal year 2002 and	1414
$4,000,000 in fiscal year 2003 shall be used for K-12 career	1415
development.	1416

Of the foregoing appropriation item 200-545, Career-Technical	1417
Educational Enhancements, $300,000 in each fiscal year shall be	1418
used by the Department of Education to establish the Voc-Ag 5th	1419
Quarter Pilot Project. The project shall enable students in	1420
agricultural programs to enroll in a fifth quarter of instruction.	1421
The fifth quarter concept is based on the long-standing and	1422
successful agricultural education model of delivering work-based	1423
learning through supervised agricultural experience. The	1424
Department of Education shall establish rules governing	1425
eligibility criteria and the reporting process for the project	1426
that must include the following: (1) a school is required to hire	1427
a certified teacher for the fifth quarter, (2) a school must have	1428
a curriculum for the fifth quarter that is approved by the	1429
Department of Education, (3) students must earn credit for the	1430
agricultural experience, (4) the program must be approved by the	1431
school district's superintendent, and (5) the program must be in	1432
existence on the effective date of this section. The Department	1433
of Education shall fund as many programs as possible given the	1434
$250,000 set aside. The Department of Education shall report	1435
students' performance results under the project to the General	1436
Assembly not later than December 31, 2002.	1437

Sec. 192.  There is hereby created the Instructional Subsidy	1438
and Challenge Review Committee. The Committee shall contain	1439
eleven members: the Chancellor of the Ohio Board of Regents or	1440
the chancellor's designee; two representatives of two-year	1441
colleges and two representatives of the state universities	1442
identified in section 3345.011 of the Revised Code, all four of	1443
whom shall be appointed jointly by the President of the Senate and	1444
the Speaker of the House of Representatives; three members of the	1445
Senate appointed by the President of the Senate, two of whom shall	1446
be members of the majority party and one of whom shall be a member	1447
of the minority party; and three members of the House of	1448
Representatives appointed by the Speaker of the House, two of whom	1449
shall be members of the majority party and one of whom shall be a	1450
member of the minority party. The Committee shall perform a	1451
comprehensive review of the allocation formula for the State Share	1452
of Instruction appropriation item as well as all of the	1453
"Challenge" appropriation items contained in the Board of Regents'	1454
budget and shall issue a report containing its recommendations to	1455
the General Assembly not later than December 31, 20012002. Upon	1456
issuance of its report, the Committee shall cease to exist."	1457

Section 4. That existing Sections 44.16 and 192 of Am. Sub.	1458
H.B. 94 of the 124th General Assembly are hereby repealed.	1459

Section 5. That Section 11 of Am. Sub. S.B. 1 of the 124th	1460
General Assembly be amended to read as follows:	1461

"       Sec. 11. (A) There is hereby established the Governor's	1462
Commission on Successful Teachers. The Commission shall recommend	1463
policies for the preparation, recruiting, hiring, and retention of	1464
teachers and shall recommend pilot programs to address the	1465
shortage of teachers, such as paid internships in mathematics and	1466
science and salary bonuses in hard-to-staff school districts or	1467
subject areas. The Commission shall issue a written report with	1468
its recommendations to the General Assembly not later than	1469
December 31, 2002. Upon issuance of its report the Commission	1470
shall cease to exist.	1471

The Commission shall consist of the following members:

1472

(1) Nine classroom teachers appointed by the Governor, at	1473
least three of whom are certified by the National Board for	1474
Professional Teaching Standards, at least two of whom are high	1475
school teachers, at least two of whom teach in grades six through	1476
eight, at least two of whom teach in grades kindergarten through	1477
six, and at least one of whom teaches special education;	1478

(2) Three school administrators, appointed by the Governor;

1479

(3) One person representing higher education, appointed by	1480
the Governor;	1481

(4) The Superintendent of Public Instruction or the	1482
Superintendent's designee;	1483

(5) The President of the State Board of Education or the	1484
President's designee;	1485

(6) The chairperson of the House of Representatives standing	1486
committee primarily responsible for education legislation or the	1487
chairperson's designee;	1488

(7) The chairperson of the Senate standing committee	1489
primarily responsible for education legislation or the	1490
chairperson's designee;	1491

(8) Any additional members the Governor wishes to include.

1492

(B) In conducting its work the Commission shall study and	1493
include recommendations regarding the following issues:	1494

(1) How to develop college and university teacher	1495
preparation programs that ensure that teachers are qualified to	1496
teach the courses in grades kindergarten through twelve that are	1497
required by law;	1498

(2) How to develop and operate incentive programs to	1499
encourage teachers to work in underserved school districts, such	1500
as large urban districts or districts in rural Appalachia, and	1501
underserved subject areas, such as mathematics, science, special	1502
education, and English as a second language;	1503

(3) How to best implement professional development	1504
activities for all teachers, particularly how to design such	1505
activities so that teachers understand how to administer and	1506
interpret diagnostic assessments and achievement tests that will	1507
be developed by the State Board of Education under sections	1508
3301.079 and 3301.0710 of the Revised Code, as enacted and	1509
amended, respectively, by this act, and so that teachers	1510
understand how to develop effective intervention tools for	1511
students in need of assistance;	1512

