REPRESENTATIVES Callender, Clancy, Cates, Hoops

To amend sections 307.031, 3301.07, 3301.0710,

1

3301.0711, 3301.0714, 3301.0717, 3301.801,

2

3301.91, 3302.02, 3302.03, 3302.04, 3302.05,

3

3313.532, 3313.60, 3313.603, 3313.608, 3313.6011,

4

3313.61, 3313.611, 3313.612, 3313.978, 3314.03,

5

3314.20, 3317.012, 3317.029, 3319.19, 3324.03,

6

3325.08, and 3365.15; to amend, for the purpose of

7

adopting new section numbers as indicated in

8

parentheses, sections 3301.079 (3301.078) and

9

3301.0712 (3301.0719); to enact new sections

10

3301.079, 3301.0712, and 3301.0715 and sections

11

3301.0713, 3301.0718, 3302.031, 3313.6012,

12

3313.614, and 3313.615; to repeal sections

13

3301.0715 and 3301.0716 of the Revised Code and to

14

repeal Section 4 of Am. Sub. S.B. 55 of the 122nd

15

General Assembly to implement recommendations of

16

the Governor's Commission for Student Success, and

17

to amend section 3313.608 of the Revised Code

18

effective July 1, 2003.

19

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

Section 1. That sections 307.031, 3301.07, 3301.0710,	20
3301.0711, 3301.0714, 3301.0717, 3301.801, 3301.91, 3302.02,	21
3302.03, 3302.04, 3302.05, 3313.532, 3313.60, 3313.603, 3313.608,	22
3313.6011, 3313.61, 3313.611, 3313.612, 3313.978, 3314.03,	23
3314.20, 3317.012, 3317.029, 3319.19, 3324.03, 3325.08, and	24
3365.15 be amended, sections 3301.079 (3301.078) and 3301.0712	25
(3301.0719) be amended for the purpose of adopting new section	26
numbers as indicated in parentheses, and new sections 3301.079,	27
3301.0712, and 3301.0715 and sections 3301.0713, 3301.0718,	28
3302.031, 3313.6012, 3313.614, and 3313.615 of the Revised Code be	29
enacted to read as follows:	30

Sec. 307.031.  As used in this section, "ADM" means the	31
average daily membership of an educational service center for	32
which a board of county commissioners is required to provide an	33
office under section 3319.19 of the Revised Code, as certified by	34
the superintendent of public instruction to the tax commissioner	35
pursuant to division (C) of that section.	36

(A) There is hereby created in the treasury of each county	37
in which the office of an educational service center is located	38
the educational service center governing board office fund. Any	39
moneys received by a board of county commissioners under division	40
(B) or (C) of this section shall be credited to the educational	41
service center governing board office fund in that county	42
treasury. The board of county commissioners shall utilize and	43
expend moneys from the fund solely to meet or to assist in meeting	44
the requirements of division (A) or (B) of section 3319.19 and	45
division (A)(2) of section 3301.0712 3301.0719 of the Revised Code	46
and any rules of the department of education regarding facilities	47
of educational service centers.	48

(B) For the purpose of this division, "licensed employee"	49
shall be defined by the department of education by rule.	50

(1) From moneys appropriated for the purposes of this	51
section, during March of each year the tax commissioner shall	52
determine for and distribute to the board of county commissioners	53
of each county in which an educational service center office is	54
located the amount required under divisions (B)(3) to (5) of this	55
section. If moneys appropriated for the purposes of this section	56
are not sufficient to provide that amount to each board of county	57
commissioners, the tax commissioner shall reduce the amount	58
distributed to each board of county commissioners by the	59
percentage that the amount of the moneys appropriated for the	60
purposes of this section is less than the total of the amounts	61
determined under divisions (B)(3) to (5) of this section for all	62
boards of county commissioners in the state.	63

(2) Except as provided in division (C) of this section,	64
moneys expended from the educational service center governing	65
board office fund may be used by a board of county commissioners	66
for the actual costs of meeting the requirements of division (A)	67
of this section. The board of county commissioners shall	68
calculate these costs and submit the calculations and the	69
methodology for the calculation to the educational service center	70
superintendent at least thirty days prior to expending moneys from	71
the educational service center governing board office fund. The	72
educational service center superintendent may question any item or	73
cost, or the methodology of arriving at the cost of any item.	74

(3) Except as provided under division (B)(5) of this	75
section, if the ratio of the ADM to the number of full-time	76
equivalent licensed employees of the educational service center	77
governing board equals or exceeds one hundred to one, the amount	78
distributed under division (B)(1) of this section to a board of	79
county commissioners shall be the greater of the following:	80

(a) An amount equal to six dollars times the ADM,;

81

(b) Fifteen thousand dollars.

82

(4) Except as provided under division (B)(5) of this	83
section, if the ratio of the ADM to the number of full-time	84
equivalent licensed employees of the educational service center	85
governing board is less than one hundred to one, the amount	86
distributed under division (B)(1) of this section to a board of	87
county commissioners shall be the greater of the following:	88

(a) An amount equal to the total of six dollars times the	89
ADM plus two hundred fifty dollars times the number of full-time	90
equivalent licensed employees of the educational service center	91
governing board;	92

(b) Fifteen thousand dollars.

93

(5) If the amount determined under division (B)(3) or (4) of	94
this section for a board of county commissioners exceeds the	95
actual cost to the board of providing and equipping offices for	96
the use of the educational service center superintendent of	97
schools as required under division (A) or (B) of section 3319.19	98
and division (A)(2) of section 3301.0712 3301.0719 of the Revised	99
Code, the amount distributed to the board of county commissioners	100
under division (B)(1) of this section shall equal the actual cost.	101

(C) Any amount appropriated by the general assembly for the	102
purposes of this section in any fiscal year and remaining after	103
the distribution to boards of county commissioners pursuant to	104
division (B) of this section shall be distributed by the tax	105
commissioner in accordance with this division and division (D) of	106
section 3319.19 of the Revised Code.	107

A board of county commissioners, upon receiving the notice	108
from the superintendent of public instruction of the selection of	109
a grant proposal as submitted or modified and the amount of any	110
grant to be distributed to the board pursuant to division (D) of	111
section 3319.19 of the Revised Code, shall adopt a resolution to	112
either accept or reject the selected proposal and grant, and shall	113
submit copies of the resolution to the superintendent of public	114
instruction, the educational service center superintendent, and	115
the tax commissioner. Upon receipt of a resolution accepting a	116
proposal and grant from a board, the tax commissioner shall pay to	117
the board the amount of the grant certified by the superintendent	118
of public instruction. Upon acceptance, the board shall deposit	119
the moneys in the educational service center governing board	120
office fund and may expend such moneys as set forth in division	121
(B)(2) of this section or as specifically provided for in the	122
grant proposal selected by the superintendent of public	123
instruction.	124

Sec. 3301.07.  The state board of education shall exercise	125
under the acts of the general assembly general supervision of the	126
system of public education in the state. In addition to the	127
powers otherwise imposed on the state board under the provisions	128
of law, the board shall have the following powers:	129

(A) Exercise policy forming, planning, and evaluative	130
functions for the public schools of the state, and for adult	131
education, except as otherwise provided by law;	132

(B) Exercise leadership in the improvement of public	133
education in this state, and administer the educational policies	134
of this state relating to public schools, and relating to	135
instruction and instructional material, building and equipment,	136
transportation of pupils, administrative responsibilities of	137
school officials and personnel, and finance and organization of	138
school districts, educational service centers, and territory.	139
Consultative and advisory services in such matters shall be	140
provided by the board to school districts and educational service	141
centers of this state. The board also shall develop a standard of	142
financial reporting which shall be used by all school districts	143
and educational service centers to make their financial	144
information available to the public in a format understandable by	145
the average citizen and provide year-to-year comparisons for at	146
least five years. The format shall show, among other things,	147
district and educational service center revenue by source;	148
expenditures for salaries, wages, and benefits of employees,	149
showing such amounts separately for classroom teachers, other	150
employees required to hold licenses issued pursuant to sections	151
3319.22 to 3319.31 of the Revised Code, and all other employees;	152
expenditures other than for personnel, by category, including	153
utilities, textbooks and other educational materials, equipment,	154
permanent improvements, pupil transportation, extracurricular	155
athletics, and other extracurricular activities; and per pupil	156
expenditures.	157

(C) Administer and supervise the allocation and distribution	158
of all state and federal funds for public school education under	159
the provisions of law, and may prescribe such systems of	160
accounting as are necessary and proper to this function. It may	161
require county auditors and treasurers, boards of education,	162
educational service center governing boards, treasurers of such	163
boards, teachers, and other school officers and employees, or	164
other public officers or employees, to file with it such reports	165
as it may prescribe relating to such funds, or to the management	166
and condition of such funds.	167

(D) Formulate and prescribe minimum standards to be applied	168
to all elementary and secondary schools in this state for the	169
purpose of requiring a general education of high quality. Such	170
standards shall provide adequately for: a curriculum sufficient to	171
meet the needs of pupils in every community; locally developed	172
competency programs; the licensing of teachers, administrators,	173
and other professional personnel and their assignment according to	174
training and qualifications; efficient and effective instructional	175
materials and equipment, including library facilities; the proper	176
organization, administration, and supervision of each school,	177
including regulations for preparing all necessary records and	178
reports and the preparation of a statement of policies and	179
objectives for each school; buildings, grounds, health and	180
sanitary facilities and services; admission of pupils, and such	181
requirements for their promotion from grade to grade as will	182
assure that they are capable and prepared for the level of study	183
to which they are certified; requirements for graduation; and such	184
other factors as the board finds necessary.	185

In the formulation and administration of such standards for	186
nonpublic schools the board shall also consider the particular	187
needs, methods and objectives of those schools, provided they do	188
not conflict with the provision of a general education of a high	189
quality and provided that regular procedures shall be followed for	190
promotion from grade to grade of pupils who have met the	191
educational requirements prescribed.	192

(E) Formulate and prescribe minimum standards for driver	193
education courses conducted at high schools in the state or by	194
educational service centers or joint vocational school district	195
boards of education. In the formulation of standards for driver	196
education courses, the board shall call upon the director of	197
public safety for advice and assistance. The standards shall	198
require twenty-four hours of classroom instruction, and eight	199
hours of actual behind-the-wheel instruction conducted on public	200
streets and highways of this state, but shall not require any	201
additional hours of observation within a vehicle. The board shall	202
require energy conservation information as part of the driver	203
education curriculum. Such information shall include, but need	204
not be limited to, the identification of inefficient driving	205
techniques and improper maintenance as they relate to decreased	206
gas mileage, information regarding the costs and benefits of	207
different modes of travel, and information concerning relative	208
fuel economy and life-cycle costs of new automobile purchases. The	209
board also shall require financial responsibility information as	210
part of the driver education curriculum. The board also may	211
require as part of the health and driver education curricula	212
information developed under section 2108.15 of the Revised Code	213
promoting the donation of anatomical gifts pursuant to Chapter	214
2108. of the Revised Code and provide the information to high	215
schools, educational service centers, and joint vocational school	216
district boards of education.	217

(F) Prepare and submit annually to the governor and the	218
general assembly a report on the status, needs, and major problems	219
of the public schools of the state, with recommendations for	220
necessary legislative action and a ten-year projection of the	221
state's public and nonpublic school enrollment, by year and by	222
grade level;	223

(G) Prepare and submit to the director of budget and	224
management the biennial budgetary requests of the state board of	225
education, for its agencies and for the public schools of the	226
state;	227

(H) Cooperate with federal, state, and local agencies	228
concerned with the health and welfare of children and youth of the	229
state;	230

(I) Require such reports from school districts and	231
educational service centers, school officers, and employees as are	232
necessary and desirable. The superintendents and treasurers of	233
school districts and educational service centers shall certify as	234
to the accuracy of all reports required by law or state board or	235
state department of education rules to be submitted by the	236
district or educational service center and which contain	237
information necessary for calculation of state funding. Any	238
superintendent who knowingly falsifies such report shall be	239
subject to license revocation pursuant to section 3319.31 of the	240
Revised Code.	241

(J) In accordance with Chapter 119. of the Revised Code,	242
adopt procedures, standards, and guidelines for the education of	243
handicapped children pursuant to Chapter 3323. of the Revised	244
Code, including procedures, standards, and guidelines governing	245
programs and services operated by county boards of mental	246
retardation and developmental disabilities pursuant to section	247
3323.09 of the Revised Code;	248

(K) For the purpose of encouraging the development of	249
special programs of education for academically gifted children,	250
employ competent persons to analyze and publish data, promote	251
research, advise and counsel with boards of education, and	252
encourage the training of teachers in the special instruction of	253
gifted children. The board may provide financial assistance out	254
of any funds appropriated for this purpose to boards of education	255
and educational service center governing boards for developing and	256
conducting programs of education for academically gifted children.	257

(L) Require that all public schools emphasize and encourage,	258
within existing units of study, the teaching of energy and	259
resource conservation as recommended to each district board of	260
education by leading business persons involved in energy	261
production and conservation, beginning in the primary grades;	262

(M) Formulate and prescribe minimum standards requiring the	263
use of phonics as a technique in the teaching of reading in grades	264
kindergarten through three. In addition, the state board shall	265
provide in-service training programs for teachers on the use of	266
phonics as a technique in the teaching of reading in grades	267
kindergarten through three.	268

(N) Develop and modify as necessary a state plan for	269
technology to encourage and promote the use of technological	270
advancements in educational settings.	271

The board may adopt rules necessary for carrying out any	272
function imposed on it by law, and may provide rules as are	273
necessary for its government and the government of its employees,	274
and may delegate to the superintendent of public instruction the	275
management and administration of any function imposed on it by	276
law. It may provide for the appointment of board members to serve	277
on temporary committees established by the board for such purposes	278
as are necessary. Permanent or standing committees shall not be	279
created.	280

Sec. 3301.079.        Sec.  .        Sec. 3301.078.  The state board of education shall	281
adopt a standard restricting to not more than twenty-five pupils,	282
the size of any class in which instruction is provided to	283
bilingual multicultural pupils by a teacher holding a license to	284
teach bilingual pupils pursuant to section 3319.22 of the Revised	285
Code.	286

Sec. 3301.079. (A)(1) Not later than December 31, 2001, the	287
state board of education shall adopt statewide academic standards	288
for each of grades kindergarten through twelve in reading,	289
writing, and mathematics. Not later than December 31, 2002, the	290
state board shall adopt statewide academic standards for each of	291
grades kindergarten through twelve in science and social studies.	292
The standards shall specify the academic content and skills that	293
students are expected to know and be able to do at each grade	294
level.	295

(2) When academic standards have been completed for any	296
subject area required by this division, the state board shall	297
inform all school districts of the content of those standards.	298

(B) Not later than eighteen months after the completion of	299
academic standards for any subject area required by division (A)	300
of this section, the state board shall adopt a model curriculum	301
for instruction in that subject area for each of grades	302
kindergarten through twelve that is sufficient to meet the needs	303
of students in every community. The model curriculum shall be	304
aligned with the standards to ensure that the academic content and	305
skills specified for each grade level are taught to students.	306
When any model curriculum has been completed, the state board	307
shall inform all school districts of the content of that model	308
curriculum.	309

All school districts may utilize the state standards and the	310
model curriculum established by the state board, together with	311
other relevant resources, examples, or models to ensure that	312
students have the opportunity to attain the academic standards.	313
Upon request, the department of education shall provide technical	314
assistance to any district in implementing the model curriculum.	315

Nothing in this section requires any school district to	316
utilize all or any part of a model curriculum developed under this	317
division.	318

(C) The state board shall develop achievement tests aligned	319
with the academic standards and model curriculum for each of the	320
subject areas and grade levels required by section 3301.0710 of	321
the Revised Code.	322

When any achievement test has been completed, the state board	323
shall inform all school districts of its completion, and the	324
department of education shall make the achievement test available	325
to the districts. School districts shall administer the	326
achievement test beginning in the school year indicated in section	327
3301.0712 of the Revised Code.	328

(D)(1) Not later than July 1, 2007, and except as provided	329
in division (D)(3) of this section, the state board shall adopt a	330
diagnostic assessment aligned with the academic standards and	331
model curriculum for each of grades kindergarten through two in	332
reading, writing, and mathematics and for each of grades three	333
through eight in reading, writing, mathematics, science, and	334
social studies. The diagnostic assessment shall be designed to	335
measure student comprehension of academic content and mastery of	336
related skills for the relevant subject area and grade level. Any	337
diagnostic assessment shall not include components to identify	338
gifted students. Blank copies of diagnostic tests shall be public	339
records.	340

(2) When each diagnostic assessment has been completed, the	341
state board shall inform all school districts of its completion	342
and the department of education shall make the diagnostic	343
assessment available to the districts at no cost to the district.	344
School districts shall administer the diagnostic assessment	345
pursuant to section 3301.0715 of the Revised Code beginning the	346
first school year following the development of the assessment.	347

(3) The state board shall not adopt a diagnostic assessment	348
for any subject area and grade level for which the state board	349
develops an achievement test under division (C) of this section.	350

(E) Whenever the state board or the department of education	351
consults with persons for the purpose of drafting or reviewing any	352
standards, diagnostic assessments, achievement tests, or model	353
curriculum required under this section, the state board or the	354
department shall first consult with parents of students in	355
kindergarten through twelfth grade and with active Ohio classroom	356
teachers, other school personnel, and administrators with	357
expertise in the appropriate subject area. Whenever practicable,	358
the state board and department shall consult with teachers	359
recognized as outstanding in their fields.	360

(F) Not later than forty-five days prior to any deadline	361
established under division (A) or (B) of this section for the	362
adoption of academic standards or model curricula, the	363
superintendent of public instruction shall present the relevant	364
academic standards or curricula to a joint meeting of the house of	365
representatives and senate committees with jurisdiction over	366
education legislation.	367

(G) The fairness sensitivity review committee, established	368
by rule of the state board of education, shall not allow any	369
question on any achievement test or diagnostic assessment	370
developed under this section or any proficiency test prescribed by	371
former section 3301.0710 of the Revised Code, as it existed prior	372
to the effective date of this section, to include, be written to	373
promote, or inquire as to individual moral or social values or	374
beliefs. The decision of the committee shall be final. This	375
section does not create a private cause of action.	376

Sec. 3301.0710.  The state board of education shall adopt	377
rules establishing a statewide program to test student proficiency	378
for the purpose of ensuring achievement. The state board shall	379
ensure that all tests administered under the testing program are	380
aligned with the academic standards and model curricula adopted by	381
the state board and are created with input from Ohio parents, Ohio	382
classroom teachers, Ohio school administrators, and other Ohio	383
school personnel pursuant to section 3301.079 of the Revised Code.	384

The testing program shall be designed to ensure that students	385
who receive a high school diploma demonstrate at least high school	386
levels of proficiency achievement in reading, writing,	387
mathematics, science, and citizenship social studies. In order to	388
determine this proficiency, the minimum standards shall be	389
appropriate for tenth grade proficiency level in each of the	390
specified areas.	391

(A)(1) The state board shall prescribe five statewide	392
proficiency tests, one each designed to measure skill in reading,	393
writing, mathematics, science, and citizenship, and shall	394
determine and designate the score on each such test that shall be	395
deemed to demonstrate that any student attaining such score has	396
achieved at least a fourth grade level of proficiency in the	397
measured skill.	398

(2) The state board shall prescribe five statewide	399
proficiency tests, one each designed to measure skill in reading,	400
writing, mathematics, science, and citizenship, and determine and	401
designate the score on each such test that is deemed to	402
demonstrate that any student attaining such score has achieved at	403
least a sixth grade level of proficiency in the measured skill.	404

(3) The state board shall prescribe five statewide	405
proficiency tests, one each designed to measure skill in reading,	406
writing, mathematics, science, and citizenship, and shall	407
determine and designate the score on each such test that shall be	408
deemed to demonstrate that any student attaining such score has	409
achieved at least a twelfth grade level of proficiency in the	410
measured skill. The state board shall prescribe all of the	411
following:	412

(a) A statewide achievement test designed to measure the	413
level of reading skill expected at the end of third grade;	414

(b) Two statewide achievement tests, one each designed to	415
measure the level of writing and mathematics skill expected at the	416
end of fourth grade;	417

(c) Two statewide achievement tests, one each designed to	418
measure the level of science and social studies skill expected at	419
the end of fifth grade;	420

(d) Three statewide achievement tests, one each designed to	421
measure the level of reading, writing, and mathematics skill	422
expected at the end of seventh grade;	423

(e) Two statewide achievement tests, one each designed to	424
measure the level of science and social studies skill expected at	425
the end of eighth grade.	426

(2) The state board shall determine and designate at least	427
four ranges of scores on each of the achievement tests described	428
in division (A)(1) of this section. Each range of scores shall be	429
deemed to demonstrate a level of achievement so that any student	430
attaining a score within such range has achieved one of the	431
following:	432

(a) An advanced level of skill;

433

(b) A proficient level of skill;

434

(c) A basic level of skill;

435

(d) A below basic level of skill.	436

(B) The tests prescribed under this division shall	437
collectively be known as the Ohio graduation tests. The state	438
board shall prescribe five statewide high school proficiency	439
achievement tests, one each designed to measure skill in the level	440
of reading, writing, mathematics, science, and citizenship social	441
studies skill expected at the end of tenth grade, and shall	442
determine and designate the score on each such test that shall be	443
deemed to demonstrate that any student attaining such score has	444
achieved at least the a proficient level of proficiency in the	445
measured skill appropriate for tenth grade.	446

The state board may enter into a reciprocal agreement with	447
the appropriate body or agency of any other state that has similar	448
statewide proficiency achievement testing requirements for	449
receiving high school diplomas, under which any student who has	450
met a proficiency an achievement testing requirement of one state	451
is recognized as having met the similar proficiency achievement	452
testing requirement of the other state for purposes of receiving a	453
high school diploma. For purposes of this section and sections	454
3301.0711 and 3313.61 of the Revised Code, any student enrolled in	455
any public high school in this state and who has met a proficiency	456
an achievement testing requirement specified in a reciprocal	457
agreement entered into under this division shall be deemed to have	458
attained at least the applicable score designated under this	459
division on each test required by this division that is specified	460
in the agreement.	461

