SENATORS Robert Gardner, Randy Gardner, Harris, Prentiss, Mumper, Carnes, White, Espy, Spada, Brady, Armbruster

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

School districts declared to be in a state of acedemic	310
emergency under section 3302.03 of the Revised Code shall adopt	311
the model curriculum established by the state board. All other	312
school districts may utilize that model curriculum, together with	313
other relevant resources, examples, or models to ensure that	314
students have the opportunity to attain the academic standards.	315
Upon request, the department of education shall provide technical	316
assistance to any district in implementing the model curriculum.	317

(C) The state board shall develop achievement tests aligned	318
with the academic standards and model curriculum for each of the	319
subject areas and grade levels required by section 3301.0710 of	320
the Revised Code.	321

When any achievement test has been completed, the state board	322
shall inform all school districts of its completion, and the	323
department of education shall make the achievement test available	324
to the districts. School districts shall administer the	325
achievement test beginning in the school year indicated in section	326
3301.0712 of the Revised Code.	327

(D)(1) Not later than July 1, 2007, and except as provided	328
in division (D)(3) of this section, the state board shall adopt a	329
diagnostic assessment aligned with the academic standards and	330
model curriculum for each of grades kindergarten through two in	331
reading, writing, and mathematics and for each of grades three	332
through eight in reading, writing, mathematics, science, and	333
social studies. The diagnostic assessment shall be designed to	334
measure student comprehension of academic content and mastery of	335
related skills for the relevant subject area and grade level. Any	336
diagnostic assessment shall not include components to identify	337
gifted students. Blank copies of diagnostic tests shall be public	338
records.	339

(2) When each diagnostic assessment has been completed, the	340
state board shall inform all school districts of its completion	341
and the department of education shall make the diagnostic	342
assessment available to the districts at no cost to the district.	343
School districts shall administer the diagnostic assessment	344
pursuant to section 3301.0715 of the Revised Code beginning the	345
first school year following the development of the assessment.	346

(3) The state board shall not adopt a diagnostic assessment	347
for any subject area and grade level for which the state board	348
develops an achievement test under division (C) of this section.	349

(E) Whenever the state board or the department of education	350
consults with persons for the purpose of drafting or reviewing any	351
standards, diagnostic assessments, achievement tests, or model	352
curriculum required under this section, the state board or the	353
department shall first consult with parents of students in	354
kindergarten through twelfth grade and with active Ohio classroom	355
teachers, other school personnel, and administrators with	356
expertise in the appropriate subject area. Whenever practicable,	357
the state board and department shall consult with teachers	358
recognized as outstanding in their fields.	359

(F) Not later than forty-five days prior to any deadline	360
established under division (A) or (B) of this section for the	361
adoption of academic standards or model curricula, the	362
superintendent of public instruction shall present the relevant	363
academic standards or curricula to a joint meeting of the house of	364
representatives and senate committees with jurisdiction over	365
education legislation.	366

Sec. 3301.0710.  The state board of education shall adopt	367
rules establishing a statewide program to test student proficiency	368
for the purpose of ensuring achievement. The state board shall	369
ensure that all tests administered under the testing program are	370
aligned with the academic standards and model curricula adopted by	371
the state board and are created with input from Ohio parents, Ohio	372
classroom teachers, Ohio school administrators, and other Ohio	373
school personnel pursuant to section 3301.079 of the Revised Code.	374

The testing program shall be designed to ensure that students	375
who receive a high school diploma demonstrate at least high school	376
levels of proficiency achievement in reading, writing,	377
mathematics, science, and citizenship social studies. In order to	378
determine this proficiency, the minimum standards shall be	379
appropriate for tenth grade proficiency level in each of the	380
specified areas.	381

(A)(1) The state board shall prescribe five statewide	382
proficiency tests, one each designed to measure skill in reading,	383
writing, mathematics, science, and citizenship, and shall	384
determine and designate the score on each such test that shall be	385
deemed to demonstrate that any student attaining such score has	386
achieved at least a fourth grade level of proficiency in the	387
measured skill.	388

(2) The state board shall prescribe five statewide	389
proficiency tests, one each designed to measure skill in reading,	390
writing, mathematics, science, and citizenship, and determine and	391
designate the score on each such test that is deemed to	392
demonstrate that any student attaining such score has achieved at	393
least a sixth grade level of proficiency in the measured skill.	394