(4) How best to implement professional development programs	1513
in terms of the amount of time allotted for such programs	1514
including, but not limited to, the number of days each school	1515
district should devote to the programs or to what extent the	1516
programs should be configured as half-day in-service programs,	1517
two-hour programs, or full-day seminars;	1518

(5) How to provide the most effective regional delivery of	1519
professional development services;	1520

(6) How to create building-level mentoring or advisory	1521
programs under which an experienced teacher would assist others in	1522
the building to increase their effectiveness;	1523

(7) How to increase Ohio's participation in certification	1524
activities conducted by the National Board for Professional	1525
Teaching Standards;	1526

(8) How to structure alternative pathways to obtaining each	1527
type of educator license issued by the State Board of Education to	1528
encourage individuals interested in teaching to enter the	1529
profession."	1530

Section 6. That existing Section 11 of Am. Sub. S.B. 1 of the	1531
124th General Assembly is hereby repealed.	1532

Section 7.  No one-year conditional teaching permit in the	1533
area of intervention specialist shall be issued under this section	1534
later than three years after the effective date of this act.	1535

Unless the provisions of division (B) or (C) of section	1536
3319.31 of the Revised Code apply to an applicant, the State Board	1537
of Education shall issue a one-year conditional teaching permit in	1538
the area of intervention specialist, as defined by rule of the	1539
state board, to any applicant who meets the following conditions:	1540

(A) Holds a bachelor's degree;

1541

(B) Has successfully completed a basic skills test as	1542
prescribed by the State Board;	1543

(C) Has completed either as part of the applicant's degree	1544
program or separate from it the equivalent of at least fifteen	1545
semester hours of coursework in the principles and practices of	1546
teaching exceptional children, including such topics as child and	1547
adolescent development, diagnosis and assessment of children with	1548
disabilities, curriculum design and instruction, applied	1549
behavioral analysis, and how to best teach students from	1550
culturally diverse backgrounds with different learning styles;	1551

(D) The applicant has entered into a written agreement with	1552
the Department of Education and the school district, community	1553
school, or nonprofit or for profit entity operating an alternative	1554
school under section 3313.533 of the Revised Code that will employ	1555
the applicant under which the district, school, or entity will	1556
provide for the applicant a structured mentoring program in the	1557
teaching of exceptional children that is aligned with the	1558
performance expectations prescribed by State Board rule for	1559
entry-year teachers.	1560

(E) The applicant agrees to complete while employed under the	1561
one-year teaching permit the equivalent of an additional three	1562
semester hours of coursework in the content and methods of	1563
teaching reading. The coursework may be completed through classes	1564
offered by regional professional development providers, such as	1565
special education regional resource centers, regional professional	1566
development centers, educational service centers, local	1567
educational agencies, professional organizations, and institutions	1568
of higher education, if the coursework is taken for credit in	1569
collaboration with a college or university that has a teacher	1570
education program approved by the State Board.	1571

(F) The applicant agrees to seek at the conclusion of the	1572
year in which the individual is employed under the one-year	1573
teaching permit issued under this section an alternative educator	1574
license issued under section 3319.26 of the Revised Code in the	1575
area of intervention specialist. The applicant shall not be	1576
reemployed by the school district, community school, or nonprofit	1577
or for profit entity operating an alternative school under section	1578
3313.533 of the Revised Code or be employed by another such	1579
district, school, or entity unless that alternative educator	1580
license is issued to the applicant prior to the beginning of the	1581
next school year.	1582

(G) The applicant pays the fee established under section	1583
3319.51 of the Revised Code applicable to one-year conditional	1584
teaching permits issued under section 3319.302 of the Revised	1585
Code. Such fee shall be deposited in the State Board of Education	1586
Licensure Fund in accordance with division (B) of section 3319.51	1587
of the Revised Code.	1588

Section 8. Neither the amendment of rules 3301-23-44,	1589
3301-24-02, 3301-24-05, 3301-24-08, and 3301-24-09, the enactment	1590
of new rule 3301-24-04, nor the rescission of existing rule	1591
3301-24-04 of the Administrative Code, as proposed by the State	1592
Board of Education on July 9, 2001, or thereafter revised by the	1593
Board, are subject to the requirement of former division (B)(1) of	1594
section 3319.22 of the Revised Code that they be approved by the	1595
General Assembly through the passage of a concurrent resolution	1596
before they may take effect, notwithstanding that the proposed	1597
amendments, enactment, and rescission were filed in proposed form	1598
prior to the effective date of this act. The amendments,	1599
enactment, and rescission may take effect in accordance with	1600
section 3319.22 of the Revised Code, as amended by this act, and	1601
section 3319.23 of the Revised Code after they are filed in final	1602
form under Chapter 119. of the Revised Code.	1603

Section 9. This act is hereby declared to be an emergency	1604
measure necessary for the immediate preservation of the public	1605
peace, health, and safety. The reason for such necessity is that	1606
giving immediate effect to the provisions of this act will permit	1607
school district boards to take advantage of those provisions that	1608
could increase the number of available persons to fill faculty	1609
vacancies in time for the start of the next school year and, thus,	1610
to help correct the current teacher shortage problem facing many	1611
district boards. Therefore, this act shall go into immediate	1612
effect.	1613