(C) The state board shall annually designate as follows the	462
dates on which the tests prescribed under this section shall be	463
administered:	464

(1) For the test prescribed under division (A)(1)(a) of this	465
section to measure skill in reading, as follows:	466

(a) For students entering fourth grade in school years that	467
start prior to July 1, 2001, the same dates prescribed under	468
division (C)(2) of this section for the tests prescribed under	469
division (A)(1) of this section to measure skill in writing,	470
mathematics, science, and citizenship;	471

(b) For students entering fourth grade beginning with the	472
school year that starts July 1, 2001:	473

(i) One date prior to the thirty-first day of December each	474
school year;	475

(ii) Any dates prescribed under division (C)(2) of this	476
section for the tests prescribed under division (A)(1) of this	477
section to measure skill in writing, mathematics, science, and	478
citizenship;	479

(iii)(b) At least one date of each school year that is not	480
earlier than Monday of the week containing the eighth day of	481
March;	482

(c) One date during the summer for students receiving summer	483
remediation services under division (B)(3) of section 3313.608 of	484
the Revised Code.	485

(2) For the tests prescribed under division divisions	486
(A)(1)(b), (c), (d), and (e) of this section to measure skill in	487
writing, mathematics, science, and citizenship and the tests	488
prescribed under division (A)(2) of this section, at least one	489
date of each school year that is not earlier than Monday of the	490
week containing the fifteenth eighth day of March;	491

(3) For the tests prescribed under division (A)(3) of this	492
section, at least one date subsequent to the thirty-first day of	493
December but prior to the thirty-first day of March of each school	494
year;	495

(4) For the tests prescribed under division (B) of this	496
section, at least one date in each school year that is not earlier	497
than Monday of the week containing the fifteenth day of March for	498
all tenth grade students and at least one date prior to the	499
thirty-first day of December and at least one date subsequent to	500
that date but prior to the thirty-first day of March of each	501
school year for eleventh and twelfth grade students.	502

(D) In prescribing test dates pursuant to division (C)(4)(3)	503
of this section, the board shall, to the greatest extent	504
practicable, provide options to school districts in the case of	505
tests administered under that division to eleventh and twelfth	506
grade students and in the case of tests administered to students	507
pursuant to division (C)(2) of section 3301.0711 of the Revised	508
Code. Such options shall include at least an opportunity for	509
school districts to give such tests outside of regular school	510
hours.	511

(E) In prescribing test dates pursuant to this section, the	512
state board of education shall designate the dates in such a way	513
as to allow a reasonable length of time between the administration	514
of tests prescribed under this section and any administration of	515
the National Assessment of Education Progress Test given to	516
students in the same grade level pursuant to section 3301.27 of	517
the Revised Code.	518

Sec. 3301.0711.  (A) The department of education shall:

519

(1) Annually furnish to, grade, and score all tests required	520
by section 3301.0710 of the Revised Code to be administered by	521
city, local, and exempted village, and joint vocational school	522
districts;. In awarding contracts for grading tests, the	523
department shall give preference to Ohio-based entities employing	524
Ohio residents.	525

(2) Adopt rules for the ethical use of tests and prescribing	526
the manner in which the tests prescribed by section 3301.0710 of	527
the Revised Code shall be administered to students.	528

(B) Except as provided in divisions (C) and (J)(2) of this	529
section, the board of education of each city, local, and exempted	530
village school district shall, in accordance with rules adopted	531
under division (A) of this section:	532

(1) Administer the test prescribed under division (A)(1)(a)	533
of section 3301.0710 of the Revised Code to measure skill in	534
reading as follows:	535

(a) For students entering fourth grade in school years that	536
start prior to July 1, 2001, at least once annually to all	537
students in the fourth grade;	538

(b) For students entering fourth grade beginning with the	539
school year that starts July 1, 2001, twice annually to all	540
students in the fourth third grade who have not attained the score	541
designated for that test under division (A)(1)(2)(b) of section	542
3301.0710 of the Revised Code and once each summer to students	543
receiving summer remediation services under division (B)(3) of	544
section 3313.608 of the Revised Code.	545

(2) Administer the tests prescribed under division (A)(1)(b)	546
of section 3301.0710 of the Revised Code to measure skill in	547
writing, mathematics, science, and citizenship at least once	548
annually to all students in the fourth grade.	549

(3) Administer the tests prescribed under division	550
(A)(2)(1)(c) of section 3301.0710 of the Revised Code at least	551
once annually to all students in the sixth fifth grade.	552

(4) Administer any the tests prescribed under division	553
(A)(3)(1)(d) of section 3301.0710 of the Revised Code at least	554
once annually to any student all students in the twelfth seventh	555
grade who, on all the tests prescribed under division (B) of that	556
section, has attained the applicable scores designated under such	557
division prior to the first day of January of that year.	558

(5) Administer the tests prescribed under division (A)(1)(e)	559
of section 3301.0710 of the Revised Code at least once annually to	560
all students in the eighth grade.	561

(6) Except as provided in division (B)(7) of this sections,	562
administer any test prescribed under division (B) of section	563
3301.0710 of the Revised Code as follows:	564

(a) At least once annually to all tenth grade students and	565
at least twice annually to all students in eleventh or twelfth	566
grade who have not yet attained the score on that test designated	567
under that division;	568

(b) To any person who has successfully completed the	569
curriculum in any high school or the individualized education	570
program developed for the person by any high school pursuant to	571
section 3323.08 of the Revised Code but has not received a high	572
school diploma and who requests to take such test, at any time	573
such test is administered in the district.	574

(7) In lieu of the board of education of any city, local, or	575
exempted village school district in which the student is also	576
enrolled, the board of a joint vocational school district shall	577
administer any test prescribed under division (B) of section	578
3301.0710 of the Revised Code at least twice annually to any	579
student enrolled in the joint vocational school district who has	580
not yet attained the score on that test designated under that	581
division. A board of a joint vocational school district may also	582
administer such a test to any student described in division	583
(B)(6)(b) of this section.	584

(C)(1)(a) Any student receiving special education services	585
under Chapter 3323. of the Revised Code shall may be excused from	586
taking any particular test required to be administered under this	587
section if the individualized education program developed for the	588
student pursuant to section 3323.08 of the Revised Code excuses	589
the student from taking that test. In the case of any student so	590
excused from taking a test, the school district board of education	591
shall not prohibit the student from taking the test. Any and	592
instead specifies an alternate assessment method approved by the	593
department of education as conforming to requirements of federal	594
law for receipt of federal funds for disadvantaged pupils. To the	595
extent possible, the individualized education program shall not	596
excuse the student from taking a test unless no reasonable	597
accommodation can be made to enable the student to take the test.	598

(b) Any alternate assessment approved by the department	599
for a student under this division shall produce measurable results	600
comparable to those produced by the tests which the alternate	601
assessments are replacing in order to allow for the student's	602
assessment results to be included in the data compiled for a	603
school district under section 3302.03 of the Revised Code.	604

(c) Any student enrolled in a chartered nonpublic school	605
who has been identified, based on an evaluation conducted in	606
accordance with section 3323.03 of the Revised Code or section 504	607
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	608
794, as amended, as a child with a disability shall be excused	609
from taking any particular test required to be administered under	610
this section if a plan developed for the student pursuant to rules	611
adopted by the state board excuses the student from taking that	612
test. In the case of any student so excused from taking a test,	613
the chartered nonpublic school shall not prohibit the student from	614
taking the test.	615

(2) A district board may, for medical reasons or other good	616
cause, excuse a student from taking a test administered under this	617
section on the date scheduled, but any such test shall be	618
administered to such excused student not later than nine days	619
following the scheduled date. The board shall annually report the	620
number of students who have not taken one or more of the tests	621
required by this section to the state board of education not later	622
than the thirtieth day of June.	623

(3) As used in this division, "English-limited student"	624
means a student whose primary language is not English and, who has	625
been enrolled in United States schools for less than two three	626
full school years, and who within the school year has been	627
identified, in accordance with criteria provided by the department	628
of education, as lacking adequate proficiency in English for a	629
test under this section to produce valid results with respect to	630
that student's academic progress.	631

A school district board or governing authority of a nonpublic	632
school may grant a temporary, one-year exemption from any test	633
administered under this section to an English-limited student. Not	634
more than three temporary one-year exemptions may be granted to	635
any student. During any school year in which a student is excused	636
from taking one or more tests administered under this section, the	637
school district shall assess that student's progress in learning	638
English, in accordance with procedures approved by the department.	639

No English-limited student shall be required to take any test	640
administered under this section. However, no district board or	641
governing authority of a chartered nonpublic school shall prohibit	642
an English-limited student from taking a test under this section.	643

(D) In the school year next succeeding the school year in	644
which the tests prescribed by division (A)(1) of section 3301.0710	645
of the Revised Code or former division (A)(1) or (B) of section	646
3301.0710 of the Revised Code as it existed prior to the effective	647
date of this amendment are administered to any student, the board	648
of education of any school district in which the student is	649
enrolled in that year shall provide to the student intervention	650
services to the student commensurate with the student's test	651
performance, including any intensive intervention required under	652
section 3313.608 of the Revised Code, in any skill in which the	653
student failed on those tests to demonstrate at least fourth-grade	654
levels of literacy and basic competency a score at the proficient	655
level on a proficiency test or a score in the basic range on an	656
achievement test. This division does not apply to any student	657
receiving services pursuant to an individualized education program	658
developed for the student pursuant to section 3323.08 of the	659
Revised Code.	660

(E) Except as provided in section 3313.608 of the Revised	661
Code and division (M) of this section, no school district board of	662
education shall permit utilize any student to be denied promotion	663
to a higher grade level solely because of the student's failure to	664
attain a specified score on any test administered under this	665
section as a factor in any decision to deny the student promotion	666
to a higher grade level. However, a district board may choose not	667
to promote to the next grade level any student who does not take	668
any proficiency test administered under this section or make up	669
such test as provided by division (C)(2) of this section and who	670
is not exempted from the requirement to take the test under	671
division (C)(1) or (3) of this section.	672

(F) No person shall be charged a fee for taking any test	673
administered under this section.	674

(G) Not later than sixty days after any administration of	675
any test prescribed by section 3301.0710 of the Revised Code, the	676
department shall send to each school district board a list of the	677
individual test scores of all persons taking the test. For any	678
tests administered under this section by a joint vocational school	679
district, the department shall also send to each city, local, or	680
exempted village school district a list of the individual test	681
scores of any students of such city, local, or exempted village	682
school district who are attending school in the joint vocational	683
school district.	684

(H) Individual test scores on any tests administered under	685
this section shall be released by a district board only in	686
accordance with section 3319.321 of the Revised Code and the rules	687
adopted under division (A) of this section. No district board or	688
its employees shall utilize individual or aggregate test results	689
in any manner that conflicts with rules for the ethical use of	690
tests adopted pursuant to division (A) of this section.	691

(I) Except as provided in division (G) of this section, the	692
department shall not release any individual test scores on any	693
test administered under this section and shall adopt rules to	694
ensure the protection of student confidentiality at all times.	695

(J) Notwithstanding division (D) of section 3311.19 and	696
division (D) of section 3311.52 of the Revised Code, this section	697
does not apply to the board of education of any joint vocational	698
or cooperative education school district except as provided under	699
rules adopted pursuant to this division.	700

(1) In accordance with rules that the state board of	701
education shall adopt, the board of education of any city,	702
exempted village, or local school district with territory in a	703
joint vocational school district or a cooperative education school	704
district established pursuant to divisions (A) to (C) of section	705
3311.52 of the Revised Code may enter into an agreement with the	706
board of education of the joint vocational or cooperative	707
education school district for administering any test prescribed	708
under this section to students of the city, exempted village, or	709
local school district who are attending school in the joint	710
vocational or cooperative education school district.	711

(2) In accordance with rules that the state board of	712
education shall adopt, the board of education of any city,	713
exempted village, or local school district with territory in a	714
cooperative education school district established pursuant to	715
section 3311.521 of the Revised Code shall enter into an agreement	716
with the cooperative district that provides for the administration	717
of any test prescribed under this section to both of the	718
following:	719

(a) Students who are attending school in the cooperative	720
district and who, if the cooperative district were not	721
established, would be entitled to attend school in the city,	722
local, or exempted village school district pursuant to section	723
3313.64 or 3313.65 of the Revised Code;	724

(b) Persons described in division (B)(5)(6)(b) of this	725
section.	726

Any testing of students pursuant to such an agreement shall	727
be in lieu of any testing of such students or persons pursuant to	728
this section.	729

(K)(1) Any chartered nonpublic school may participate in the	730
testing program by administering any of the tests prescribed by	731
section 3301.0710 of the Revised Code if the chief administrator	732
of the school specifies which tests the school wishes to	733
administer. Such specification shall be made in writing to the	734
superintendent of public instruction prior to the first day of	735
August of any school year in which tests are administered and	736
shall include a pledge that the nonpublic school will administer	737
the specified tests in the same manner as public schools are	738
required to do under this section and rules adopted by the	739
department.	740

(2) The department of education shall furnish the tests	741
prescribed by section 3301.0710 of the Revised Code to any	742
chartered nonpublic school electing to participate under this	743
division.	744

(L)(1) Except as provided in division (L)(3) of this section,	745
the The superintendent of the state school for the blind and the	746
superintendent of the state school for the deaf shall administer	747
the tests described by section 3301.0710 of the Revised Code. Each	748
superintendent shall administer the tests in the same manner as	749
district boards are required to do under this section and rules	750
adopted by the department of education and in conformity with	751
division (C)(1)(a) of this section.	752

(2) The department of education shall furnish the tests	753
described by section 3301.0710 of the Revised Code to each	754
superintendent.	755

(3) Any student enrolled in the state school for the blind	756
or the state school for the deaf shall be excused from taking any	757
particular test required to be administered under division (L)(1)	758
of this section if the individualized education program developed	759
for the student pursuant to section 3323.08 of the Revised Code	760
excuses the student from taking that test. In the case of any	761
student so excused from taking a test, the superintendent of the	762
school shall not prohibit the student from taking the test.	763

(M) Notwithstanding division (E) of this section, beginning	764
July 1, 1999, a school district may retain any student for an	765
additional year in such student's current grade level if such	766
student has failed to attain the designated scores on three or	767
more of the five use a student's failure to attain a score in at	768
least the basic range on any of the tests described by division	769
(A)(1) or (2)(b), (c), (d), or (e) of section 3301.0710 of the	770
Revised Code as a factor in retaining that student in the current	771
grade level.	772

This division does not supersede the requirements of section	773
3313.608 of the Revised Code.	774

(N)(1) All proficiency tests required by section 3301.0710	775
of the Revised Code shall become public records pursuant to	776
section 149.43 of the Revised Code on the first day of July	777
following the school year that the test was administered.	778

(2) The department may field test proposed proficiency test	779
questions with samples of students to determine the validity,	780
reliability, or appropriateness of test questions for possible	781
inclusion in a future year's proficiency test.	782

Field test questions shall not be considered in computing	783
test scores for individual students. Field test questions may be	784
included as part of the administration of any proficiency test	785
required by section 3301.0710 of the Revised Code.	786

(3) Any field test question administered under division	787
(N)(2) of this section shall not be a public record. Such field	788
test questions shall be redacted from any proficiency tests which	789
are released as a public record pursuant to division (N)(1) of	790
this section.	791

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	792
3301.0711 of the Revised Code, the state board of education shall	793
continue to prescribe and the department of education and each	794
school district shall continue to administer any proficiency test	795
as required by those former sections until the applicable	796
achievement test, as indicated on the chart below, has been	797
developed and made available in accordance with section 3301.079	798
of the Revised Code. Thereafter, such achievement test shall be	799
administered to students under sections 3301.0710 and 3301.0711 of	800
the Revised Code. School districts shall continue to provide	801
intervention services as required under former division (D) of	802
section 3301.0711 of the Revised Code to students who fail to	803
attain a score in the proficient range on a fourth grade	804
proficiency test.	805

(B) The state board shall continue to prescribe and school	834
districts and chartered nonpublic schools shall continue to	835
administer ninth grade proficiency tests in reading, writing,	836
mathematics, science, and citizenship to students who enter ninth	837
grade prior to July 1, 2003, for as long as those students remain	838
eligible under section 3313.614 of the Revised Code to receive	839
their high school diplomas based on passage of those ninth grade	840
proficiency tests. No student who enters ninth grade prior to	841
July 1, 2003, is required to take any Ohio graduation test, even	842
if any are administered to the student's grade level, until the	843
student is required by section 3313.614 of the Revised Code to	844
pass Ohio graduation tests to receive a high school diploma.	845

Sec. 3301.0713. (A) The state board of education shall	846
recommend a plan to the general assembly for developing and	847
implementing a series of end-of-course examinations aligned with	848
the academic standards described in section 3301.079 of the	849
Revised Code to be administered to high school students upon the	850
completion of specified courses as an alternative to passing the	851
tests required under division (B) of section 3301.0710 of the	852
Revised Code to receive a high school diploma.	853

(B) The state board shall appoint a committee to develop	854
recommendations to incorporate end-of-program assessments for	855
career-technical education programs in a manner similar to the	856
plan for end-of-course examinations required under division (A) of	857
this section. The committee shall present its recommendations to	858
the state board. The committee shall include representatives from	859
each of the following groups:	860

(1) Business;

861

(2) Labor;

862

(3) Career-technical education workforce development	863
teachers;	864

(4) Career-technical education administrators represented	865
by a superintendent of a joint vocational school district;	866

(5) Career-technical education administrators represented	867
by a director of a city career-technical education school;	868

(6) Parents;

869

(7) Career-technical education student organizations;

870

(8) Alumni of career-technical education workforce	871
development programs.	872

In developing its recommendations, the committee shall	873
consider the feasibility of substituting industry, state, or	874
national certification examinations, when available, for	875
end-of-program assessments for career-technical education	876
programs. The committee shall also consider appropriate measures	877
of student performance for career-technical education programs and	878
methods of reporting such data to the public.	879

(C) The department of education shall fund all development	880
costs associated with any career-technical education	881
end-of-program assessment recommendations made pursuant to	882
division (B) of this section. In the event that such assessments	883
are adopted as an alternative for the Ohio graduation tests	884
required under division (B) of section 3301.0710 of the Revised	885
Code, the department shall fund all implementation and	886
administration costs associated with those assessments.	887

Sec. 3301.0714.  (A) The state board of education shall	888
adopt rules for a statewide education management information	889
system. The rules shall require the state board to establish	890
guidelines for the establishment and maintenance of the system in	891
accordance with this section and the rules adopted under this	892
section. The guidelines shall include:	893

(1) Standards identifying and defining the types of data in	894
the system in accordance with divisions (B) and (C) of this	895
section;	896

(2) Procedures for annually collecting and reporting the	897
data to the state board in accordance with division (D) of this	898
section;	899

(3) Procedures for annually compiling the data in accordance	900
with division (G) of this section;	901

(4) Procedures for annually reporting the data to the public	902
in accordance with division (H) of this section.	903

(B) The guidelines adopted under this section shall require	904
the data maintained in the education management information system	905
to include at least the following:	906

(1) Student participation and performance data, for each	907
grade in each school district as a whole and for each grade in	908
each school building in each school district, that includes:	909

(a) The numbers of students receiving each category of	910
instructional service offered by the school district, such as	911
regular education instruction, vocational education instruction,	912
specialized instruction programs or enrichment instruction that is	913
part of the educational curriculum, instruction for gifted	914
students, instruction for handicapped students, and remedial	915
instruction. The guidelines shall require instructional services	916
under this division to be divided into discrete categories if an	917
instructional service is limited to a specific subject, a specific	918
type of student, or both, such as regular instructional services	919
in mathematics, remedial reading instructional services,	920
instructional services specifically for students gifted in	921
mathematics or some other subject area, or instructional services	922
for students with a specific type of handicap. The categories of	923
instructional services required by the guidelines under this	924
division shall be the same as the categories of instructional	925
services used in determining cost units pursuant to division	926
(C)(3) of this section.	927

(b) The numbers of students receiving support or	928
extracurricular services for each of the support services or	929
extracurricular programs offered by the school district, such as	930
counseling services, health services, and extracurricular sports	931
and fine arts programs. The categories of services required by	932
the guidelines under this division shall be the same as the	933
categories of services used in determining cost units pursuant to	934
division (C)(4)(a) of this section.	935

(c) Average student grades in each subject in grades nine	936
through twelve;	937

(d) Academic achievement levels in grades one through eight	938
as assessed by the locally developed competency programs required	939
by division (D) of section 3301.07 of the Revised Code;	940

(e) Academic achievement levels as assessed by the testing	941
of student proficiency achievement under sections 3301.0710 and	942
3301.0711 of the Revised Code;	943

(f)(e) The number of students designated as having a	944
handicapping condition pursuant to division (C)(1) of section	945
3301.0711 of the Revised Code;	946

(g)(f) The numbers of students reported to the state board	947
pursuant to division (C)(2) of section 3301.0711 of the Revised	948
Code;	949

(h)(g) Attendance rates and the average daily attendance for	950
the year;. For purposes of this division, a student shall be	951
counted as present for any field trip that is approved by the	952
school administration.	953

(i)(h) Expulsion rates;

954

(j)(i) Suspension rates;

955

(k)(j) The percentage of students receiving corporal	956
punishment;	957

(l)(k) Dropout rates;

958

(m)(l) Rates of retention in grade;

959

(n)(m) For pupils in grades nine through twelve, the average	960
number of carnegie units, as calculated in accordance with state	961
board of education rules;	962

(o)(n) Graduation rates, to be calculated in a manner	963
specified by the department of education that reflects the rate at	964
which students who were in the ninth grade three years prior to	965
the current year complete school and that is consistent with	966
nationally accepted reporting requirements;	967

(o) Results of diagnostic assessments administered to	968
kindergarten students as required under section 3301.0715 of the	969
Revised Code to permit a comparison of the academic readiness of	970
kindergarten students. However, no district shall be required to	971
report to the department the results of any diagnostic assessment	972
administered to a kindergarten student if the parent of that	973
student requests the district not to report those results.	974

(2) Personnel and classroom enrollment data for each school	975
district, including:	976

(a) The total numbers of licensed employees and nonlicensed	977
employees and the numbers of full-time equivalent licensed	978
employees and nonlicensed employees providing each category of	979
instructional service, instructional support service, and	980
administrative support service used pursuant to division (C)(3) of	981
this section. The guidelines adopted under this section shall	982
require these categories of data to be maintained for the school	983
district as a whole and, wherever applicable, for each grade in	984
the school district as a whole, for each school building as a	985
whole, and for each grade in each school building.	986

(b) The total number of employees and the number of	987
full-time equivalent employees providing each category of service	988
used pursuant to divisions (C)(4)(a) and (b) of this section, and	989
the total numbers of licensed employees and nonlicensed employees	990
and the numbers of full-time equivalent licensed employees and	991
nonlicensed employees providing each category used pursuant to	992
division (C)(4)(c) of this section. The guidelines adopted under	993
this section shall require these categories of data to be	994
maintained for the school district as a whole and, wherever	995
applicable, for each grade in the school district as a whole, for	996
each school building as a whole, and for each grade in each school	997
building.	998

(c) The total number of regular classroom teachers teaching	999
classes of regular education and the average number of pupils	1000
enrolled in each such class, in each of grades kindergarten	1001
through five in the district as a whole and in each school	1002
building in the school district.	1003

(3)(a) Student demographic data for each school district,	1004
including information regarding the gender ratio of the school	1005
district's pupils, the racial make-up of the school district's	1006
pupils, and an appropriate measure of the number of the school	1007
district's pupils who reside in economically disadvantaged	1008
households. The demographic data shall be collected in a manner	1009
to allow correlation with data collected under division (B)(1) of	1010
this section. Categories for data collected pursuant to division	1011
(B)(3) of this section shall conform, where appropriate, to	1012
standard practices of agencies of the federal government.	1013

(b) With respect to each student entering kindergarten,	1014
whether the student previously participated in a public preschool	1015
program, a private preschool program, or a head start program, and	1016
the number of years the student participated in each of these	1017
programs.	1018

(C) The education management information system shall	1019
include cost accounting data for each district as a whole and for	1020
each school building in each school district. The guidelines	1021
adopted under this section shall require the cost data for each	1022
school district to be maintained in a system of mutually exclusive	1023
cost units and shall require all of the costs of each school	1024
district to be divided among the cost units. The guidelines shall	1025
require the system of mutually exclusive cost units to include at	1026
least the following:	1027

(1) Administrative costs for the school district as a whole.	1028
The guidelines shall require the cost units under this division	1029
(C)(1) to be designed so that each of them may be compiled and	1030
reported in terms of average expenditure per pupil in formula ADM	1031
in the school district, as determined pursuant to section 3317.03	1032
of the Revised Code.	1033

(2) Administrative costs for each school building in the	1034
school district. The guidelines shall require the cost units	1035
under this division (C)(2) to be designed so that each of them may	1036
be compiled and reported in terms of average expenditure per	1037
full-time equivalent pupil receiving instructional or support	1038
services in each building.	1039

(3) Instructional services costs for each category of	1040
instructional service provided directly to students and required	1041
by guidelines adopted pursuant to division (B)(1)(a) of this	1042
section. The guidelines shall require the cost units under	1043
division (C)(3) of this section to be designed so that each of	1044
them may be compiled and reported in terms of average expenditure	1045
per pupil receiving the service in the school district as a whole	1046
and average expenditure per pupil receiving the service in each	1047
building in the school district and in terms of a total cost for	1048
each category of service and, as a breakdown of the total cost, a	1049
cost for each of the following components:	1050

(a) The cost of each instructional services category	1051
required by guidelines adopted under division (B)(1)(a) of this	1052
section that is provided directly to students by a classroom	1053
teacher;	1054

(b) The cost of the instructional support services, such as	1055
services provided by a speech-language pathologist, classroom	1056
aide, multimedia aide, or librarian, provided directly to students	1057
in conjunction with each instructional services category;	1058

(c) The cost of the administrative support services related	1059
to each instructional services category, such as the cost of	1060
personnel that develop the curriculum for the instructional	1061
services category and the cost of personnel supervising or	1062
coordinating the delivery of the instructional services category.	1063

(4) Support or extracurricular services costs for each	1064
category of service directly provided to students and required by	1065
guidelines adopted pursuant to division (B)(1)(b) of this section.	1066
The guidelines shall require the cost units under division (C)(4)	1067
of this section to be designed so that each of them may be	1068
compiled and reported in terms of average expenditure per pupil	1069
receiving the service in the school district as a whole and	1070
average expenditure per pupil receiving the service in each	1071
building in the school district and in terms of a total cost for	1072
each category of service and, as a breakdown of the total cost, a	1073
cost for each of the following components:	1074

(a) The cost of each support or extracurricular services	1075
category required by guidelines adopted under division (B)(1)(b)	1076
of this section that is provided directly to students by a	1077
licensed employee, such as services provided by a guidance	1078
counselor or any services provided by a licensed employee under a	1079
supplemental contract;	1080

(b) The cost of each such services category provided	1081
directly to students by a nonlicensed employee, such as janitorial	1082
services, cafeteria services, or services of a sports trainer;	1083

(c) The cost of the administrative services related to each	1084
services category in division (C)(4)(a) or (b) of this section,	1085
such as the cost of any licensed or nonlicensed employees that	1086
develop, supervise, coordinate, or otherwise are involved in	1087
administering or aiding the delivery of each services category.	1088

(D)(1) The guidelines adopted under this section shall	1089
require school districts to collect information about individual	1090
students, staff members, or both in connection with any data	1091
required by division (B) or (C) of this section or other reporting	1092
requirements established in the Revised Code. The guidelines may	1093
also require school districts to report information about	1094
individual staff members in connection with any data required by	1095
division (B) or (C) of this section or other reporting	1096
requirements established in the Revised Code. The guidelines may	1097
shall not authorize school districts to request social security	1098
numbers of individual students so that school districts and the	1099
data acquisition sites operated under section 3301.075 of the	1100
Revised Code can assure accuracy and avoid errors in collecting	1101
the data. However, the The guidelines shall prohibit the reporting	1102
under this section of any personally identifiable information	1103
about any student, including a student's social security number,	1104
name, or address, to the state board of education or the	1105
department of education or to any other person unless such person	1106
is employed by the school district or the data acquisition site	1107
and is authorized by the district or acquisition site to have	1108
access to such information. The guidelines may require school	1109
districts to provide the social security numbers of individual	1110
staff members.	1111

(2) The guidelines shall provide for each school district or	1112
community school to assign a data verification code to each	1113
student whose initial Ohio enrollment is in that district or	1114
school and to report all required individual student data for that	1115
student utilizing such code. The guidelines shall also provide	1116
for assigning data verification codes to all students enrolled in	1117
districts or community schools on the effective date of the	1118
guidelines established under this section.	1119

Individual student data shall be reported to the department	1120
through the data acquisition sites utilizing the code but at no	1121
time shall anyone other than an employee of the school district or	1122
community school in which the student is enrolled have access to	1123
information that would enable any data verification code to be	1124
matched to personally identifiable student data.	1125

Each school district shall ensure that the data verification	1126
code is included in the student's records reported to any	1127
subsequent school district or community school in which the	1128
student enrolls and shall remove all references to the code in any	1129
records retained in the district or school that pertain to any	1130
student no longer enrolled. Any such subsequent district or	1131
school shall utilize the same identifier in its reporting of data	1132
under this section.	1133

(E) The guidelines adopted under this section may require	1134
school districts to collect and report data, information, or	1135
reports other than that described in divisions (A), (B), and (C)	1136
of this section for the purpose of complying with other reporting	1137
requirements established in the Revised Code. The other data,	1138
information, or reports may be maintained in the education	1139
management information system but are not required to be compiled	1140
as part of the profile formats required under division (G) of this	1141
section or the annual statewide report required under division (H)	1142
of this section.	1143

(F) Beginning with the school year that begins July 1, 1991,	1144
the board of education of each school district shall annually	1145
collect and report to the state board, in accordance with the	1146
guidelines established by the board, the data required pursuant to	1147
this section. A school district may collect and report these data	1148
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	1149

(G) The state board shall, in accordance with the procedures	1150
it adopts, annually compile the data reported by each school	1151
district pursuant to division (D) of this section. The state	1152
board shall design formats for profiling each school district as a	1153
whole and each school building within each district and shall	1154
compile the data in accordance with these formats. These profile	1155
formats shall:	1156

(1) Include all of the data gathered under this section in a	1157
manner that facilitates comparison among school districts and	1158
among school buildings within each school district;	1159

(2) Present the data on academic achievement levels as	1160
assessed by the testing of student proficiency achievement	1161
maintained pursuant to division (B)(1)(e) of this section so that	1162
the academic achievement levels of students who are excused from	1163
taking any such test pursuant to division (C)(1) of section	1164
3301.0711 of the Revised Code are distinguished from the academic	1165
achievement levels of students who are not so excused.	1166

(H)(1) The state board shall, in accordance with the	1167
procedures it adopts, annually prepare a statewide report for all	1168
school districts and the general public that includes the profile	1169
of each of the school districts developed pursuant to division (G)	1170
of this section. Copies of the report shall be sent to each	1171
school district.	1172

(2) The state board shall, in accordance with the procedures	1173
it adopts, annually prepare an individual report for each school	1174
district and the general public that includes the profiles of each	1175
of the school buildings in that school district developed pursuant	1176
to division (G) of this section. Copies of the report shall be	1177
sent to the superintendent of the district and to each member of	1178
the district board of education.	1179

(3) Copies of the reports received from the state board	1180
under divisions (H)(1) and (2) of this section shall be made	1181
available to the general public at each school district's offices.	1182
Each district board of education shall make copies of each report	1183
available to any person upon request and payment of a reasonable	1184
fee for the cost of reproducing the report. The board shall	1185
annually publish in a newspaper of general circulation in the	1186
school district, at least twice during the two weeks prior to the	1187
week in which the reports will first be available, a notice	1188
containing the address where the reports are available and the	1189
date on which the reports will be available.	1190

(I) Any data that is collected or maintained pursuant to	1191
this section and that identifies an individual pupil is not a	1192
public record for the purposes of section 149.43 of the Revised	1193
Code.	1194

(J) As used in this section:

1195

(1) "School district" means any city, local, exempted	1196
village, or joint vocational school district.	1197

(2) "Cost" means any expenditure for operating expenses made	1198
by a school district excluding any expenditures for debt	1199
retirement except for payments made to any commercial lending	1200
institution for any loan approved pursuant to section 3313.483 of	1201
the Revised Code.	1202

(K) Any person who removes data from the information system	1203
established under this section for the purpose of releasing it to	1204
any person not entitled under law to have access to such	1205
information is subject to section 2913.42 of the Revised Code	1206
prohibiting tampering with data.	1207

(L) Any time the department of education determines that a	1208
school district has taken any of the actions described under	1209
division (L)(1), (2), or (3) of this section, it shall make a	1210
report of the actions of the district, send a copy of the report	1211
to the superintendent of such school district, and maintain a copy	1212
of the report in its files:	1213

(1) The school district fails to meet any deadline	1214
established pursuant to this section for the reporting of any data	1215
to the education management information system;	1216

(2) The school district fails to meet any deadline	1217
established pursuant to this section for the correction of any	1218
data reported to the education management information system;	1219

(3) The school district reports data to the education	1220
management information system in a condition, as determined by the	1221
department, that indicates that the district did not make a good	1222
faith effort in reporting the data to the system.	1223

Any report made under this division shall include	1224
recommendations for corrective action by the school district.	1225

Upon making a report for the first time in a fiscal year, the	1226
department shall withhold ten per cent of the total amount due	1227
during that fiscal year under Chapter 3317. of the Revised Code to	1228
the school district to which the report applies. Upon making a	1229
second report in a fiscal year, the department shall withhold an	1230
additional twenty per cent of such total amount due during that	1231
fiscal year to the school district to which the report applies.	1232
The department shall not release such funds unless it determines	1233
that the district has taken corrective action. However, no such	1234
release of funds shall occur if the district fails to take	1235
corrective action within ninety days of the date upon which the	1236
report was made by the department.	1237

(M) The department of education, after consultation with the	1238
Ohio education computer network, may provide at no cost to school	1239
districts uniform computer software for use in reporting data to	1240
the education management information system, provided that no	1241
school district shall be required to utilize such software to	1242
report data to the education management information system if such	1243
district is so reporting data in an accurate, complete, and timely	1244
manner in a format compatible with that required by the education	1245
management information system.	1246

(N) The state board of education, in accordance with	1247
sections 3319.31 and 3319.311 of the Revised Code, may suspend or	1248
revoke a license as defined under division (A) of section 3319.31	1249
of the Revised Code that has been issued to any school district	1250
employee found to have willfully reported erroneous, inaccurate,	1251
or incomplete data to the education management information system.	1252

(O) No person shall release or maintain any information	1253
about any student in violation of this section. Whoever violates	1254
this division is guilty of a misdemeanor of the fourth degree.	1255

(P) The department shall disaggregate the data collected	1256
under division (B)(1)(o) of this section according to the race and	1257
socioeconomic status of the students assessed. No data collected	1258
under that division shall be included on the report cards required	1259
by section 3302.03 of the Revised Code.	1260

(Q) If the department cannot compile any of the information	1261
required by division (D)(5) of section 3302.03 of the Revised Code	1262
based upon the data collected under this section, the department	1263
shall develop a plan and a reasonable timeline for the collection	1264
of any data necessary to comply with that division.	1265

Sec. 3301.0715.  (A) Except as provided in division (E) of	1266
this section, the board of education of each city, local, and	1267
exempted village school district shall administer each diagnostic	1268
assessment developed and provided to the district in accordance	1269
with section 3301.079 of the Revised Code to measure student	1270
progress toward the attainment of academic standards for grades	1271
kindergarten through two in reading, writing, and mathematics and	1272
for grades three through eight in reading, writing, mathematics,	1273
science, and social studies.	1274

(B) Each district board shall administer each diagnostic	1275
assessment as the board deems appropriate. However, the board	1276
shall administer any diagnostic assessment at least once annually	1277
to all students in the appropriate grade level. A district board	1278
may administer any diagnostic assessment in the fall and spring of	1279
a school year to measure the "value added" of the instruction	1280
received by students during that school year.	1281

(C) Each district board shall utilize and score any	1282
diagnostic assessment administered under division (A) of this	1283
section in accordance with rules established by the department of	1284
education. Except as required by division (B)(1)(o) of section	1285
3301.0714 of the Revised Code, neither the state board nor the	1286
department shall require school districts to report the results of	1287
diagnostic assessments for any students to the department or to	1288
make any such results available in any form to the public. After	1289
the administration of any diagnostic assessment, each district	1290
shall provide a student's completed diagnostic assessment, the	1291
results of such assessment, and any other accompanying documents	1292
used during the administration of the assessment to the parent of	1293
that student upon the parent's request.	1294

(D) Each district board shall provide intervention services	1295
to students whose diagnostic assessments show that they are	1296
failing to make satisfactory progress toward attaining the	1297
academic standards for their grade level.	1298

(E) Any district declared excellent under section 3302.03 of	1299
the Revised Code may assess student progress using a diagnostic	1300
assessment other than the diagnostic assessment required by	1301
division (A) of this section.	1302

(F) Within thirty days after a student transfers into a	1303
school district or to a different school within the same district,	1304
the district shall administer each diagnostic assessment required	1305
under division (A) of this section to the student.	1306

Sec. 3301.0717.  In addition to the duties imposed on it by	1307
law, the state board of education shall establish and submit to	1308
the governor and the general assembly a clear and measurable set	1309
of goals with specific timetables for their achievement. The	1310
goals shall be established for programs designed to accomplish:	1311

(A) A reduction in rates of retention in grade;

1312

(B) Reductions in the need for remedial courses;

1313

(C) Reductions in the student dropout rate;

1314

(D) Improvements in scores on standardized tests;

1315

(E) Increases in satisfactory completion of high school	1316
proficiency achievement tests;	1317

(F) Increases in American college test scores;

1318

(G) Increases in the rate of college entry;

1319

(H) Reductions in the need for remedial courses for	1320
first-year college freshmen students.	1321

In July of each odd-numbered year, the state board of	1322
education shall submit a report on progress made toward these	1323
goals to the governor and the general assembly.	1324

Sec. 3301.0718. (A) After completing the required standards	1325
specified in section 3301.079 of the Revised Code, the state board	1326
of education shall adopt standards and model curricula for	1327
instruction in computer literacy for grades three through twelve	1328
and in fine arts and foreign language for grades kindergarten	1329
through twelve. The state board shall not adopt or revise any	1330
standards or curriculum in the area of health or physical	1331
education unless, by concurrent resolution, the standards,	1332
curriculum, or revisions are approved by both houses of the	1333
general assembly. Before the house of representatives or senate	1334
votes on a concurrent resolution approving health or physical	1335
education standards, curriculum, or revisions, its standing	1336
committee having jurisdiction over education legislation shall	1337
conduct at least one public hearing on the standards, curriculum,	1338
or revisions.	1339

(B) The state board shall not adopt a diagnostic assessment	1340
or achievement test for any grade level or subject area other than	1341
those specified in section 3301.079 of the Revised Code.	1342

Sec. 3301.0712.        Sec.  .        Sec. 3301.0719.  (A) The state board of education	1343
shall adopt minimum standards under which each governing board of	1344
an educational service center shall develop a plan of service to	1345
school districts within the center's territory. The standards	1346
shall require that the plan of service include, but need not be	1347
limited to, provisions that ensure:	1348

(1) The maximum involvement of boards of education of local	1349
school districts in all aspects of the service plan;	1350

(2) Adequate and well-maintained physical facilities for the	1351
offices of the county board;	1352

(3) Fiscal monitoring of the local districts by the	1353
educational service center governing board;	1354

(4) The availability of qualified staff in sufficient	1355
numbers to implement the service plan;	1356

(5) Supervision and evaluation of classroom activities in	1357
the local districts;	1358

(6) The availability of in-service and continuing education	1359
programs for all local district and educational service center	1360
personnel;	1361

(7) The offering of specified curriculum services to the	1362
local districts;	1363

(8) The development of research and development programs;

1364

(9) Regular and continuing communication among the	1365
educational service center governing board, local districts, and	1366
the community;	1367

(10) Continuing planning for the maximum utilization of	1368
existing school buildings and the development of new facilities;	1369

(11) Monitoring and enforcement of the compulsory attendance	1370
law;	1371

(12) Accurate recordkeeping in the local district schools;

1372

(13) Assistance to local districts in the provision of	1373
special accommodations and classes for handicapped students.	1374

(B) Each educational service center governing board shall,	1375
within one hundred eighty days of the effective date of the	1376
minimum standards adopted by the state board under division (A) of	1377
this section, submit to the state board a plan of service that	1378
meets these standards. The state board shall approve any plan of	1379
service that meets these standards and, upon approval of any such	1380
plan, shall issue a charter to that educational service center.	1381

(C) The state board shall conduct an evaluation every five	1382
years of each educational service center governing board and the	1383
services it provides. The evaluation shall include	1384
recommendations and shall be discussed in a public meeting held by	1385
the superintendent of the educational service center within thirty	1386
days of receipt of the evaluation report. The educational service	1387
center superintendent shall also submit a plan to the state board	1388
for correcting any violations specified in the evaluation within	1389
ninety days of receipt of the evaluation report. The state board	1390
shall approve any such plan that meets the minimum standards	1391
adopted by the state board under division (A) of this section.	1392

(D) The state board shall revoke the charter of any	1393
educational service center that fails to comply with the plan of	1394
service approved by the state board under division (B) of this	1395
section or with any plan for correcting violations approved by the	1396
state board under division (C) of this section.	1397

(E) If any educational service center fails to submit a plan	1398
of service in compliance with the provisions of division (B) of	1399
this section or if the charter of any educational service center	1400
is revoked pursuant to division (D) of this section, the state	1401
board may dissolve the educational service center and pursuant to	1402
this division transfer its territory to one or more adjacent	1403
educational service centers.	1404

Prior to dissolving an educational service center pursuant to	1405
this division, the state board shall notify the educational	1406
service center governing board to be dissolved and the governing	1407
boards of all adjacent educational service centers of its	1408
intention to dissolve the educational service center. The	1409
governing boards receiving such a notice may make recommendations	1410
to the state board regarding the proposed dissolution and	1411
subsequent transfer of territory.	1412

No order of the state board to transfer the territory of an	1413
educational service center being dissolved pursuant to this	1414
division shall divide the territory of a local school district	1415
between two or more adjacent educational service centers. An	1416
equitable division of the funds, property, and indebtedness of any	1417
educational service center being dissolved pursuant to this	1418
division shall be made by the state board among the educational	1419
service centers receiving territory. The governing board of an	1420
educational service center receiving territory shall accept such	1421
territory pursuant to the order of the state board. Any transfer	1422
of territory ordered by the state board shall become effective on	1423
the date specified by the state board, but the date shall be at	1424
least thirty days after the date on which the order was issued.	1425

(F) In issuing and revoking charters under this section, the	1426
state board shall be governed by the provisions of Chapter 119. of	1427
the Revised Code.	1428

Sec. 3301.801. (A) The Ohio SchoolNet commission shall create	1429
and maintain a clearinghouse for classroom teachers, including any	1430
classroom teachers employed by community schools established under	1431
Chapter 3314. of the Revised Code, to easily obtain lesson plans	1432
and materials and other practical resources for use in classroom	1433
teaching. The commission shall develop a method of obtaining	1434
submissions, from classroom teachers and others, of such plans,	1435
materials, and other resources that have been used in the	1436
classroom and that can be readily used and implemented by	1437
classroom teachers in their regular teaching activities. The	1438
commission also shall develop methods of informing classroom	1439
teachers of both the availability of such plans, materials, and	1440
other resources, and of the opportunity to submit such plans,	1441
materials, and other resources and other classroom teaching ideas	1442
to the clearinghouse.	1443

The department of education shall regularly identify	1444
research-based practices concerned with scheduling and allotting	1445
instructional time and submit such practices to the commission for	1446
inclusion in the clearinghouse.	1447

The commission shall periodically report to the speaker and	1448
minority leader of the house of representatives, the president and	1449
minority leader of the senate, and the chairpersons and ranking	1450
minority members of the education committees of the senate and the	1451
house of representatives regarding the clearinghouse and make	1452
recommendations for changes in state law or administrative rules	1453
that may facilitate the usefulness of the clearinghouse.	1454

(B) Not later than one year after the effective date of this	1455
amendment, the department of education shall identify research	1456
studies on academic intervention and prevention practices that	1457
have been successful in improving the academic performance of	1458
students from different ethnic and socioeconomic groups, develop	1459
an annotated bibliography of such studies, and provide that	1460
bibliography to the Ohio SchoolNet commission. The commission	1461
shall promptly make the bibliography available to school districts	1462
as a part of the clearinghouse established under this section.	1463

Sec. 3301.91.  (A) The OhioReads council's responsibilities	1464
include, but are not limited to, the following:	1465

(1) Advising and consenting to the superintendent of public	1466
instruction's appointments to the position of executive director	1467
of the OhioReads office;	1468

(2) Evaluating the effectiveness of the OhioReads initiative	1469
established by this section and sections 3301.86 and 3301.87 of	1470
the Revised Code and conducting annual evaluations beginning in	1471
fiscal year 2002;	1472

(3) Developing a strategic plan for identifying, recruiting,	1473
training, qualifying, and placing volunteers for the OhioReads	1474
initiative;	1475

(4) Establishing standards for the awarding of classroom	1476
reading grants under section 3301.86 of the Revised Code and	1477
community reading grants under section 3301.87 of the Revised	1478
Code, including eligibility criteria, grant amounts, purposes for	1479
which grants may be used, and administrative, programmatic, and	1480
reporting requirements;	1481

(5) Awarding classroom reading grants and community reading	1482
grants to be paid by the OhioReads office under sections 3301.86	1483
and 3301.87 of the Revised Code;	1484

(6) Establishing guidelines for and overseeing the general	1485
responsibilities and mission of the executive director of the	1486
OhioReads office;	1487

(7) Adopting rules pursuant to Chapter 119. of the Revised	1488
Code to establish standards required under sections 3301.86 and	1489
3301.87 of the Revised Code.	1490

(B) In performing its duties, the council shall, to the	1491
extent practicable:	1492

(1) Give primary consideration to the safety and well-being	1493
of children participating in the OhioReads initiative;	1494

(2) Maximize the use of resources to improve reading	1495
outcomes, especially the fourth grade reading proficiency test	1496
established under former division (A)(1) of section 3301.0710 of	1497
the Revised Code and the third grade reading achievement test	1498
established under division (A)(1)(a) of section 3301.0710 of the	1499
Revised Code;	1500

(3) Identify and maximize relevant federal and state	1501
resources to leverage OhioReads resources and related programs;	1502

(4) Focus on early reading intervention strategies,	1503
professional development, and parental involvement;	1504

(5) Give priority to programs recognized as promising	1505
educational practices for accelerating student achievement,	1506
including, but not limited to, programs primarily using volunteers	1507
and programs that may have been reviewed by the education	1508
commission of the states.	1509

Sec. 3302.02.  The following are the expected state	1510
performance standards for school districts:	1511

(A) A ninety per cent graduation rate;

1512

(B) At least seventy-five per cent of fourth graders	1513
proficient on the mathematics test prescribed by division (A)(1)	1514
of section 3301.0710 of the Revised Code;	1515

(C) At least seventy-five per cent of fourth graders	1516
proficient on the reading test prescribed by division (A)(1) of	1517
section 3301.0710 of the Revised Code;	1518

(D) At least seventy-five per cent of fourth graders	1519
proficient on the writing test prescribed by division (A)(1) of	1520
section 3301.0710 of the Revised Code;	1521

(E) At least seventy-five per cent of fourth graders	1522
proficient on the citizenship test prescribed by division (A)(1)	1523
of section 3301.0710 of the Revised Code;	1524

(F) At least seventy-five per cent of ninth graders	1525
proficient on the mathematics test prescribed by division (B) of	1526
section 3301.0710 of the Revised Code;	1527

(G) At least seventy-five per cent of ninth graders	1528
proficient on the reading test prescribed by division (B) of	1529
section 3301.0710 of the Revised Code;	1530

(H) At least seventy-five per cent of ninth graders	1531
proficient on the writing test prescribed by division (B) of	1532
section 3301.0710 of the Revised Code;	1533

(I) At least seventy-five per cent of ninth graders	1534
proficient on the citizenship test prescribed by division (B) of	1535
section 3301.0710 of the Revised Code;	1536

(J) At least eighty-five per cent of tenth graders	1537
proficient on the mathematics test prescribed by division (B) of	1538
section 3301.0710 of the Revised Code;	1539

(K) At least eighty-five per cent of tenth graders	1540
proficient on the reading test prescribed by division (B) of	1541
section 3301.0710 of the Revised Code;	1542

(L) At least eighty-five per cent of tenth graders	1543
proficient on the writing test prescribed by division (B) of	1544
section 3301.0710 of the Revised Code;	1545

(M) At least eighty-five per cent of tenth graders	1546
proficient on the citizenship test prescribed by division (B) of	1547
section 3301.0710 of the Revised Code;	1548

(N) At least sixty per cent of twelfth graders proficient on	1549
the mathematics test prescribed by division (A)(3) of section	1550
3301.0710 of the Revised Code;	1551

(O) At least sixty per cent of twelfth graders proficient on	1552
the reading test prescribed by division (A)(3) of section	1553
3301.0710 of the Revised Code;	1554

(P) At least sixty per cent of twelfth graders proficient on	1555
the writing test prescribed by division (A)(3) of section	1556
3301.0710 of the Revised Code;	1557

(Q) At least sixty per cent of twelfth graders proficient on	1558
the citizenship test prescribed by division (A)(3) of section	1559
3301.0710 of the Revised Code;	1560

(R) At least a ninety-three per cent attendance rate.

1561

When sufficient data concerning the tests given pursuant to	1562
division (A)(2) of section 3301.0710 of the Revised Code and the	1563
science tests given pursuant to divisions (A)(1), (3), and (B) of	1564
section 3301.0710 of the Revised Code are available for the	1565
department of education to establish performance standards for	1566
those tests, the department shall recommend a rule adding	1567
standards to reflect these additional tests. The department shall	1568
also recommend a rule when necessary to allow for the phasing out	1569
of the ninth grade proficiency test and its replacement with a	1570
high school proficiency test pursuant to section 3301.0710 of the	1571
Revised Code as amended by Amended Substitute Senate Bill No. 55	1572
of the 122nd general assembly. The rules	1573

The state board of education annually through 2006, and	1574
every six years thereafter, shall establish at least seventeen	1575
performance indicators for the report cards required by division	1576
(D) of section 3302.03 of the Revised Code. In establishing these	1577
indicators, the state board shall consider inclusion of student	1578
performance on any tests given under section 3301.0710 of the	1579
Revised Code, rates of student improvement on such tests, student	1580
attendance, the breadth of coursework available within the	1581
district, and other indicators of student success. The state	1582
board shall notify all school districts of the selected	1583
performance indicators at least two years before they are included	1584
in the report card.	1585

The state board shall not recommend establish any standard be	1586
established performance indicator for passage of the third or	1587
fourth grade reading test that is solely based on the test given	1588
in the fall for the purpose of determining whether students have	1589
met the fourth grade reading guarantee provisions of section	1590
3313.608 of the Revised Code.	1591

Rules recommended by the department under this section shall	1592
not take effect unless approved by joint resolution of the general	1593
assembly.	1594

Sec. 3302.03.  (A) Beginning with the fiscal year that starts	1595
on July 1, 1999, every three years Annually the department of	1596
education shall calculate and report for each school district its	1597
percentages on the extent to which it meets each of the	1598
performance indicators listed in created by the state board of	1599
education under section 3302.02 of the Revised Code and shall	1600
specify for each such district the extent to which the acceptable	1601
number of performance indicator has indicators that have been	1602
achieved and whether the district is an excellent school district,	1603
an effective school district, needs continuous improvement, is	1604
under an academic watch, or is in a state of academic emergency.	1605

When possible, the department shall also determine for each	1606
school building in a district the extent to which it meets any of	1607
the performance indicators applicable to the grade levels of the	1608
students in that school building and whether the school building	1609
is an excellent school, an effective school, needs continuous	1610
improvement, is under an academic watch, or is in a state of	1611
academic emergency.	1612

(B)(1) If the state board establishes seventeen performance	1613
indicators applicable to a school district or building under	1614
section 3302.02 of the Revised Code:	1615

(1) A school district or building shall be declared	1616
excellent if it meets at least sixteen of the applicable state	1617
performance indicators.	1618

(2) A school district or building shall be declared an	1619
effective school district if it meets at least ninety-four per	1620
cent thirteen through fifteen of the applicable state performance	1621
standards indicators.	1622

(2)(3) A school district or building shall be declared to be	1623
in need of continuous improvement if it meets more than fifty per	1624
cent eight but less than ninety-four per cent thirteen of the	1625
applicable state performance standards indicators.	1626

(3)(4) A school district or building shall be declared to be	1627
under an academic watch if it meets more than thirty-three per	1628
cent five but not more than fifty per cent eight of the applicable	1629
state performance standards indicators.	1630

(4)(5) A school district or building shall be declared to be	1631
in a state of academic emergency if it does not meet more than	1632
thirty-three per cent five of the applicable state performance	1633
standards indicators.	1634

(C) Whenever feasible, the department shall utilize	1635
three-year averaging of the district's percentages on the	1636
performance standards specified in section 3302.02 of the Revised	1637
Code If the state board establishes more than seventeen	1638
performance indicators under section 3302.02 of the Revised Code,	1639
or if less than seventeen performance indicators are applicable to	1640
a school building, the state board shall establish the number of	1641
indicators that must be met in order for a district or building to	1642
be designated as excellent, effective, needs continuous	1643
improvement, is under an academic watch, or is in a state of	1644
academic emergency. The number established for each such	1645
category under this division shall bear a similar relationship to	1646
the total number of indicators as the number of indicators	1647
required for the respective categories stated in division (B) of	1648
this section bears to seventeen.	1649

(D)(1) The department shall issue annual report cards for	1650
each school district, each building within each district, and for	1651
the state as a whole based on reflecting performance on the	1652
indicators created by the state board under section 3302.02 of the	1653
Revised Code.	1654

(2) The department shall include on the report card for each	1655
district information pertaining to any change from the previous	1656
year made by the school district or school buildings within the	1657
district on any performance indicator.	1658

(3) When reporting data on student performance, the	1659
department shall disaggregate that data according to the following	1660
categories:	1661

(a) Performance of students by age group;

1662

(b) Performance of students by race and ethnic group;

1663

(c) Performance of students by gender;

1664

(d) Performance of students grouped by those who have been	1665
enrolled in a district or school for three or more years;	1666

(e) Performance of students grouped by those who have been	1667
enrolled in a district or school for more than one year and less	1668
than three years;	1669

(f) Performance of students grouped by those who have been	1670
enrolled in a district or school for one year or less;	1671

(g) Performance of students grouped by those who are	1672
classified as vocational education students pursuant to guidelines	1673
adopted by the department for purposes of this division;	1674

(h) Performance of students grouped by those who are	1675
economically disadvantaged, to the extent that such data is	1676
available from the education management information system	1677
establised under section 3301.0714 of the Revised Code.	1678

The department may disaggregate data on student performance	1679
according to other categories that the department determines are	1680
appropriate.	1681

In reporting data pursuant to division (D)(3) of this	1682
section, the department shall not include in the report cards any	1683
data statistical in nature that is statistically unreliable or	1684
that could result in the identification of individual students.	1685

(4) The department may include with the report cards any	1686
additional education and fiscal performance data it deems	1687
valuable.	1688

(5) The department shall include on each report card a list	1689
of additional information collected by the department that is	1690
available regarding the district or building for which the report	1691
card is issued. When available, such additional information shall	1692
include student mobility data disaggregated by race and	1693
socioeconomic status, college enrollment data, and the reports	1694
prepared under section 3302.031 of the Revised Code.	1695

The department shall maintain a site on the world wide web.	1696
The report card shall include the address of the site and shall	1697
specify that such additional information is available to the	1698
public at that site. The department shall also provide a copy of	1699
each item on the list to the superintendent of each school	1700
district. The district superintendent shall provide a copy of any	1701
item on the list to anyone who requests it.	1702

(2) The department shall not include in the report card	1703
required by this division proficiency test passage data according	1704
to any ethnic, racial, or gender classification.	1705

(E) In calculating the reading, writing, mathematics, social	1706
studies, or science proficiency or achievement test passage rates	1707
used to determine school district performance under this section,	1708
the department shall include all students except:	1709

(1) Those students exempted from the requirement to take the	1710
applicable proficiency test taking a test with accommodation or to	1711
whom an alternate assessment is administered pursuant to division	1712
(C)(1) or (3) of section 3301.0711 of the Revised Code, but shall	1713
not include any student excused from taking a test pursuant to	1714
division (C)(3) of that section, whether or not the student chose	1715
to take the test voluntarily in spite of the exemption granted in	1716
that division;	1717

(2) Those students to whom the twelfth-grade tests are not	1718
administered, pursuant to division (B)(4) of section 3301.0711 of	1719
the Revised Code.	1720

Sec. 3302.031. In addition to the report cards required under	1721
section 3302.03 of the Revised Code, the department of education	1722
shall annually prepare the following reports for each school	1723
district and make a copy of each report available to the	1724
superintendent of each district:	1725

(A) A funding and expenditure accountability report which	1726
shall consist of the amount of state aid payments the school	1727
district will receive during the fiscal year under Chapter 3317.	1728
of the Revised Code and any other fiscal data the department	1729
determines is necessary to inform the public about the financial	1730
status of the district;	1731

(B) A school safety and discipline report which shall	1732
consist of statistical information regarding student safety and	1733
discipline in each school building, including the number of	1734
suspensions and expulsions disaggregated according to race and	1735
gender;	1736

(C) A student equity report which shall consist of at least	1737
a description of the status of teacher qualifications, library and	1738
media resources, textbooks, classroom materials and supplies, and	1739
technology resources for each district. To the extent possible,	1740
the information included in the report required under this	1741
division shall be disaggregated according to grade level, race,	1742
gender, disability, and scores attained on tests required under	1743
section 3301.0710 of the Revised Code.	1744

(D) A school enrollment report which shall consist of	1745
information about the composition of classes within each district	1746
by grade and subject disaggregated according to race, gender, and	1747
scores attained on tests required under section 3301.0710 of the	1748
Revised Code;	1749

(E) A student retention report which shall consist of the	1750
number of students retained in their respective grade levels in	1751
the district disaggregated by grade level, subject area, race,	1752
gender, and disability.	1753

Sec. 3302.04.  (A) By March 1, 1998, the The state board of	1754
education shall recommend to the general assembly adopt a rule	1755
establishing both of the following:	1756

(1) A standard unit of improvement that any building within	1757
a district or school district would be required to achieve on a	1758
specific performance standard indicator that it failed to meet in	1759
order to be deemed to have made satisfactory improvement toward	1760
meeting that standard indicator.	1761

(2) The percentage of those performance standards indicators	1762
that a building within a district or a district did not meet, on	1763
which a building or district would be required to achieve the	1764
standard unit of improvement in order to be deemed to be making	1765
overall progress toward becoming an effective excellent building	1766
or district.	1767

Upon approval of the general assembly, the The rule shall	1768
apply to determinations of school district improvement under	1769
division (B) of this section.	1770

(B) When a school district has been notified by the	1771
department pursuant to division (A) of section 3302.03 of the	1772
Revised Code that the district or a building within the district	1773
needs continuous improvement, is under an academic watch, or is in	1774
a state of academic emergency, the district shall develop a	1775
three-year continuous improvement plan containing an analysis of	1776
the reasons for the district's failure as a whole, or the failure	1777
of any buildings, to meet any of the standards it does indicators	1778
not meet met and specifying the strategies it the district will	1779
use and the resources it will allocate to address the problem.	1780
Copies of the plan shall be made available to the public.	1781

No three-year continuous improvement plan shall be developed	1782
or adopted pursuant to this division unless at least one public	1783
hearing is held within the territory of the affected school	1784
district or building concerning the final draft of the plan.	1785
Notice of the hearing shall be given two weeks prior to the	1786
hearing by publication in one newspaper of general circulation	1787
within the territory of the affected school district.	1788

(C) When a school district has been notified by the	1789
department pursuant to division (A) of section 3302.03 of the	1790
Revised Code that the district or a building within the district	1791
is under an academic watch or in a state of academic emergency,	1792
the district shall be subject to any rules establishing	1793
intervention in academic watch or emergency school districts that	1794
have been recommended to the general assembly by the department of	1795
education and approved by joint resolution of the general	1796
assembly. The department shall recommend such rules by July 1,	1797
1998.	1798

(D)(1) Within one hundred twenty days after any school	1799
district or building within the district is declared to be in a	1800
state of academic emergency under section 3302.03 of the Revised	1801
Code, the department shall initiate a site evaluation of the	1802
building or school district.	1803

(2) If any school district that is declared to be in a state	1804
of academic emergency or in a state of academic watch under	1805
section 3302.03 of the Revised Code or encompasses a building that	1806
is declared to be in a state of academic emergency or in a state	1807
of academic watch fails to demonstrate to the department	1808
satisfactory improvement of the district or applicable buildings	1809
or fails to submit to the department any information required	1810
under rules established by the state board of education, prior to	1811
approving a three-year continuous improvement plan for the school	1812
district under rules established by the state board of education,	1813
the department shall conduct a site evaluation of the school	1814
district or applicable buildings to determine whether the school	1815
district is in compliance with minimum standards established by	1816
law or rule.	1817

(3) Site evaluations conducted under divisions (D)(1) and	1818
(2) of this section shall include, but not be limited to, the	1819
following:	1820

(a) Determining whether teachers are assigned to subject	1821
areas for which they are licensed or certified;	1822

(b) Determining pupil-teacher ratios;

1823

(c) Examination of compliance with minimum instruction time	1824
requirements for each school day and for each school year;	1825

(d) Determining whether the school district has materials	1826
and equipment necessary to implement the curriculum approved by	1827
the school district board are available.	1828

(E)(1) If, after three years under a continuous improvement	1829
plan developed pursuant to division (B) of this section, any	1830
school district that is declared to be in a state of academic	1831
emergency under section 3302.03 of the Revised Code has any	1832
building within the district that is declared to be in a state of	1833
academic emergency under that section and that fails to improve	1834
on the performance indicators that the building did not meet	1835
under that section to make progress toward becoming an excellent	1836
building, the district shall implement at least one of the	1837
following options with respect to that building:	1838

(a) Replace the building principal;

1839

(b) Examine the factors impeding student success and redesign	1840
the building to address those factors, including transferring or	1841
reassigning personnel;	1842

(C) Institute a new schoolwide curriculum or educational	1843
model that is consistent with the statewide academic standards	1844
adopted pursuant to division (A) of section 3301.079 of the	1845
Revised Code and alter the structure of the school day or year;	1846

(d) Contract with departments of education at public and	1847
private colleges in Ohio, educational service centers, or the	1848
state department of education to operate the builiding, including	1849
the provision of personnel, supplies, and equipment;	1850

(e) Grant priority over all other applicants to students from	1851
the building who apply to attend another building within the	1852
district under the intradistrict open enrollment policy adopted by	1853
the district pursuant to section 3313.97 of the Revised Code;	1854

(f) Close the building and reassign its students to other	1855
buildings within the district;	1856

(g) Develop and implement a comprehensive alternative plan,	1857
subject to approval by the department of education, to improve the	1858
overall performance of the building.	1859

Any action taken under division (E)(1)(f) of this section may	1860
include the establishment of a state intervention team to evaluate	1861
all aspects of the building, including management, curriculum,	1862
instructional methods, resource allocation, and scheduling. Any	1863
such intervention team shall be appointed by the department and	1864
shall include teachers and administrators recognized as	1865
outstanding in their fields. The intervention team shall make	1866
recommendations to the district regarding methods for improving	1867
the performance of the building. The department shall not approve	1868
a district's request for an intervention team if the department	1869
cannot adequately fund the work of the team, unless the district	1870
agrees to pay for the expenses of the team.	1871

(2) If any building subject to this division fails to improve	1872
on the performance indicators that the building did not meet	1873
under section 3302.03 of the Revised Code to make progress toward	1874
becoming an excellent building within two years following any	1875
action taken by the district under this division, the district	1876
shall select another option described by this division and	1877
implement such option with respect to the building.	1878

Sec. 3302.05.  By March 1, 1998, the The department of	1879
education shall recommend rules to the general assembly freeing	1880
school districts declared to be effective excellent under division	1881
(B)(1) or in need of continuous improvement effective under	1882
division (B)(2) of section 3302.03 of the Revised Code from	1883
specified state mandates. Any mandates included in the	1884
recommended rules shall be only those statutes or rules pertaining	1885
to state education requirements. The rules shall take effect upon	1886
their approval through passage of a joint resolution by the	1887
general assembly.	1888

Sec. 3313.532.  (A) Any person twenty-two or more years of	1889
age and enrolled in an adult high school continuation program	1890
established pursuant to section 3313.531 of the Revised Code may	1891
request the board of education operating the program to conduct an	1892
evaluation in accordance with division (C) of this section.	1893

(B) Any applicant to a board of education for a diploma of	1894
adult education under division (B) of section 3313.611 of the	1895
Revised Code may request the board to conduct an evaluation in	1896
accordance with division (C) of this section.	1897

(C) Upon the request of any person pursuant to division (A)	1898
or (B) of this section, the board of education to which the	1899
request is made shall evaluate the person to determine whether the	1900
person is handicapped, in accordance with rules adopted by the	1901
state board of education. If the evaluation indicates that the	1902
person is handicapped, the board shall determine whether to excuse	1903
the person from taking any of the tests required by division (B)	1904
of section 3301.0710 of the Revised Code as a requirement for	1905
receiving a diploma under section 3313.611 of the Revised Code.	1906
The determination of whether to excuse the person from any such	1907
test shall be made in the same manner as it would be for students	1908
enrolled in the district who are receiving special education under	1909
Chapter 3323. of the Revised Code.	1910

Sec. 3313.60.  Notwithstanding division (D) of section	1911
3311.52 of the Revised Code, divisions (A) to (E) of this section	1912
do not apply to any cooperative education school district	1913
established pursuant to divisions (A) to (C) of section 3311.52 of	1914
the Revised Code.	1915

In adopting minimum standards under section 3301.07 of the	1916
Revised Code, the state board of education shall not require	1917
chartered schools to utilize any model curriculum adopted pursuant	1918
to section 3301.0716 of the Revised Code.	1919

(A) The board of education of each city and exempted village	1920
school district, the governing board of each educational service	1921
center, and the board of each cooperative education school	1922
district established pursuant to section 3311.521 of the Revised	1923
Code shall prescribe a curriculum for all schools under their	1924
control. Except as provided in division (E) of this section, in	1925
any such curriculum there shall be included the study of the	1926
following subjects:	1927

(1) The language arts, including reading, writing, spelling,	1928
oral and written English, and literature;	1929

(2) Geography, the history of the United States and of Ohio,	1930
and national, state, and local government in the United States,	1931
including a balanced presentation of the relevant contributions to	1932
society of men and women of African, Mexican, Puerto Rican, and	1933
American Indian descent as well as other ethnic and racial groups	1934
in Ohio and the United States;	1935

(3) Mathematics;

1936

(4) Natural science, including instruction in the	1937
conservation of natural resources;	1938

(5) Health education, which shall include instruction in:

1939

(a) The nutritive value of foods, including natural and	1940
organically produced foods, the relation of nutrition to health,	1941
the use and effects of food additives;	1942

(b) The harmful effects of and legal restrictions against	1943
the use of drugs of abuse, alcoholic beverages, and tobacco;	1944

(c) Venereal disease education, except that upon written	1945
request of his the student's parent or guardian, a student shall	1946
be excused from taking instruction in venereal disease education;	1947

(d) In grades kindergarten through six, instruction in	1948
personal safety and assault prevention, except that upon written	1949
request of his the student's parent or guardian, a student shall	1950
be excused from taking instruction in personal safety and assault	1951
prevention.	1952

(6) Physical education;

1953

(7) The fine arts, including music;

1954

(8) First aid, including a training program in	1955
cardiopulmonary resuscitation, safety, and fire prevention, except	1956
that upon written request of his the student's parent or guardian,	1957
a student shall be excused from taking instruction in	1958
cardiopulmonary resuscitation.	1959

(B) Except as provided in division (E) of this section,	1960
every school or school district shall include in the requirements	1961
for promotion from the eighth grade to the ninth grade one year's	1962
course of study of American history.	1963

(C) Except as provided in division (E) of this section,	1964
every high school shall include in the requirements for graduation	1965
from any curriculum one unit of American history and government,	1966
including a study of the constitutions of the United States and of	1967
Ohio.	1968

(D) Except as provided in division (E) of this section,	1969
basic instruction in geography, United States history, the	1970
government of the United States, the government of the state of	1971
Ohio, local government in Ohio, the Declaration of Independence,	1972
the United States Constitution, and the Constitution of the state	1973
of Ohio shall be required before pupils may participate in courses	1974
involving the study of social problems, economics, foreign	1975
affairs, United Nations, world government, socialism and	1976
communism.	1977

(E) For each cooperative education school district	1978
established pursuant to section 3311.521 of the Revised Code and	1979
each city, exempted village, and local school district that has	1980
territory within such a cooperative district, the curriculum	1981
adopted pursuant to divisions (A) to (D) of this section shall	1982
only include the study of the subjects that apply to the grades	1983
operated by each such school district. The curriculums for such	1984
schools, when combined, shall provide to each student of these	1985
districts all of the subjects required under divisions (A) to (D)	1986
of this section.	1987

(F) The board of education of any cooperative education	1988
school district established pursuant to divisions (A) to (C) of	1989
section 3311.52 of the Revised Code shall prescribe a curriculum	1990
for the subject areas and grade levels offered in any school under	1991
its control.	1992

(G) Upon the request of any parent or legal guardian of a	1993
student, the board of education of any school district shall	1994
permit the parent or guardian to promptly examine, with respect to	1995
the parent's or guardian's own child:	1996

(1) Any survey or questionnaire, prior to its	1997
administration to the child;	1998

(2) Any textbook, workbook, software, video, or other	1999
instructional materials being used by the district in connection	2000
with the instruction of the child;	2001

(3) Any completed and graded test taken or survey or	2002
questionnaire filled out by the child;	2003

(4) Copies of the statewide academic standards and each	2004
model curriculum developed pursuant to section 3301.079 of the	2005
Revised Code, which copies shall be available at all times during	2006
school hours in each district school building.	2007

Sec. 3313.603.  (A) As used in this section:

2008

(1) "One unit" means a minimum of one hundred twenty hours	2009
of course instruction, except that for a laboratory course, "one	2010
unit" means a minimum of one hundred fifty hours of course	2011
instruction.	2012

(2) "One-half unit" means a minimum of sixty hours of course	2013
instruction, except that for physical education courses, "one-half	2014
unit" means a minimum of one hundred twenty hours of course	2015
instruction.	2016

(B) Beginning September 15, 2001, except as required in	2017
division (C) of section 3313.614 of the Revised Code, the	2018
requirements for graduation from every high school shall include	2019
twenty-one units earned in grades nine through twelve and shall be	2020
distributed as follows:	2021

(1) English language arts, four units;

2022

(2) Health, one-half unit;

2023

(3) Mathematics, three units;

2024

(4) Physical education, one-half unit;

2025

(5) Science, two units until September 15, 2003, and three	2026
units thereafter, which at all times shall include both of the	2027
following:	2028

(a) Biological sciences, one unit;

2029

(b) Physical sciences, one unit.

2030

(6) Social studies, three units, which shall include both of	2031
the following:	2032

(a) American history, one-half unit;

2033

(b) American government, one-half unit.

2034

(7) Elective units, eight units until September 15, 2003,	2035
and seven units thereafter.	2036

Each student's electives shall include at least one unit, or	2037
two half units, chosen from among the areas of	2038
business/technology, fine arts, and/or foreign language.	2039

(C) Every high school may permit students below the ninth	2040
grade to take advanced work for credit. A high school shall count	2041
such advanced work toward the graduation requirements of division	2042
(B) of this section if the advanced work was both:	2043

(1) Taught by a person who possesses a license or	2044
certificate issued under section 3301.071, 3319.22, or 3319.222 of	2045
the Revised Code that is valid for teaching high school;	2046

(2) Designated by the board of education of the city, local,	2047
or exempted village school district, the board of the cooperative	2048
education school district, or the governing authority of the	2049
chartered nonpublic school as meeting the high school curriculum	2050
requirements.	2051

(D) Units earned in English language arts, mathematics,	2052
science, and social studies that are delivered through integrated	2053
academic and technical instruction are eligible to meet the	2054
graduation requirements of division (B) of this section.	2055

Sec. 3313.608.  (A) This section does not apply to students	2056
who enter the fourth grade after July 1, 2003.	2057

(A) For each school year prior to July 1, 2004, for the test	2058
to measure skill in reading prescribed by former division (A)(1)	2059
of section 3301.0710 of the Revised Code, the state board of	2060
education shall establish at least four ranges of scores to	2061
measure the following levels of skill:	2062

(1) An advanced level of skill;

2063

(2) A proficient level of skill;

2064

(3) A basic level of skill;

2065

(4) A below basic level of skill.

2066

(B) Beginning with students who enter fourth grade in the	2067
school year that starts July 1, 2001, no city, exempted village,	2068
or local school district shall promote to fifth grade any student	2069
who fails to attain the score designated under division (A)(1) of	2070
section 3301.0710 of the Revised Code on the test prescribed	2071
under that division to measure skill in reading, unless either of	2072
the following applies:	2073

(1) The pupil was excused from taking the test under	2074
division (C)(1) of section 3301.0711 of the Revised Code;	2075

(2) The pupil's principal and reading teacher agree that	2076
the pupil is academically prepared, as determined pursuant to the	2077
district policy adopted under section 3313.609 of the Revised	2078
Code, to be promoted to fifth grade.	2079

(B) for any student who attains a score in the range	2080
designated under division (A)(4) of this section on such reading	2081
test, each school district shall do one of the following:	2082

(1) Promote the student to fifth grade if the student's	2083
principal and reading teacher agree that other evaluations of the	2084
student's skill in reading demonstrate that the student is	2085
academically prepared, as determined pursuant to the district	2086
policy adopted under section 3313.609 of the Revised Code, to be	2087
promoted to fifth grade;	2088

(2) Promote the student to fifth grade but provide the	2089
student with intensive intervention services in fifth grade;	2090

(3) Retain the student in fourth grade.

2091

This section does not apply to any student excused from	2092
taking such test under division (C)(1) of section 3301.0711 of the	2093
Revised Code.	2094

(C)(1) To assist students in meeting this fourth grade	2095
guarantee established by this section, each city, exempted	2096
village, and local school district shall adopt policies and	2097
procedures with which it shall, beginning in the school year that	2098
starts July 1, 1998, annually assess the reading skills of each	2099
student at the end of first, second, and third grade and identify	2100
students who are reading below their grade level. The policy and	2101
procedures shall require the students' classroom teachers to be	2102
involved in the assessment and the identification of students	2103
reading below grade level. The district shall notify the parent	2104
or guardian of each student whose reading skills are below grade	2105
level and, in accordance with division (C)(D) of this section,	2106
provide intervention services to each student reading below grade	2107
level. Such intervention services shall include instruction in	2108
intensive, systematic phonetics pursuant to rules adopted by the	2109
state board of education.	2110

(2) For each student identified as reading below grade level	2111
at the end of third grade, the district shall offer intense	2112
remediation services during the summer following third grade.	2113

(3) For each student entering fourth grade after July 1,	2114
2001, who does not attain by the end of the fourth grade the at	2115
least a score designated under division (A)(1) of section	2116
3301.0710 of the Revised Code on the test prescribed under that	2117
division to measure skill in reading in the range designated under	2118
division (A)(2) of this section, the district also shall offer	2119
intense remediation services, and another opportunity to take that	2120
test, during the summer following fourth grade.	2121

(C)(D) For each student required to be offered remediation	2122
intervention services under this section, the district shall	2123
involve the student's parent or guardian and classroom teacher in	2124
developing the intervention strategy, and shall offer to the	2125
parent or guardian the opportunity to be involved in the	2126
intervention services.	2127

(D) Beginning in the summer of 1999, in (E) In addition to	2128
the remediation requirements of divisions (B) and division (C) of	2129
this section, every city, exempted village, or local school	2130
district shall offer summer remediation to any student who has	2131
failed to attain the designated scores indicating proficiency on	2132
three or more of the five tests described by former division	2133
(A)(1) or (2) of section 3301.0710 of the Revised Code.	2134

(E)(F) Any summer remediation services funded in whole or in	2135
part by the state and offered by school districts to students	2136
under this section shall meet the following conditions:	2137

(1) The remediation methods are based on reliable	2138
educational research.	2139

(2) The school districts conduct testing before and after	2140
students participate in the program to facilitate monitoring	2141
results of the remediation services.	2142

(3) The parents of participating students are involved in	2143
programming decisions.	2144

(4) The services are conducted in a school building or	2145
community center and not on an at-home basis.	2146

(G) This section does not create a new cause of action or a	2147
substantive legal right for any person.	2148

Sec. 3313.6011.  (A) As used in this section, "sexual	2149
activity" has the same meaning as in section 2907.01 of the	2150
Revised Code.	2151

(B) Instruction in venereal disease education pursuant to	2152
division(A)(5)(c) of section 3313.60 of the Revised Code shall	2153
emphasize that abstinence from sexual activity is the only	2154
protection that is one hundred per cent effective against unwanted	2155
pregnancy, sexually transmitted disease, and the sexual	2156
transmission of a virus that causes acquired immunodeficiency	2157
syndrome.	2158

(C) In adopting minimum standards under section 3301.07 of	2159
the Revised Code, the state board of education shall require	2160
course material and instruction in venereal disease education	2161
courses taught pursuant to division (A)(5)(c) of section 3313.60	2162
of the Revised Code to do all of the following:	2163

(1) Stress that students should abstain from sexual activity	2164
until after marriage;	2165

(2) Teach the potential physical, psychological, emotional,	2166
and social side effects of participating in sexual activity	2167
outside of marriage;	2168

(3) Teach that conceiving children out of wedlock is likely	2169
to have harmful consequences for the child, the child's parents,	2170
and society;	2171

(4) Stress that sexually transmitted diseases are serious	2172
possible hazards of sexual activity;	2173

(5) Advise students of the laws pertaining to financial	2174
responsibility of parents to children born in and out of wedlock;	2175

(6) Advise students of the circumstances under which it is	2176
criminal to have sexual contact with a person under the age of	2177
sixteen pursuant to section 2907.04 of the Revised Code.	2178

(D) Any model competency-based education program for health	2179
education the state board of education adopts under section	2180
3301.0716 of the Revised Code shall conform to the requirements of	2181
this section.	2182

(E) On and after the effective date of this section March	2183
18, 1999, and notwithstanding section 3302.07 of the Revised Code,	2184
the superintendent of public instruction shall not approve,	2185
pursuant to section 3302.07 of the Revised Code, any waiver of any	2186
requirement of this section or of any rule adopted by the state	2187
board of education pursuant to this section.	2188

Sec. 3313.6012. (A) The board of education of each city,	2189
exempted village, and local school district shall adopt a policy	2190
governing the conduct of academic prevention/intervention services	2191
for all grades and all schools throughout the district. The board	2192
shall update the policy annually. The policy shall include, but	2193
not be limited to, all of the following:	2194

(1) Procedures for using diagnostic assessments to measure	2195
student progress toward the attainment of academic standards and	2196
to identify students who may not attain the academic standards;	2197

(2) A plan for the design of classroom-based intervention	2198
services to meet the instructional needs of individual students as	2199
determined by the results of diagnostic assessments;	2200

(3) Procedures for the regular collection of student	2201
performance data;	2202

(4) Procedures for using student performance data to evaluate	2203
the effectiveness of intervention services and, if necessary, to	2204
modify such services.	2205

The policy shall include any prevention/intervention services	2206
required under sections 3301.0711, 3301.0715, and 3313.608 of the	2207
Revised Code.	2208

(B) In accordance with the policy adopted under division (A)	2209
of this section, each school district shall provide	2210
prevention/intervention services in pertinent subject areas to	2211
students who score below the proficient level on a reading,	2212
writing, mathematics, social studies, or science proficiency test	2213
administered in the fourth, sixth, or ninth grade or below the	2214
basic level on any achievement test or who do not demonstrate	2215
academic performance at their grade level based on the results of	2216
a diagnostic assessment.	2217

Sec. 3313.61.  (A) A diploma shall be granted by the board	2218
of education of any city, exempted village, or local school	2219
district that operates a high school to any person to whom all of	2220
the following apply:	2221

(1) The person has successfully completed the curriculum in	2222
any high school or the individualized education program developed	2223
for the person by any high school pursuant to section 3323.08 of	2224
the Revised Code;	2225

(2) The Subject to section 3313.614 of the Revised Code, the	2226
person has either:	2227

(a) Has attained at least the applicable scores designated	2228
under division (B) of section 3301.0710 of the Revised Code on all	2229
the tests required by that division unless the person was excused	2230
from taking any such test pursuant to division (C)(1) of section	2231
3301.0711 or section 3313.532 of the Revised Code or unless	2232
division (H) or (L) of this section applies to the person;	2233

(b) Has satisfied the alternative conditions prescribed in	2234
section 3313.615 of the Revised Code.	2235

(3) The person is not eligible to receive an honors diploma	2236
granted pursuant to division (B) of this section.	2237

Except as provided in divisions (C), (E), and (J), and (L) of	2238
this section, no diploma shall be granted under this division to	2239
anyone except as provided under this division.	2240

(B) In lieu of a diploma granted under division (A) of this	2241
section, an honors diploma shall be granted, in accordance with	2242
rules of the state board of education, by any such district board	2243
to anyone who successfully completes the curriculum in any high	2244
school or the individualized education program developed for the	2245
person by any high school pursuant to section 3323.08 of the	2246
Revised Code, who has attained subject to section 3313.614 of the	2247
Revised Code at least the applicable scores designated under	2248
division (B) of section 3301.0710 of the Revised Code on all the	2249
tests required by that division, or has satisfied the alternative	2250
conditions prescribed in section 3313.615 of the Revised Code, and	2251
who has met additional criteria established by the state board for	2252
the granting of such a diploma. Except as provided in divisions	2253
(C), (E), and (J) of this section, no honors diploma shall be	2254
granted to anyone failing to comply with this division and no more	2255
than one honors diploma shall be granted to any student under this	2256
division.	2257

The state board shall adopt rules prescribing the granting of	2258
honors diplomas under this division. These rules may prescribe	2259
the granting of honors diplomas that recognize a student's	2260
achievement as a whole or that recognize a student's achievement	2261
in one or more specific subjects or both. In any case, the rules	2262
shall designate two or more criteria for the granting of each type	2263
of honors diploma the board establishes under this division and	2264
the number of such criteria that must be met for the granting of	2265
that type of diploma. The number of such criteria for any type of	2266
honors diploma shall be at least one less than the total number of	2267
criteria designated for that type and no one or more particular	2268
criteria shall be required of all persons who are to be granted	2269
that type of diploma.	2270

(C) Any such district board administering any of the tests	2271
required by section 3301.0710 or 3301.0712 of the Revised Code to	2272
any person requesting to take such test pursuant to division	2273
(B)(5)(6)(b) of section 3301.0711 of the Revised Code shall award	2274
a diploma to such person if the person attains at least the	2275
applicable scores designated under division (B) of section	2276
3301.0710 of the Revised Code on all the tests administered and if	2277
the person has previously attained the applicable scores on all	2278
the other tests required by division (B) of that section or has	2279
been exempted or excused from any such test pursuant to division	2280
(H) or (L) of this section or division (C)(1) of section 3301.0711	2281
or section 3313.532 of the Revised Code.	2282

(D) Each diploma awarded under this section shall be signed	2283
by the president and treasurer of the issuing board, the	2284
superintendent of schools, and the principal of the high school.	2285
Each diploma shall bear the date of its issue, be in such form as	2286
the district board prescribes, and be paid for out of the	2287
district's general fund.	2288

(E) A person who is a resident of Ohio and is eligible under	2289
state board of education minimum standards to receive a high	2290
school diploma based in whole or in part on credits earned while	2291
an inmate of a correctional institution operated by the state or	2292
any political subdivision thereof, shall be granted such diploma	2293
by the correctional institution operating the programs in which	2294
such credits were earned, and by the board of education of the	2295
school district in which the inmate resided immediately prior to	2296
the inmate's placement in the institution. The diploma granted by	2297
the correctional institution shall be signed by the director of	2298
the institution, and by the person serving as principal of the	2299
institution's high school and shall bear the date of issue.	2300

(F) Persons who are not residents of Ohio but who are	2301
inmates of correctional institutions operated by the state or any	2302
political subdivision thereof, and who are eligible under state	2303
board of education minimum standards to receive a high school	2304
diploma based in whole or in part on credits earned while an	2305
inmate of the correctional institution, shall be granted a diploma	2306
by the correctional institution offering the program in which the	2307
credits were earned. The diploma granted by the correctional	2308
institution shall be signed by the director of the institution and	2309
by the person serving as principal of the institution's high	2310
school and shall bear the date of issue.	2311

(G) The state board of education shall provide by rule for	2312
the administration of the tests required by section 3301.0710 of	2313
the Revised Code to inmates of correctional institutions.	2314

(H) Any person to whom all of the following apply shall be	2315
exempted from attaining the applicable score on the test in social	2316
studies designated under division (B) of section 3301.0710 of the	2317
Revised Code or the test in citizenship designated under former	2318
division (B) of section 3301.0710 of the Revised Code as it	2319
existed prior to the effective date of this amendment:	2320

(1) The person is not a citizen of the United States;

2321

(2) The person is not a permanent resident of the United	2322
States;	2323

(3) The person indicates no intention to reside in the	2324
United States after the completion of high school.	2325

(I) Notwithstanding division (D) of section 3311.19 and	2326
division (D) of section 3311.52 of the Revised Code, this section	2327
and section 3311.611 of the Revised Code do not apply to the board	2328
of education of any joint vocational school district or any	2329
cooperative education school district established pursuant to	2330
divisions (A) to (C) of section 3311.52 of the Revised Code.	2331

(J) Upon receipt of a notice under division (D) of section	2332
3325.08 of the Revised Code that a student has received a diploma	2333
under that section, the board of education receiving the notice	2334
may grant a high school diploma under this section to the student,	2335
except that such board shall grant the student a diploma if the	2336
student meets the graduation requirements that the student would	2337
otherwise have had to meet to receive a diploma from the district.	2338
The diploma granted under this section shall be of the same type	2339
the notice indicates the student received under section 3325.08 of	2340
the Revised Code.	2341

(K) As used in this division, "English-limited student" has	2342
the same meaning as in division (C)(3) of section 3301.0711 of the	2343
Revised Code.	2344

Notwithstanding the exemption for English-limited students	2345
provided in division (C)(3) of section 3301.0711 of the Revised	2346
Code, no English-limited student who has not attained the	2347
applicable scores designated under division (B) of section	2348
3301.0710 of the Revised Code on all five proficiency the tests	2349
required by that division shall be awarded a diploma under this	2350
section.	2351

(L) Any student described by division (A)(1) of this section	2352
may be awarded a diploma without attaining the applicable scores	2353
designated on the tests prescribed under division (B) of section	2354
3301.0710 of the Revised Code provided an individualized education	2355
program specifically exempts the student from attaining such	2356
scores. This division does not negate the requirement for such a	2357
student to take all such tests or alternate assessments required	2358
by division (C)(1) of section 3301.0711 of the Revised Code for	2359
the purpose of assessing student progress as required by federal	2360
law.	2361

Sec. 3313.611.  (A) The state board of education shall	2362
adopt, by rule, standards for awarding high school credit	2363
equivalent to credit for completion of high school academic and	2364
vocational education courses to applicants for diplomas under this	2365
section. The standards may permit high school credit to be	2366
granted to an applicant for any of the following:	2367

(1) Work experiences or experiences as a volunteer;

2368

(2) Completion of academic, vocational, or self-improvement	2369
courses offered to persons over the age of twenty-one by a	2370
chartered public or nonpublic school;	2371

(3) Completion of academic, vocational, or self-improvement	2372
courses offered by an organization, individual, or educational	2373
institution other than a chartered public or nonpublic school;	2374

(4) Other life experiences considered by the board to	2375
provide knowledge and learning experiences comparable to that	2376
gained in a classroom setting.	2377

(B) The board of education of any city, exempted village, or	2378
local school district that operates a high school shall grant a	2379
diploma of adult education to any applicant if all of the	2380
following apply:	2381

(1) The applicant is a resident of the district;

2382

(2) The applicant is over the age of twenty-one and has not	2383
been issued a diploma as provided in section 3313.61 of the	2384
Revised Code;	2385

(3) The Subject to section 3313.614 of the Revised Code, the	2386
applicant has either:	2387

(a) Has attained the applicable scores designated under	2388
division (B) of section 3301.0710 of the Revised Code on all of	2389
the tests required by that division or was excused or exempted	2390
from any such test pursuant to division (C)(1) of section	2391
3301.0711, section 3313.532, or division (H) or (L) of section	2392
3313.61 of the Revised Code;	2393

(b) Has satisfied the alternative conditions prescribed in	2394
section 3313.615 of the Revised Code.	2395

(4) The district board determines, in accordance with the	2396
standards adopted under division (A) of this section, that the	2397
applicant has attained sufficient high school credits, including	2398
equivalent credits awarded under such standards, to qualify as	2399
having successfully completed the curriculum required by the	2400
district for graduation.	2401

(C) If a district board determines that an applicant is not	2402
eligible for a diploma under division (B) of this section, it	2403
shall inform the applicant of the reason the applicant is	2404
ineligible and shall provide a list of any courses required for	2405
the diploma for which the applicant has not received credit. An	2406
applicant may reapply for a diploma under this section at any	2407
time.	2408

(D) If a district board awards an adult education diploma	2409
under this section, the president and treasurer of the board and	2410
the superintendent of schools shall sign it. Each diploma shall	2411
bear the date of its issuance, be in such form as the district	2412
board prescribes, and be paid for from the district's general	2413
fund, except that the state board may by rule prescribe standard	2414
language to be included on each diploma.	2415

(E) As used in this division, "English-limited student" has	2416
the same meaning as in division (C)(3) of section 3301.0711 of the	2417
Revised Code.	2418

Notwithstanding the exemption for English-limited students	2419
provided in division (C)(3) of section 3301.0711 of the Revised	2420
Code, no English-limited student who has not attained the	2421
applicable scores designated under division (B) of section	2422
3301.0710 of the Revised Code on all five proficiency the tests	2423
required by that division shall be awarded a diploma under this	2424
section.	2425

Sec. 3313.612.  On and after September 15, 1998, no (A) No	2426
nonpublic school chartered by the state board of education shall	2427
grant any high school diploma to any person unless the person has	2428
attained, subject to section 3313.614 of the Revised Code at least	2429
the applicable scores designated under division (B) of section	2430
3301.0710 of the Revised Code on all the tests required by that	2431
division except as follows:, or has satisfied the alternative	2432
conditions prescribed in section 3313.615 of the Revised Code.	2433

(A)(B) This prohibition section does not apply to any either	2434
of the following:	2435

(1) Any person with regard to any test from which the person	2436
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2437
the Revised Code;	2438

(B) This prohibition does not apply to any (2) Any person	2439
with regard to the citizenship social studies test or the	2440
citizenship test under former division (B) of section 3301.0710 of	2441
the Revised Code as it existed prior to the effective date of this	2442
amendment if all of the following apply:	2443

(1)(a) The person is not a citizen of the United States;

2444

(2)(b) The person is not a permanent resident of the United	2445
States;	2446

(3)(c) The person indicates no intention to reside in the	2447
United States after completion of high school.	2448

(C) As used in this division, "English-limited student" has	2449
the same meaning as in division (C)(3) of section 3301.0711 of the	2450
Revised Code.	2451

Notwithstanding the exemption for English-limited students	2452
provided in division (C)(3) of section 3301.0711 of the Revised	2453
Code, no English-limited student who has not attained the	2454
applicable scores designated under division (B) of section	2455
3301.0710 of the Revised Code on all five proficiency the tests	2456
required by that division shall be awarded a diploma under this	2457
section.	2458

Sec. 3313.614.  (A) As used in this section, a person	2459
"fulfills the curriculum requirement for a diploma" at the time	2460
one of the following conditions is satisfied:	2461

(1) The person successfully completes the high school	2462
curriculum of a school district, a community school, a chartered	2463
nonpublic school, or a correctional institution.	2464

(2) The person successfully completes the individualized	2465
education program developed for the person under section 3323.08	2466
of the Revised Code.	2467

(3) A board of education issues its determination under	2468
section 3313.611 of the Revised Code that the person qualifies as	2469
having successfully completed the curriculum required by the	2470
district.	2471

(B) This division specifies the testing requirements that	2472
must be fulfilled as a condition toward granting high school	2473
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	2474
of the Revised Code.	2475

(1) A person who fulfills the curriculum requirement for a	2476
diploma before September 15, 2000, is not required to pass any	2477
proficiency test or achievement test in science as a condition to	2478
receiving a diploma.	2479

(2) Except as provided in division (B)(3) of this section,	2480
a person who fulfills the curriculum requirement for a diploma	2481
prior to September 15, 2006, is not required to pass the Ohio	2482
graduation test in any subject as a condition to receiving a	2483
diploma once the person has passed the ninth grade proficiency	2484
test in the same subject, so long as the person passed the ninth	2485
grade proficiency test prior to September 15, 2008. For this	2486
purpose, the ninth grade proficiency test in citizenship	2487
substitutes for the Ohio graduation test in social studies. If a	2488
person fulfills the curriculum requirement for a diploma prior to	2489
September 15, 2006, but does not pass a ninth grade proficiency	2490
test in a particular subject before September 15, 2008, and	2491
passage of a test in that subject is a condition for the person to	2492
receive a diploma, the person must pass the Ohio graduation test	2493
in that subject to receive a diploma.	2494

(3) A person who begins tenth grade after July 1, 2004,	2495
in a school district, community school, or chartered nonpublic	2496
school is not eligible to receive a diploma based on passage of	2497
ninth grade proficiency tests. Each such person must pass Ohio	2498
graduation tests to meet the testing requirements applicable to	2499
that person as a condition to receiving a diploma.	2500

(C) Once a person fulfills the curriculum requirement for a	2501
diploma, the person is never required, as a condition of receiving	2502
a diploma, to meet any different curriculum requirements that take	2503
effect pending the person's passage of proficiency or achievement	2504
tests, including changes mandated by section 3313.603 of the	2505
Revised Code, the state board, a school district board of	2506
education, or a governing authority of a community school or	2507
chartered nonpublic school.	2508

Sec. 3313.615.  This section shall apply to diplomas awarded	2509
after September 15, 2006, to students who are required to take the	2510
five Ohio graduation tests prescribed by division (B) of section	2511
3301.0710 of the Revised Code.	2512

(A) As an alternative to the requirement that a person	2513
attain the scores designated under division (B) of section	2514
3301.0710 of the Revised Code on all the tests required under that	2515
division in order to be eligible for a high school diploma or an	2516
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	2517
Revised Code or for a diploma of adult education under section	2518
3313.611 of the Revised Code, a person who has attained at least	2519
the applicable scores designated under division (B) of section	2520
3301.0710 of the Revised Code on all but one of the tests required	2521
by that division and from which the person was not excused or	2522
exempted, pursuant to division (H) or (L) of section 3313.61,	2523
division (B) of section 3313.612, or section 3313.532 of the	2524
Revised Code, may be awarded a diploma or honors diploma if the	2525
person has satisfied all of the following conditions:	2526

(1) On the one test required under division (B) of section	2527
3301.0710 of the Revised Code for which the person failed to	2528
attain the designated score, the person missed that score by ten	2529
points or less;	2530

(2) Has a ninety-seven per cent school attendance rate in	2531
each of the last four school years, excluding any excused	2532
absences;	2533

(3) Has not been expelled from school under section	2534
3313.66 of the Revised Code in any of the last four school years;	2535

(4) Has a grade point average of at least 2.5 out of 4.0,	2536
or its equivalent as designated in rules adopted by the state	2537
board of education in the subject area of the test required under	2538
division (B) of section 3301.0710 of the Revised Code for which	2539
the person failed to attain the designated score;	2540

(5) Has completed the high school curriculum requirements	2541
prescribed in section 3313.603 of the Revised Code in the subject	2542
area described in division (A)(4) of this section;	2543

(6) Has taken advantage of any intervention programs	2544
provided by the school district or school in the subject area	2545
described in division (A)(4) of this section and has a	2546
ninety-seven per cent attendance rate, excluding any excused	2547
absences, in any of those programs that are provided at times	2548
beyond the normal school day, school week, or school year or has	2549
received comparable intervention services from a source other than	2550
the school district or school;	2551

(7) Holds a letter recommending graduation from each of the	2552
person's high school teachers in the subject area described in	2553
division (A)(4) of this section and from the person's high school	2554
principal.	2555

(B) The state board of education shall establish rules	2556
designating grade point averages equivalent to the average	2557
specified in division (A)(4) of this section for use by school	2558
districts and schools with different grading systems.	2559

Sec. 3313.978.  (A) Annually by the first day of November,	2560
the superintendent of public instruction shall notify the pilot	2561
project school district of the number of initial scholarships that	2562
the state superintendent will be awarding in each of grades	2563
kindergarten through third.	2564

The state superintendent shall provide information about the	2565
scholarship program to all students residing in the district,	2566
shall accept applications from any such students until such date	2567
as shall be established by the state superintendent as a deadline	2568
for applications, and shall establish criteria for the selection	2569
of students to receive scholarships from among all those applying	2570
prior to the deadline, which criteria shall give preference to	2571
students from low-income families. For each student selected, the	2572
state superintendent shall also determine whether the student	2573
qualifies for seventy-five or ninety per cent of the scholarship	2574
amount. Students whose family income is at or above two hundred	2575
per cent of the maximum income level established by the state	2576
superintendent for low-income families shall qualify for	2577
seventy-five per cent of the scholarship amount and students whose	2578
family income is below two hundred per cent of that maximum income	2579
level shall qualify for ninety per cent of the scholarship amount.	2580
The state superintendent shall notify students of their selection	2581
prior to the fifteenth day of January and whether they qualify for	2582
seventy-five or ninety per cent of the scholarship amount.	2583

(1) A student receiving a pilot project scholarship may	2584
utilize it at an alternative public school by notifying the	2585
district superintendent, at any time before the beginning of the	2586
school year, of the name of the public school in an adjacent	2587
school district to which the student has been accepted pursuant to	2588
section 3327.06 of the Revised Code.	2589

(2) A student may decide to utilize a pilot project	2590
scholarship at a registered private school in the district if all	2591
of the following conditions are met:	2592

(a) By the fifteenth day of February of the preceding school	2593
year, or at any time prior to the start of the school year, the	2594
parent makes an application on behalf of the student to a	2595
registered private school.	2596

(b) The registered private school notifies the parent and	2597
the state superintendent as follows that the student has been	2598
admitted:	2599

(i) By the fifteenth day of March of the preceding school	2600
year if the student filed an application by the fifteenth day of	2601
February and was admitted by the school pursuant to division (A)	2602
of section 3313.977 of the Revised Code;	2603

(ii) Within one week of the decision to admit the student if	2604
the student is admitted pursuant to division (C) of section	2605
3313.977 of the Revised Code.	2606

(c) The student actually enrolls in the registered private	2607
school to which the student was first admitted or in another	2608
registered private school in the district or in a public school in	2609
an adjacent school district.	2610

(B) The state superintendent shall also award in any school	2611
year tutorial assistance grants to a number of students equal to	2612
the number of students who receive scholarships under division (A)	2613
of this section. Tutorial assistance grants shall be awarded	2614
solely to students who are enrolled in the public schools of the	2615
district in a grade level covered by the pilot project. Tutorial	2616
assistance grants may be used solely to obtain tutorial assistance	2617
from a provider approved pursuant to division (D) of section	2618
3313.976 of the Revised Code.	2619

All students wishing to obtain tutorial assistance grants	2620
shall make application to the state superintendent by the first	2621
day of the school year in which the assistance will be used. The	2622
state superintendent shall award assistance grants in accordance	2623
with criteria the superintendent shall establish. For each	2624
student awarded a grant, the state superintendent shall also	2625
determine whether the student qualifies for seventy-five or ninety	2626
per cent of the grant amount and so notify the student. Students	2627
whose family income is at or above two hundred per cent of the	2628
maximum income level established by the state superintendent for	2629
low-income families shall qualify for seventy-five per cent of the	2630
grant amount and students whose family income is below two hundred	2631
per cent of that maximum income level shall qualify for ninety per	2632
cent of the grant amount.	2633

(C)(1) In the case of basic scholarships, the scholarship	2634
amount shall not exceed the lesser of the tuition charges of the	2635
alternative school the scholarship recipient attends or an amount	2636
established by the state superintendent not in excess of	2637
twenty-five hundred dollars.	2638

(2) The state superintendent shall provide for an increase	2639
in the basic scholarship amount in the case of any student who is	2640
a mainstreamed handicapped student and shall further increase such	2641
amount in the case of any separately educated handicapped child.	2642
Such increases shall take into account the instruction, related	2643
services, and transportation costs of educating such students.	2644

(3) In the case of tutorial assistance grants, the grant	2645
amount shall not exceed the lesser of the provider's actual	2646
charges for such assistance or a percentage established by the	2647
state superintendent, not to exceed twenty per cent, of the amount	2648
of the pilot project school district's average basic scholarship	2649
amount.	2650

(4) No scholarship or tutorial assistance grant shall be	2651
awarded unless the state superintendent determines that	2652
twenty-five or ten per cent, as applicable, of the amount	2653
specified for such scholarship or grant pursuant to division	2654
(C)(1), (2), or (3) of this section will be furnished by a	2655
political subdivision, a private nonprofit or for profit entity,	2656
or another person. Only seventy-five or ninety per cent of such	2657
amounts, as applicable, shall be paid from state funds pursuant to	2658
section 3313.979 of the Revised Code.	2659

(D)(1) Annually by the first day of November, the state	2660
superintendent shall estimate the maximum per-pupil scholarship	2661
amounts for the ensuing school year. The state superintendent	2662
shall make this estimate available to the general public at the	2663
offices of the district board of education together with the forms	2664
required by division (D)(2) of this section.	2665

(2) Annually by the fifteenth day of January, the chief	2666
administrator of each registered private school located in the	2667
pilot project district and the principal of each public school in	2668
such district shall complete a parental information form and	2669
forward it to the president of the board of education. The	2670
parental information form shall be prescribed by the department of	2671
education and shall provide information about the grade levels	2672
offered, the numbers of students, tuition amounts, proficiency	2673
examination achievement test results, and any sectarian or other	2674
organizational affiliations.	2675

Sec. 3314.03.  (A) Each contract entered into under section	2676
3314.02 of the Revised Code between a sponsor and the governing	2677
authority of a community school shall specify the following:	2678

(1) That the school shall be established as a nonprofit	2679
corporation established under Chapter 1702. of the Revised Code;	2680

(2) The education program of the school, including the	2681
school's mission, the characteristics of the students the school	2682
is expected to attract, the ages and grades of students, and the	2683
focus of the curriculum;	2684

(3) The academic goals to be achieved and the method of	2685
measurement that will be used to determine progress toward those	2686
goals, which shall include the statewide proficiency achievement	2687
tests;	2688

(4) Performance standards by which the success of the school	2689
will be evaluated by the sponsor;	2690

(5) The admission standards of section 3314.06 of the	2691
Revised Code;	2692

(6) Dismissal procedures;

2693

(7) The ways by which the school will achieve racial and	2694
ethnic balance reflective of the community it serves;	2695

(8) Requirements and procedures for financial audits by the	2696
auditor of state. The contract shall require financial records of	2697
the school to be maintained in the same manner as are financial	2698
records of school districts, pursuant to rules of the auditor of	2699
state, and the audits shall be conducted in accordance with	2700
section 117.10 of the Revised Code.	2701

(9) The facilities to be used and their locations;

2702

(10) Qualifications of teachers, including a requirement	2703
that the school's classroom teachers be licensed in accordance	2704
with sections 3319.22 to 3319.31 of the Revised Code, except that	2705
a community school may engage noncertificated persons to teach up	2706
to twelve hours per week pursuant to section 3319.301 of the	2707
Revised Code;	2708

(11) That the school will comply with the following	2709
requirements:	2710

(a) The school will provide learning opportunities to a	2711
minimum of twenty-five students for a minimum of nine hundred	2712
twenty hours per school year;	2713

(b) The governing authority will purchase liability	2714
insurance, or otherwise provide for the potential liability of the	2715
school;	2716

(c) The school will be nonsectarian in its programs,	2717
admission policies, employment practices, and all other	2718
operations, and will not be operated by a sectarian school or	2719
religious institution;	2720

(d) The school will comply with divisions (A), (B), and (C)	2721
of section 3301.0715 and sections 9.90, 9.91, 109.65, 121.22,	2722
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	2723
3301.0712, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,	2724
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	2725
3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17,	2726
and 4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123.,	2727
4141., and 4167. of the Revised Code as if it were a school	2728
district;	2729

(e) The school shall comply with Chapter 102. of the Revised	2730
Code except that nothing in that chapter shall prohibit a member	2731
of the school's governing board from also being an employee of the	2732
school and nothing in that chapter or section 2921.42 of the	2733
Revised Code shall prohibit a member of the school's governing	2734
board from having an interest in a contract into which the	2735
governing board enters;	2736

(f) The school will comply with sections 3313.61 and,	2737
3313.611, and 3313.614 of the Revised Code, except that the	2738
requirement in those sections 3313.61 and 3313.611 of the Revised	2739
Code that a person must successfully complete the curriculum in	2740
any high school prior to receiving a high school diploma may be	2741
met by completing the curriculum adopted by the governing	2742
authority of the community school rather than the curriculum	2743
specified in Title XXXIII of the Revised Code or any rules of the	2744
state board of education;	2745

(g) The school governing authority will submit an annual	2746
report of its activities and progress in meeting the goals and	2747
standards of divisions (A)(3) and (4) of this section and its	2748
financial status to the sponsor, the parents of all students	2749
enrolled in the school, and the legislative office of education	2750
oversight. The school will collect and provide any data that the	2751
legislative office of education oversight requests in furtherance	2752
of any study or research that the general assembly requires the	2753
office to conduct, including the studies required under Section	2754
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	2755
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	2756
assembly, as amended.	2757

(12) Arrangements for providing health and other benefits to	2758
employees;	2759

(13) The length of the contract, which shall begin at the	2760
beginning of an academic year and shall not exceed five years;	2761

(14) The governing authority of the school, which shall be	2762
responsible for carrying out the provisions of the contract;	2763

(15) A financial plan detailing an estimated school budget	2764
for each year of the period of the contract and specifying the	2765
total estimated per pupil expenditure amount for each such year.	2766
The plan shall specify for each year the base formula amount that	2767
will be used for purposes of funding calculations under section	2768
3314.08 of the Revised Code. This base formula amount for any	2769
year shall not exceed the formula amount defined under section	2770
3317.02 of the Revised Code. The plan may also specify for any	2771
year a percentage figure to be used for reducing the per pupil	2772
amount of disadvantaged pupil impact aid calculated pursuant to	2773
section 3317.029 of the Revised Code the school is to receive that	2774
year under section 3314.08 of the Revised Code.	2775

(16) Requirements and procedures regarding the disposition	2776
of employees of the school in the event the contract is terminated	2777
or not renewed pursuant to section 3314.07 of the Revised Code;	2778

(17) Whether the school is to be created by converting all	2779
or part of an existing public school or is to be a new start-up	2780
school, and if it is a converted public school, specification of	2781
any duties or responsibilities of an employer that the board of	2782
education that operated the school before conversion is delegating	2783
to the governing board of the community school with respect to all	2784
or any specified group of employees provided the delegation is not	2785
prohibited by a collective bargaining agreement applicable to such	2786
employees;	2787

(18) Provisions establishing procedures for resolving	2788
disputes or differences of opinion between the sponsor and the	2789
governing authority of the community school;	2790

(19) A provision requiring the governing authority to adopt	2791
a policy regarding the admission of students who reside outside	2792
the district in which the school is located. That policy shall	2793
comply with the admissions procedures specified in section 3314.06	2794
of the Revised Code and, at the sole discretion of the authority,	2795
shall do one of the following:	2796

(a) Prohibit the enrollment of students who reside outside	2797
the district in which the school is located;	2798

(b) Permit the enrollment of students who reside in	2799
districts adjacent to the district in which the school is located;	2800

(c) Permit the enrollment of students who reside in any	2801
other district in the state.	2802

(B) The community school shall also submit to the sponsor a	2803
comprehensive plan for the school. The plan shall specify the	2804
following:	2805

(1) The process by which the governing authority of the	2806
school will be selected in the future;	2807

(2) The management and administration of the school;

2808

(3) If the community school is a currently existing public	2809
school, alternative arrangements for current public school	2810
students who choose not to attend the school and teachers who	2811
choose not to teach in the school after conversion;	2812

(4) The instructional program and educational philosophy of	2813
the school;	2814

(5) Internal financial controls.

2815

(C) A contract entered into under section 3314.02 of the	2816
Revised Code between a sponsor and the governing authority of a	2817
community school may provide for the community school governing	2818
authority to make payments to the sponsor, which is hereby	2819
authorized to receive such payments as set forth in the contract	2820
between the governing authority and the sponsor.	2821

Sec. 3314.20.  This section does not apply to any school	2822
district declared to be excellent or effective pursuant to	2823
division (B)(1) or (2) of section 3302.03 of the Revised Code.	2824

(A) The department of education shall recommend rules to the	2825
general assembly requiring school districts with a total student	2826
count of over five thousand, as determined pursuant to section	2827
3317.03 of the Revised Code, to designate one school building to	2828
be operated by a site-based management council. The rules shall	2829
specify the composition of the council and the manner in which	2830
members of the council are to be selected and removed.	2831

(B) The rules adopted under division (A) of this section	2832
shall specify those powers, duties, functions, and	2833
responsibilities that shall be vested in the management council	2834
and that would otherwise be exercised by the district board of	2835
education. The rules shall also establish a mechanism for	2836
resolving any differences between the council and the district	2837
board if there is disagreement as to their respective powers,	2838
duties, functions, and responsibilities.	2839

(C) The board of education of any school district described	2840
by division (A) of this section may, in lieu of complying with the	2841
rules adopted under this section, file with the department of	2842
education an alternative structure for a district site-based	2843
management program in at least one of its school buildings. The	2844
proposal shall specify the composition of the council, which shall	2845
include an equal number of parents and teachers and the building	2846
principal, and the method of selection and removal of the council	2847
members. The proposal shall also clearly delineate the respective	2848
powers, duties, functions, and responsibilities of the district	2849
board and the council. The district's proposal shall comply	2850
substantially with the rules approved by the general assembly.	2851

(D) The rules recommended under this section shall take	2852
effect upon approval of the general assembly through the passage	2853
of a joint resolution.	2854

Sec. 3317.012.  (A) The general assembly, having analyzed	2855
school district expenditure and cost data for fiscal year 1996,	2856
performed the calculation described in division (B) of this	2857
section, and adjusted the results for inflation, hereby determines	2858
that the base cost of an adequate education per pupil for the	2859
fiscal year beginning July 1, 1998, is $4,063. For the five	2860
following fiscal years, the base cost per pupil for each of those	2861
years, reflecting an annual rate of inflation of two and	2862
eight-tenths per cent, is $4,177 for fiscal year 2000, $4,294 for	2863
fiscal year 2001, $4,414 for fiscal year 2002, $4,538 for fiscal	2864
year 2003, and $4,665 for fiscal year 2004.	2865

(B) In determining the base cost stated in division (A) of	2866
this section, capital and debt costs, costs paid for by federal	2867
funds, and costs covered by funds provided pursuant to sections	2868
3317.023 and 3317.024 of the Revised Code as they existed prior to	2869
July 1, 1998, for disadvantaged pupil impact aid and	2870
transportation were excluded, as were the effects on the	2871
districts' state funds of the application of the	2872
cost-of-doing-business factors, assuming an eighteen per cent	2873
variance.	2874

The base cost for fiscal year 1996 was calculated as the	2875
unweighted average cost per student, on a school district basis,	2876
of educating students who were not receiving vocational education	2877
or services pursuant to Chapter 3323. of the Revised Code and who	2878
were enrolled in a city, exempted village, or local school	2879
district that in fiscal year 1994 met all of the following	2880
criteria:	2881

(1) The district met at least all but one of the following	2882
performance standards indicators:	2883

(a) A three per cent or lower dropout rate;

2884

(b) At least seventy-five per cent of fourth graders	2885
proficient on the mathematics test prescribed under former	2886
division (A)(1) of section 3301.0710 of the Revised Code;	2887

(c) At least seventy-five per cent of fourth graders	2888
proficient on the reading test prescribed under former division	2889
(A)(1) of section 3301.0710 of the Revised Code;	2890

(d) At least seventy-five per cent of fourth graders	2891
proficient on the writing test prescribed under former division	2892
(A)(1) of section 3301.0710 of the Revised Code;	2893

(e) At least seventy-five per cent of fourth graders	2894
proficient on the citizenship test prescribed under former	2895
division (A)(1) of section 3301.0710 of the Revised Code;	2896

(f) At least seventy-five per cent of ninth graders	2897
proficient on the mathematics test prescribed under former	2898
division (B) of section 3301.0710 of the Revised Code;	2899

(g) At least seventy-five per cent of ninth graders	2900
proficient on the reading test prescribed under former division	2901
(B) of section 3301.0710 of the Revised Code;	2902

(h) At least seventy-five per cent of ninth graders	2903
proficient on the writing test prescribed under former division	2904
(B) of section 3301.0710 of the Revised Code;	2905

(i) At least seventy-five per cent of ninth graders	2906
proficient on the citizenship test prescribed under former	2907
division (B) of section 3301.0710 of the Revised Code;	2908

(j) At least eighty-five per cent of tenth graders	2909
proficient on the mathematics test prescribed under former	2910
division (B) of section 3301.0710 of the Revised Code;	2911

(k) At least eighty-five per cent of tenth graders	2912
proficient on the reading test prescribed under former division	2913
(B) of section 3301.0710 of the Revised Code;	2914

(l) At least eighty-five per cent of tenth graders	2915
proficient on the writing test prescribed under former division	2916
(B) of section 3301.0710 of the Revised Code;	2917

(m) At least eighty-five per cent of tenth graders	2918
proficient on the citizenship test prescribed under former	2919
division (B) of section 3301.0710 of the Revised Code;	2920

(n) At least sixty per cent of twelfth graders proficient on	2921
the mathematics test prescribed under former division (A)(3) of	2922
section 3301.0710 of the Revised Code;	2923

(o) At least sixty per cent of twelfth graders proficient on	2924
the reading test prescribed under former division (A)(3) of	2925
section 3301.0710 of the Revised Code;	2926

(p) At least sixty per cent of twelfth graders proficient on	2927
the writing test prescribed under former division (A)(3) of	2928
section 3301.0710 of the Revised Code;	2929

(q) At least sixty per cent of twelfth graders proficient on	2930
the citizenship test prescribed under former division (A)(3) of	2931
section 3301.0710 of the Revised Code;	2932

(r) An attendance rate for the year of at least ninety-three	2933
per cent as defined in section 3302.01 of the Revised Code.	2934

(2) The district was not among the ten per cent of all	2935
districts with the highest income factors, as defined in section	2936
3317.02 of the Revised Code, nor among the ten per cent of all	2937
districts with the lowest income factors.	2938

(3) The district was not among the five per cent of all	2939
districts with the highest valuation per pupil in ADM, as reported	2940
under division (A) of section 3317.03 of the Revised Code as it	2941
existed prior to July 1, 1998, nor among the five per cent of all	2942
districts with the lowest valuation per pupil.	2943

(C) In July of 2000, and in July of every six years	2944
thereafter, the speaker of the house of representatives and the	2945
president of the senate shall each appoint three members to a	2946
committee to reexamine the cost of an adequate education. No more	2947
than two members from any political party shall represent each	2948
house. The director of budget and management and the	2949
superintendent of public instruction shall serve as nonvoting ex	2950
officio members of the committee.	2951

The committee shall select a rational methodology for	2952
calculating the costs of an adequate education system for the	2953
ensuing six-year period, and shall report the methodology and the	2954
resulting costs to the general assembly. In performing its	2955
function, the committee is not bound by any method used by	2956
previous general assemblies to examine and calculate costs and	2957
instead may utilize any rational method it deems suitable and	2958
reasonable given the educational needs and requirements of the	2959
state at that time.	2960

The methodology for determining the cost of an adequate	2961
education system shall take into account the basic educational	2962
costs that all districts incur in educating regular students, the	2963
unique needs of special categories of students, and significant	2964
special conditions encountered by certain classifications of	2965
school districts.	2966

Any committee appointed pursuant to this section shall make	2967
its report to the office of budget and management and the general	2968
assembly within six months of its appointment so that the	2969
information is available for use by the office and the general	2970
assembly in preparing the next biennial appropriations act.	2971

Sec. 3317.029.  (A) As used in this section:

2972

(1) "DPIA percentage" means the quotient obtained by	2973
dividing the five-year average number of children ages five to	2974
seventeen residing in the school district and living in a family	2975
receiving family assistance, as certified or adjusted under	2976
section 3317.10 of the Revised Code, by the district's three-year	2977
average formula ADM.	2978

(2) "Family assistance" means assistance received under the	2979
Ohio works first program or, for the purpose of determining the	2980
five-year average number of recipients of family assistance in	2981
fiscal years 1999 through 2002, assistance received under an	2982
antecedent program known as TANF or ADC.	2983

(3) "Statewide DPIA percentage" means the five-year average	2984
of the total number of children ages five to seventeen years	2985
residing in the state and receiving family assistance, divided by	2986
the sum of the three-year average formula ADMs for all school	2987
districts in the state.	2988

(4) "DPIA index" means the quotient obtained by dividing the	2989
school district's DPIA percentage by the statewide DPIA	2990
percentage.	2991

(5) "Kindergarten ADM" means the number of students reported	2992
under section 3317.03 of the Revised Code as enrolled in	2993
kindergarten.	2994

(6) "Kindergarten through third grade ADM" means the amount	2995
calculated as follows:	2996

(a) Multiply the kindergarten ADM by the sum of one plus the	2997
all-day kindergarten percentage;	2998

(b) Add the number of students in grades one through three;

2999

(c) Subtract from the sum calculated under division	3000
(A)(6)(b) of this section the number of special education students	3001
in grades kindergarten through three.	3002

(7) "Statewide average teacher salary" means forty thousand	3003
one hundred eighty-seven dollars in fiscal year 2000, and	3004
forty-one thousand three hundred twelve dollars in fiscal year	3005
2001, which includes an amount for the value of fringe benefits.	3006

(8) "All-day kindergarten" means a kindergarten class that	3007
is in session five days per week for not less than the same number	3008
of clock hours each day as for pupils in grades one through six.	3009

(9) "All-day kindergarten percentage" means the percentage	3010
of a district's actual total number of students enrolled in	3011
kindergarten who are enrolled in all-day kindergarten.	3012

(10) "Buildings with the highest concentration of need"	3013
means the school buildings in a district with percentages of	3014
students receiving family assistance in grades kindergarten	3015
through three at least as high as the district-wide percentage of	3016
students receiving family assistance. If, however, the	3017
information provided by the department of job and family services	3018
under section 3317.10 of the Revised Code is insufficient to	3019
determine the family assistance percentage in each building,	3020
"buildings with the highest concentration of need" has the meaning	3021
given in rules that the department of education shall adopt. The	3022
rules shall base the definition of "buildings with the highest	3023
concentration of need" on family income of students in grades	3024
kindergarten through three in a manner that, to the extent	3025
possible with available data, approximates the intent of this	3026
division and division (G) of this section to designate buildings	3027
where the family assistance percentage in those grades equals or	3028
exceeds the district-wide family assistance percentage.	3029

(B) In addition to the amounts required to be paid to a	3030
school district under section 3317.022 of the Revised Code, a	3031
school district shall receive the greater of the amount the	3032
district received in fiscal year 1998 pursuant to division (B) of	3033
section 3317.023 of the Revised Code as it existed at that time or	3034
the sum of the computations made under divisions (C) to (E) of	3035
this section.	3036

(C) A supplemental payment that may be utilized for measures	3037
related to safety and security and for remediation or similar	3038
programs, calculated as follows:	3039

(1) If the DPIA index of the school district is greater than	3040
or equal to thirty-five-hundredths, but less than one, an amount	3041
obtained by multiplying the five-year average number of pupils in	3042
a district receiving family assistance by two hundred thirty	3043
dollars;	3044

(2) If the DPIA index of the school district is greater than	3045
or equal to one, an amount obtained by multiplying the DPIA index	3046
by two hundred thirty dollars and multiplying that product by the	3047
five-year average number of pupils in a district receiving family	3048
assistance.	3049

(D) A payment for all-day kindergarten if the DPIA index of	3050
the school district is greater than or equal to one or if the	3051
district's three-year average formula ADM exceeded seventeen	3052
thousand five hundred, calculated by multiplying the all-day	3053
kindergarten percentage by the kindergarten ADM and multiplying	3054
that product by the formula amount.	3055

(E) A class-size reduction payment based on calculating the	3056
number of new teachers necessary to achieve a lower	3057
student-teacher ratio, as follows:	3058

(1) Determine or calculate a formula number of teachers per	3059
one thousand students based on the DPIA index of the school	3060
district as follows:	3061

(a) If the DPIA index of the school district is less than	3062
six-tenths, the formula number of teachers is 43.478, which is the	3063
number of teachers per one thousand students at a student-teacher	3064
ratio of twenty-three to one;	3065

(b) If the DPIA index of the school district is greater than	3066
or equal to six-tenths, but less than two and one-half, the	3067
formula number of teachers is calculated as follows:	3068

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

3069

Where 43.478 is the number of teachers per one thousand	3070
students at a student-teacher ratio of twenty-three to one; 1.9 is	3071
the interval from a DPIA index of six-tenths to a DPIA index of	3072
two and one-half; and 23.188 is the difference in the number of	3073
teachers per one thousand students at a student-teacher ratio of	3074
fifteen to one and the number of teachers per one thousand	3075
students at a student-teacher ratio of twenty-three to one.	3076

(c) If the DPIA index of the school district is greater than	3077
or equal to two and one-half, the formula number of teachers is	3078
66.667, which is the number of teachers per one thousand students	3079
at a student-teacher ratio of fifteen to one.	3080

(2) Multiply the formula number of teachers determined or	3081
calculated in division (E)(1) of this section by the kindergarten	3082
through third grade ADM for the district and divide that product	3083
by one thousand;	3084

(3) Calculate the number of new teachers as follows:

3085

(a) Multiply the kindergarten through third grade ADM by	3086
43.478, which is the number of teachers per one thousand students	3087
at a student-teacher ratio of twenty-three to one, and divide that	3088
product by one thousand;	3089

(b) Subtract the quotient obtained in division (E)(3)(a) of	3090
this section from the product in division (E)(2) of this section.	3091

(4) Multiply the greater of the difference obtained under	3092
division (E)(3) of this section or zero by the statewide average	3093
teachers salary.	3094

(F) This division applies only to school districts whose	3095
DPIA index is one or greater.	3096

(1) Each school district subject to this division shall	3097
first utilize funds received under this section so that, when	3098
combined with other funds of the district, sufficient funds exist	3099
to provide all-day kindergarten to at least the number of children	3100
in the district's all-day kindergarten percentage.	3101

(2) Up to an amount equal to the district's DPIA index	3102
multiplied by the five-year average number of pupils in a district	3103
receiving family assistance multiplied by two hundred thirty	3104
dollars of the money distributed under this section may be	3105
utilized for one or both of the following:	3106

(a) Programs designed to ensure that schools are free of	3107
drugs and violence and have a disciplined environment conducive to	3108
learning;	3109

(b) Remediation for students who have failed or are in	3110
danger of failing any of the proficiency tests administered	3111
pursuant to section 3301.0710 of the Revised Code.	3112

(3) Except as otherwise required by division (G) or	3113
permitted under division (K) of this section, all other funds	3114
distributed under this section to districts subject to this	3115
division shall be utilized for the purpose of the third grade	3116
guarantee. The third grade guarantee consists of increasing the	3117
amount of instructional attention received per pupil in	3118
kindergarten through third grade, either by reducing the ratio of	3119
students to instructional personnel or by increasing the amount of	3120
instruction and curriculum-related activities by extending the	3121
length of the school day or the school year.	3122

School districts may implement a reduction of the ratio of	3123
students to instructional personnel through any or all of the	3124
following methods:	3125

(a) Reducing the number of students in a classroom taught by	3126
a single teacher;	3127

(b) Employing full-time educational aides or educational	3128
paraprofessionals issued a permit or license under section	3129
3319.088 of the Revised Code;	3130

(c) Instituting a team-teaching method that will result in a	3131
lower student-teacher ratio in a classroom.	3132

Districts may extend the school day either by increasing the	3133
amount of time allocated for each class, increasing the number of	3134
classes provided per day, offering optional academic-related	3135
after-school programs, providing curriculum-related extra	3136
curricular activities, or establishing tutoring or remedial	3137
services for students who have demonstrated an educational need.	3138
In accordance with section 3319.089 of the Revised Code, a	3139
district extending the school day pursuant to this division may	3140
utilize a participant of the work experience program who has a	3141
child enrolled in a public school in that district and who is	3142
fulfilling the work requirements of that program by volunteering	3143
or working in that public school. If the work experience program	3144
participant is compensated, the school district may use the funds	3145
distributed under this section for all or part of the	3146
compensation.	3147

Districts may extend the school year either through adding	3148
regular days of instruction to the school calendar or by providing	3149
summer programs.	3150

(G) Each district subject to division (F) of this section	3151
shall not expend any funds received under division (E) of this	3152
section in any school buildings that are not buildings with the	3153
highest concentration of need, unless there is a ratio of	3154
instructional personnel to students of no more than fifteen to one	3155
in each kindergarten and first grade class in all buildings with	3156
the highest concentration of need. This division does not require	3157
that the funds used in buildings with the highest concentration of	3158
need be spent solely to reduce the ratio of instructional	3159
personnel to students in kindergarten and first grade. A school	3160
district may spend the funds in those buildings in any manner	3161
permitted by division (F)(3) of this section, but may not spend	3162
the money in other buildings unless the fifteen-to-one ratio	3163
required by this division is attained.	3164

(H)(1) By the first day of August of each fiscal year, each	3165
school district wishing to receive any funds under division (D) of	3166
this section shall submit to the department of education an	3167
estimate of its all-day kindergarten percentage. Each district	3168
shall update its estimate throughout the fiscal year in the form	3169
and manner required by the department, and the department shall	3170
adjust payments under this section to reflect the updates.	3171

(2) Annually by the end of December, the department of	3172
education, utilizing data from the information system established	3173
under section 3301.0714 of the Revised Code and after consultation	3174
with the legislative office of education oversight, shall	3175
determine for each school district subject to division (F) of this	3176
section whether in the preceding fiscal year the district's ratio	3177
of instructional personnel to students and its number of	3178
kindergarten students receiving all-day kindergarten appear	3179
reasonable, given the amounts of money the district received for	3180
that fiscal year pursuant to divisions (D) and (E) of this	3181
section. If the department is unable to verify from the data	3182
available that students are receiving reasonable amounts of	3183
instructional attention and all-day kindergarten, given the funds	3184
the district has received under this section and that class-size	3185
reduction funds are being used in school buildings with the	3186
highest concentration of need as required by division (G) of this	3187
section, the department shall conduct a more intensive	3188
investigation to ensure that funds have been expended as required	3189
by this section. The department shall file an annual report of	3190
its findings under this division with the chairpersons of the	3191
committees in each house of the general assembly dealing with	3192
finance and education.	3193

(I) Any school district with a DPIA index less than one and	3194
a three-year average formula ADM exceeding seventeen thousand five	3195
hundred shall first utilize funds received under this section so	3196
that, when combined with other funds of the district, sufficient	3197
funds exist to provide all-day kindergarten to at least the number	3198
of children in the district's all-day kindergarten percentage.	3199
Such a district shall expend at least seventy per cent of the	3200
remaining funds received under this section, and any other	3201
district with a DPIA index less than one shall expend at least	3202
seventy per cent of all funds received under this section, for any	3203
of the following purposes:	3204

(1) The purchase of technology for instructional purposes;

3205

(2) All-day kindergarten;

3206

(3) Reduction of class sizes;

3207

(4) Summer school remediation;

3208

(5) Dropout prevention programs;

3209

(6) Guaranteeing that all third graders are ready to	3210
progress to more advanced work;	3211

(7) Summer education and work programs;

3212

(8) Adolescent pregnancy programs;

3213

(9) Head start or preschool programs;

3214

(10) Reading improvement programs described by the	3215
department of education;	3216

(11) Programs designed to ensure that schools are free of	3217
drugs and violence and have a disciplined environment conducive to	3218
learning;	3219

(12) Furnishing, free of charge, materials used in courses	3220
of instruction, except for the necessary textbooks or electronic	3221
textbooks required to be furnished without charge pursuant to	3222
section 3329.06 of the Revised Code, to pupils living in families	3223
participating in Ohio works first in accordance with section	3224
3313.642 of the Revised Code;	3225

(13) School breakfasts provided pursuant to section 3313.813	3226
of the Revised Code.	3227

Each district shall submit to the department, in such format	3228
and at such time as the department shall specify, a report on the	3229
programs for which it expended funds under this division.	3230

(J) If at any time the superintendent of public instruction	3231
determines that a school district receiving funds under division	3232
(D) of this section has enrolled less than the all-day	3233
kindergarten percentage reported for that fiscal year, the	3234
superintendent shall withhold from the funds otherwise due the	3235
district under this section a proportional amount as determined by	3236
the difference in the certified all-day kindergarten percentage	3237
and the percentage actually enrolled in all-day kindergarten.	3238

The superintendent shall also withhold an appropriate amount	3239
of funds otherwise due a district for any other misuse of funds	3240
not in accordance with this section.	3241

(K)(1) A district may use a portion of the funds calculated	3242
for it under division (D) of this section to modify or purchase	3243
classroom space to provide all-day kindergarten, if both of the	3244
following conditions are met:	3245

(a) The district certifies to the department, in a manner	3246
acceptable to the department, that it has a shortage of space for	3247
providing all-day kindergarten.	3248

(b) The district provides all-day kindergarten to the number	3249
of children in the all-day kindergarten percentage it certified	3250
under this section.	3251

(2) A district may use a portion of the funds described in	3252
division (F)(3) of this section to modify or purchase classroom	3253
space to enable it to further reduce class size in grades	3254
kindergarten through two with a goal of attaining class sizes of	3255
fifteen students per licensed teacher. To do so, the district	3256
must certify its need for additional space to the department, in a	3257
manner satisfactory to the department.	3258

Sec. 3319.19.  (A) Upon request, the board of county	3259
commissioners shall provide and equip offices in the county for	3260
the use of the superintendent of an educational service center,	3261
and shall provide heat, light, water, and janitorial services for	3262
such offices. Such offices shall be the permanent headquarters of	3263
the superintendent and shall be used by the governing board of the	3264
service center when it is in session. Except as provided in	3265
division (B) of this section, such offices shall be located in the	3266
county seat or, upon the approval of the governing board, may be	3267
located outside of the county seat.	3268

(B) In the case of a service center formed under section	3269
3311.053 of the Revised Code, the governing board shall designate	3270
the site of its offices. The board of county commissioners of the	3271
county in which the designated site is located shall provide and	3272
equip the offices as under division (A) of this section, but the	3273
costs of such offices and equipment not covered by funds received	3274
under section 307.031 of the Revised Code shall be apportioned	3275
among the boards of county commissioners of all counties having	3276
any territory in the area under the control of the governing	3277
board, according to the proportion of pupils under the supervision	3278
of such board residing in the respective counties. Where there is	3279
a dispute as to the amount any board of county commissioners is	3280
required to pay, the probate judge of the county in which the	3281
greatest number of pupils under the supervision of the governing	3282
board reside shall apportion such costs among the boards of county	3283
commissioners and notify each such board of its share of the	3284
costs.	3285

(C) By the first day of March of each year, the	3286
superintendent of public instruction shall certify to the tax	3287
commissioner the ADM and the number of full-time licensed	3288
employees of each educational service center for the purposes of	3289
the distribution of funds to boards of county commissioners	3290
required under division (B) of section 307.031 of the Revised	3291
Code. As used in this section, "ADM" means the formula ADMs of	3292
all the local districts having territory in the service center, as	3293
certified in October of the previous year by the service center	3294
superintendent to the state board of education under section	3295
3317.03 of the Revised Code. As used in this division, "licensed	3296
employee" has the same meaning as in section 307.031 of the	3297
Revised Code.	3298

(D) The superintendent of a service center may annually	3299
submit a proposal approved by the board of county commissioners to	3300
the state superintendent of public instruction, in such manner and	3301
by such date as specified by the state board of education, for a	3302
grant for the board of county commissioners to do one of the	3303
following:	3304

(1) To improve or enhance the offices and equipment provided	3305
under division (A) or (B) of this section or section 3301.0712	3306
3301.0719 of the Revised Code;	3307

(2) If funds received under division (B) of section 307.031	3308
of the Revised Code are insufficient to provide for the actual	3309
cost of meeting the requirements of division (A) or (B) of this	3310
section 3319.19 and division (A)(2) of section 3301.0712 3301.0719	3311
of the Revised Code, to provide funds to meet such costs.	3312

Any service center superintendent intending to submit a	3313
proposal shall submit it to the board of county commissioners that	3314
provides and equips the office of the superintendent for approval	3315
at least twenty days before the date of submission to the	3316
superintendent of public instruction. The superintendent of	3317
public instruction shall evaluate the proposals and select those	3318
that will most benefit the local districts supervised by the	3319
governing boards under standards adopted by the state board. For	3320
each proposal selected for a grant, the superintendent of public	3321
instruction shall determine the grant amount and, with the	3322
approval of the superintendent and the board of county	3323
commissioners, may modify a grant proposal to reflect the amount	3324
of money available for the grant. The superintendent of public	3325
instruction shall notify the board of county commissioners and the	3326
tax commissioner of the selection of the proposal as submitted or	3327
modified and the amount of the grant. If, pursuant to division	3328
(C) of section 307.031 of the Revised Code, the board of county	3329
commissioners accepts the proposal and grant, it shall expend the	3330
funds as specified in the grant proposal. If the board of county	3331
commissioners rejects the proposal and grant, the superintendent	3332
of public instruction may select another proposal from among the	3333
district proposals that initially failed to be selected for a	3334
grant.	3335

The state board of education shall adopt rules to implement	3336
the requirements of this section.	3337

Sec. 3324.03.  The board of education of each school district	3338
shall identify gifted students in grades kindergarten through	3339
twelve as follows:	3340

(A) A student shall be identified as exhibiting "superior	3341
cognitive ability" if the student did either of the following	3342
within the preceding twenty-four months:	3343

(1) Scored two standard deviations above the mean, minus the	3344
standard error of measurement, on an approved individual	3345
standardized intelligence test administered by a licensed school	3346
psychologist or licensed psychologist;	3347

(2) Accomplished any one of the following:

3348

(a) Scored at least two standard deviations above the mean,	3349
minus the standard error of measurement, on an approved	3350
standardized group intelligence test;	3351

(b) Performed at or above the ninety-fifth percentile on an	3352
approved individual or group standardized basic or composite	3353
battery of a nationally normed achievement test;	3354

(c) Attained an approved score on one or more above-grade	3355
level standardized, nationally normed approved tests.	3356

(B) A student shall be identified as exhibiting "specific	3357
academic ability" superior to that of children of similar age in a	3358
specific academic ability field if within the preceding	3359
twenty-four months the student performs at or above the	3360
ninety-fifth percentile at the national level on an approved	3361
individual or group standardized achievement test of specific	3362
academic ability in that field. A student may be identified as	3363
gifted in more than one specific academic ability field.	3364

(C) A student shall be identified as exhibiting "creative	3365
thinking ability" superior to children of a similar age, if within	3366
the previous twenty-four months, the student scored one standard	3367
deviation above the mean, minus the standard error of measurement,	3368
on an approved individual or group intelligence test and also did	3369
either of the following:	3370

(1) Attained a sufficient score, as established by the	3371
department of education, on an approved individual or group test	3372
of creative ability;	3373

(2) Exhibited sufficient performance, as established by the	3374
department of education, on an approved checklist of creative	3375
behaviors.	3376

(D) A student shall be identified as exhibiting "visual or	3377
performing arts ability" superior to that of children of similar	3378
age if the student has done both of the following:	3379

(1) Demonstrated through a display of work, an audition, or	3380
other performance or exhibition, superior ability in a visual or	3381
performing arts area;	3382

(2) Exhibited sufficient performance, as established by the	3383
department of education, on an approved checklist of behaviors	3384
related to a specific arts area.	3385

Sec. 3325.08.  (A) A diploma shall be granted by the	3386
superintendent of the state school for the blind and the	3387
superintendent of the state school for the deaf to any student	3388
enrolled in one of these state schools to whom all of the	3389
following apply:	3390

(1) The student has successfully completed the	3391
individualized education program developed for the student for the	3392
student's high school education pursuant to section 3323.08 of the	3393
Revised Code;	3394

(2) The Subject to section 3313.614 of the Revised Code, the	3395
student has either:	3396

(a) Has attained at least the applicable scores designated	3397
under division (B) of section 3301.0710 of the Revised Code on all	3398
the tests prescribed by that division unless the student was	3399
excused from taking any such test pursuant to division (L)(3) of	3400
section 3301.0711 3313.61 of the Revised Code applies to the	3401
student;	3402

(b) Has satisfied the alternative conditions prescribed in	3403
section 3313.615 of the Revised Code.	3404

(3) The student is not eligible to receive an honors diploma	3405
granted pursuant to division (B) of this section.	3406

No diploma shall be granted under this division to anyone	3407
except as provided under this division.	3408

(B) In lieu of a diploma granted under division (A) of this	3409
section, the superintendent of the state school for the blind and	3410
the superintendent of the state school for the deaf shall grant an	3411
honors diploma, in the same manner that the boards of education of	3412
school districts grant such diplomas under division (B) of section	3413
3313.61 of the Revised Code, to any student enrolled in one of	3414
these state schools who successfully completes the individualized	3415
education program developed for the student for the student's high	3416
school education pursuant to section 3323.08 of the Revised Code,	3417
who has attained subject to section 3313.614 of the Revised Code	3418
at least the applicable scores designated under division (B) of	3419
section 3301.0710 of the Revised Code on all the tests prescribed	3420
under that division, and who has met additional criteria for	3421
granting such a diploma. These additional criteria shall be the	3422
same as those prescribed by the state board under division (B) of	3423
section 3313.61 of the Revised Code for the granting of such	3424
diplomas by school districts. No honors diploma shall be granted	3425
to anyone failing to comply with this division and not more than	3426
one honors diploma shall be granted to any student under this	3427
division.	3428

(C) A diploma or honors diploma awarded under this section	3429
shall be signed by the superintendent of public instruction and	3430
the superintendent of the state school for the blind or the	3431
superintendent of the state school for the deaf, as applicable.	3432
Each diploma shall bear the date of its issue and be in such form	3433
as the school superintendent prescribes.	3434

(D) Upon granting a diploma to a student under this section,	3435
the superintendent of the state school in which the student is	3436
enrolled shall provide notice of receipt of the diploma to the	3437
board of education of the school district where the student is	3438
entitled to attend school under section 3313.64 or 3313.65 of the	3439
Revised Code when not residing at the state school for the blind	3440
or the state school for the deaf. The notice shall indicate the	3441
type of diploma granted.	3442

Sec. 3365.15.  No This section does not apply to students	3443
enrolled in twelfth grade after July 1, 2001.	3444

No later than July 1, 1999, the board of regents shall adopt	3445
rules under which it shall award at least a five-hundred dollar	3446
scholarship to each student who both:	3447

(A) After July 1, 1998, and while the student attends	3448
twelfth grade, attains on all five tests at least the applicable	3449
scores designated under former division (A)(3) of section	3450
3301.0710 of the Revised Code on all five tests prescribed under	3451
that division;	3452

(B) Submits to the board of regents, in the form and manner	3453
and by any deadline prescribed by the rules, evidence of having	3454
enrolled in a state-assisted college or university, a nonprofit	3455
institution holding a certificate of authorization pursuant to	3456
Chapter 1713. of the Revised Code, or an institution registered by	3457
the state board of proprietary school registration that has	3458
program authorization to award an associate or bachelor's degree.	3459

The board of regents shall pay each scholarship awarded under	3460
this section to the student. It may be used to defray any	3461
educational expenses.	3462

Section 2. That existing sections 307.031, 3301.07, 3301.079,	3463
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0717, 3301.801,	3464
3301.91, 3302.02, 3302.03, 3302.04, 3302.05, 3313.532, 3313.60,	3465
3313.603, 3313.608, 3313.6011, 3313.61, 3313.611, 3313.612,	3466
3313.978, 3314.03, 3314.20, 3317.012, 3317.029, 3319.19, 3324.03,	3467
3325.08, and 3365.15 and sections 3301.0715 and 3301.0716 of the	3468
Revised Code are hereby repealed.	3469

Section 3. That section 3313.608 of the Revised Code be	3470
amended to read as follows:	3471

Sec. 3313.608.  This section does not apply to students who	3472
enter the fourth grade after July 1, 2003.	3473

(A) For each school year prior to July 1, 2004, for the test	3474
to measure skill in reading prescribed by former division (A)(1)	3475
of section 3301.0710 of the Revised Code, the state board of	3476
education shall establish at least four ranges of scores to	3477
measure the following levels of skill:	3478

(1) An advanced level of skill;

3479

(2) A proficient level of skill;

3480

(3) A basic level of skill;

3481

(4) A below basic level of skill.

3482

(B) Beginning with students who enter fourth third grade in	3483
the school year that starts July 1, 2001 2003, for any student who	3484
attains a score in the range designated under division	3485
(A)(4)(2)(d) of this section 3301.0710 of the Revised Code on such	3486
reading the test prescribed under that section to measure skill in	3487
reading expected at the end of third grade, each school district,	3488
in accordance with the policy adopted under section 3313.609 of	3489
the Revised Code, shall do one of the following:	3490

(1) Promote the student to fifth fourth grade if the	3491
student's principal and reading teacher agree that other	3492
evaluations of the student's skill in reading demonstrate that the	3493
student is academically prepared to be promoted to fifth fourth	3494
grade;	3495

(2) Promote the student to fifth fourth grade but provide the	3496
student with intensive intervention services in fifth fourth	3497
grade;	3498

(3) Retain the student in fourth third grade.

3499

This section does not apply to any student excused from	3500
taking such test under division (C)(1) of section 3301.0711 of the	3501
Revised Code.	3502

(C)(B)(1) To assist students in meeting this fourth third	3503
grade guarantee established by this section, each school district	3504
shall adopt policies and procedures with which it shall annually	3505
assess the reading skills of each student at the end of first,	3506
and second, and third grade and identify students who are reading	3507
below their grade level. If the diagnostic assessment to measure	3508
reading ability for the appropriate grade level has been developed	3509
in accordance with division (D)(1) of section 3301.079 of the	3510
Revised Code, each school district shall use such diagnostic	3511
assessment to identify such students, except that any district	3512
declared excellent under division (B)(1) of section 3302.03 of the	3513
Revised Code may use another assessment to identify such students.	3514
The policy policies and procedures shall require the students'	3515
classroom teachers to be involved in the assessment and the	3516
identification of students reading below grade level. The	3517
district shall notify the parent or guardian of each student whose	3518
reading skills are below grade level and, in accordance with	3519
division (D)(C) of this section, provide intervention services to	3520
each student reading below grade level. Such intervention	3521
services shall include instruction in intensive, systematic	3522
phonetics pursuant to rules adopted by the state board of	3523
education.	3524

(2) For each student identified as reading below grade level	3525
at the end of third grade, the district shall offer intense	3526
remediation services during the summer following third grade.	3527

(3) For each student entering fourth third grade after July	3528
1, 2001 2003, who does not attain by the end of the fourth third	3529
grade at least a score in the range designated under division	3530
(A)(2)(b) of this section 3301.0710 of the Revised Code on the	3531
test prescribed under that section to measure skill in reading	3532
expected at the end of third grade, the district also shall offer	3533
intense remediation services, and another opportunity to take that	3534
test, during the summer following fourth third grade.	3535

(D)(C) For each student required to be offered intervention	3536
services under this section, the district shall involve the	3537
student's parent or guardian and classroom teacher in developing	3538
the intervention strategy, and shall offer to the parent or	3539
guardian the opportunity to be involved in the intervention	3540
services.	3541

(E) In addition to the remediation requirements of division	3542
(C) of this section, every city, exempted village, or local school	3543
district shall offer summer remediation to any student who has	3544
failed to attain the designated scores indicating proficiency on	3545
three or more of the five tests described by former division	3546
(A)(1) or (2) of section 3301.0710 of the Revised Code.	3547

(F)(D) Any summer remediation services funded in whole or in	3548
part by the state and offered by school districts to students	3549
under this section shall meet the following conditions:	3550

(1) The remediation methods are based on reliable	3551
educational research.	3552

(2) The school districts conduct testing before and after	3553
students participate in the program to facilitate monitoring	3554
results of the remediation services.	3555

(3) The parents of participating students are involved in	3556
programming decisions.	3557

(4) The services are conducted in a school building or	3558
community center and not on an at-home basis.	3559

(E) In addition to the dates designated under division (C)(1)	3560
of section 3301.0710 of the Revised Code for the administration of	3561
the test prescribed under that section to measure skill in reading	3562
expected at the end of third grade, the state board of education	3563
shall annually designate dates on which such test shall be	3564
administered to students in the fourth and fifth grades who have	3565
not attained at least a score in the range designated under	3566
division (A)(2)(b) of section 3301.0710 of the Revised Code as	3567
follows:	3568

(1) One date prior to the thirty-first day of December each	3569
school year for fourth grade students;	3570

(2) One date that is not earlier than Monday of the week	3571
containing the eighth day of March each school year for fourth and	3572
fifth grade students;	3573

(3) One date during the summer for fourth grade students.

3574

(F) If any fourth grade student attains a score in the range	3575
designated under division (A)(2)(d) of section 3301.0710 of the	3576
Revised Code, on the test administered under division (E)(3) of	3577
this section, the school district, in accordance with the district	3578
policy adopted under section 3313.609 of the Revised Code, shall	3579
do one of the following:	3580

(1) Promote the student to fifth grade if the student's	3581
principal and reading teacher agree that other evaluations of the	3582
student's skill in reading demonstrate that the student is	3583
academically prepared to be promoted to fifth grade;	3584

(2) Promote the student to fifth grade but provide the	3585
student with intensive intervention services in fifth grade;	3586

(3) Retain the student in fourth grade.

3587

(G) This section does not create a new cause of action or a	3588
substantive legal right for any person.	3589

Section 4. That existing section 3313.608 of the Revised Code	3590
is hereby repealed.	3591

Section 5. Sections 3 and 4 of this act shall take effect	3592
July 1, 2003.	3593

Section 6. That Section 4 of Am. Sub. S.B. 55 of the 122nd	3594
General Assembly is hereby repealed.	3595

Section 7. In each of the school years beginning on July 1,	3596
2002, and July 1, 2003, the State Board of Education shall	3597
prescribe and the Department of Education and each school district	3598
shall administer the tenth grade tests required under former	3599
division (B) of section 3301.0710 of the Revised Code to measure	3600
skill in reading and mathematics to all students in the tenth	3601
grade. The tests shall be used for the purposes of sections	3602
3302.02 and 3302.03 of the Revised Code and for the purposes of	3603
assessments required by federal law. No score on the tests shall	3604
be used to determine the eligibility of any student to receive a	3605
high school diploma.	3606

Section 8. (A) Notwithstanding sections 3301.0710, 3301.0711,	3607
and 3301.0712 of the Revised Code, as amended or enacted by this	3608
act, for any school year in which the total number of proficiency	3609
tests and achievement tests administered to students in grades	3610
four or six exceeds three, the State Board of Education shall	3611
designate the dates on which those tests shall be administered to	3612
students in accordance with the best interests of students. In	3613
doing so, the State Board may consider designating the dates so	3614
that all the tests are not administered to the relevant grade	3615
level in the same week.	3616

Section 9. Notwithstanding section 3301.0712 of the Revised	3618
Code, as enacted by this act, in the school year beginning July 1,	3619
2003, the Department of Education and each school district shall	3620
administer the test to measure skill in reading required under	3621
former division (A)(1) of section 3301.0710 of the Revised Code,	3622
as it existed prior to the effective date of this act, to all	3623
students enrolled in the fourth grade. The Department and each	3624
school district shall also administer the test to measure skill in	3625
reading required under division (A)(1)(a) of section 3301.0710 of	3626
the Revised Code, as amended by this act, to all students enrolled	3627
in the third grade.	3628

Any fourth grade student subject to this section shall also	3629
be subject to the version of section 3313.608 of the Revised Code	3630
in effect prior to July 1, 2003.	3631

Section 10. Until such time as the state board of education	3632
adopts a new rule holding school districts responsible for	3633
individual school buildings within the district pursuant to	3634
section 3302.04 of the Revised Code, as amended by this act, the	3635
rules adopted under that section in effect on the effective date	3636
of this act shall be deemed to apply to school districts with	3637
respect to their individual buildings as well as to the school	3638
districts as entire entities.	3639

Section 11. (A) There is hereby established the Governor's	3640
Commission on Successful Teachers. The Commission shall recommend	3641
policies for the preparation, recruiting, hiring, and retention of	3642
teachers and shall recommend pilot programs to address the	3643
shortage of teachers, such as paid internships in mathematics and	3644
science and salary bonuses in hard-to-staff school districts or	3645
subject areas. The Commission shall issue a written report with	3646
its recommendations to the General Assembly not later than	3647
December 31, 2002. Upon issuance of its report the Commission	3648
shall cease to exist.	3649

The Commission shall consist of the following members:

3650

(1) Nine classroom teachers appointed by the Governor, at	3651
least three of whom are certified by the National Board for	3652
Professional Teaching Standards, at least two of whom are high	3653
school teachers, at least two of whom teach in grades six through	3654
eight, at least two of whom teach in grades kindergarten through	3655
six, and at least one of whom teaches special education;	3656

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

3657

(3) One person representing higher education, appointed by	3658
the Governor;	3659

(4) The Superintendent of Public Instruction or the	3660
Superintendent's designee;	3661

(5) The President of the State Board of Education or the	3662
President's designee;	3663

(6) The chairperson of the House of Representatives standing	3664
committee primarily responsible for education legislation or the	3665
chairperson's designee;	3666

(7) The chairperson of the Senate standing committee	3667
primarily responsible for education legislation or the	3668
chairperson's designee;	3669

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

3670

(B) In conducting its work the Commission shall study and	3671
include recommendations regarding the following issues:	3672

(1) How to develop college and university teacher	3673
preparation programs that ensure that teachers are qualified to	3674
teach the courses in grades kindergarten through twelve that are	3675
required by law;	3676

(2) How to develop and operate incentive programs to	3677
encourage teachers to work in underserved school districts, such	3678
as large urban districts or districts in rural Appalachia, and	3679
underserved subject areas, such as mathematics, science, special	3680
education, and English as a second language;	3681

(3) How to best implement professional development	3682
activities for all teachers, particularly how to design such	3683
activities so that teachers understand how to administer and	3684
interpret diagnostic assessments and achievement tests that will	3685
be developed by the State Board of Education under sections	3686
3301.079 and 3301.0710 of the Revised Code, as enacted and	3687
amended, respectively, by this act, and so that teachers	3688
understand how to develop effective intervention tools for	3689
students in need of assistance;	3690

(4) How best to implement professional development programs	3691
in terms of the amount of time allotted for such programs	3692
including, but not limited to, the number of days each school	3693
district should devote to the programs or to what extent the	3694
programs should be configured as half-day in-service programs,	3695
two-hour programs, or full-day seminars;	3696

(5) How to provide the most effective regional delivery of	3697
professional development services;	3698

(6) How to create building-level mentoring or advisory	3699
programs under which an experienced teacher would assist others in	3700
the building to increase their effectiveness;	3701

(7) How to increase Ohio's participation in certification	3702
activities conducted by the National Board for Professional	3703
Teaching Standards.	3704

Section 12. It is the intent of the General Assembly that	3705
upon its review of the recommendations of the Governor's	3706
Commission on Successful Teachers, as established under Section 11	3707
of this act, that the General Assembly will consider laws to	3708
reallocate the funding for activities prescribed in that section	3709
based on the recommendations of the Commission.	3710

Section 13. The State Board of Education shall adopt rules	3711
for instruction in intensive, systematic phonetics as prescribed	3712
in division (C)(1) of section 3313.608 of the Revised Code on or	3713
before July 1, 2002.	3714

Section 14. No school district shall be required to	3715
administer any ninth grade proficiency test to any student before	3716
March of the student's ninth grade year. If the Department of	3717
Education permits the administration of the ninth grade	3718
proficiency tests to students in the eighth grade or in the fall	3719
of the ninth grade year, the school district may choose whether or	3720
not to participate in such administration of the tests.	3721

Section 15. The amendment of section 3301.91 of the Revised	3722
Code is not intended to supersede the earlier repeal, with delayed	3723
effective date, of that section.	3724

Section 16. Section 3314.03 of the Revised Code is presented	3725
in this act as a composite of the section as amended by both Am.	3726
Sub. H.B. 121 and Am. Sub. H.B. 282 of the 123rd General Assembly.	3727
This is in recognition of the principle stated in division (B) of	3728
section 1.52 of the Revised Code that such amendments are to be	3729
harmonized where not substantively irreconcilable and constitutes	3730
a legislative finding that such is the resulting version in effect	3731
prior to the effective date of this act.	3732