(3) The state board shall prescribe five statewide	395
proficiency tests, one each designed to measure skill in reading,	396
writing, mathematics, science, and citizenship, and shall	397
determine and designate the score on each such test that shall be	398
deemed to demonstrate that any student attaining such score has	399
achieved at least a twelfth grade level of proficiency in the	400
measured skill. The state board shall prescribe all of the	401
following:	402

(a) A statewide achievement test designed to measure the	403
level of reading skill expected at the end of third grade;	404

(b) Two statewide achievement tests, one each designed to	405
measure the level of writing and mathematics skill expected at the	406
end of fourth grade;	407

(c) Two statewide achievement tests, one each designed to	408
measure the level of science and social studies skill expected at	409
the end of fifth grade;	410

(d) Three statewide achievement tests, one each designed to	411
measure the level of reading, writing, and mathematics skill	412
expected at the end of seventh grade;	413

(e) Two statewide achievement tests, one each designed to	414
measure the level of science and social studies skill expected at	415
the end of eighth grade.	416

(2) The state board shall determine and designate at least	417
four ranges of scores on each of the achievement tests described	418
in division (A)(1) of this section. Each range of scores shall be	419
deemed to demonstrate a level of achievement so that any student	420
attaining a score within such range has achieved one of the	421
following:	422

(a) An advanced level of skill;

423

(b) A proficient level of skill;

424

(c) A basic level of skill;

425

(d) A below basic level of skill.	426

(B) The tests prescribed under this division shall	427
collectively be known as the Ohio graduation tests. The state	428
board shall prescribe five statewide high school proficiency	429
achievement tests, one each designed to measure skill in the level	430
of reading, writing, mathematics, science, and citizenship social	431
studies skill expected at the end of tenth grade, and shall	432
determine and designate the score on each such test that shall be	433
deemed to demonstrate that any student attaining such score has	434
achieved at least the a proficient level of proficiency in the	435
measured skill appropriate for tenth grade.	436

The state board may enter into a reciprocal agreement with	437
the appropriate body or agency of any other state that has similar	438
statewide proficiency achievement testing requirements for	439
receiving high school diplomas, under which any student who has	440
met a proficiency an achievement testing requirement of one state	441
is recognized as having met the similar proficiency achievement	442
testing requirement of the other state for purposes of receiving a	443
high school diploma. For purposes of this section and sections	444
3301.0711 and 3313.61 of the Revised Code, any student enrolled in	445
any public high school in this state and who has met a proficiency	446
an achievement testing requirement specified in a reciprocal	447
agreement entered into under this division shall be deemed to have	448
attained at least the applicable score designated under this	449
division on each test required by this division that is specified	450
in the agreement.	451

(C) The state board shall annually designate as follows the	452
dates on which the tests prescribed under this section shall be	453
administered:	454

(1) For the test prescribed under division (A)(1)(a) of this	455
section to measure skill in reading, as follows:	456

(a) For students entering fourth grade in school years that	457
start prior to July 1, 2001, the same dates prescribed under	458
division (C)(2) of this section for the tests prescribed under	459
division (A)(1) of this section to measure skill in writing,	460
mathematics, science, and citizenship;	461

(b) For students entering fourth grade beginning with the	462
school year that starts July 1, 2001:	463

(i) One date prior to the thirty-first day of December each	464
school year;	465

(ii) Any dates prescribed under division (C)(2) of this	466
section for the tests prescribed under division (A)(1) of this	467
section to measure skill in writing, mathematics, science, and	468
citizenship;	469

(iii)(b) At least one date of each school year that is not	470
earlier than Monday of the week containing the eighth day of	471
March;	472

(c) One date during the summer for students receiving summer	473
remediation services under division (B)(3) of section 3313.608 of	474
the Revised Code.	475

(2) For the tests prescribed under division divisions	476
(A)(1)(b), (c), (d), and (e) of this section to measure skill in	477
writing, mathematics, science, and citizenship and the tests	478
prescribed under division (A)(2) of this section, at least one	479
date of each school year that is not earlier than Monday of the	480
week containing the fifteenth eighth day of March;	481

(3) For the tests prescribed under division (A)(3) of this	482
section, at least one date subsequent to the thirty-first day of	483
December but prior to the thirty-first day of March of each school	484
year;	485

(4) For the tests prescribed under division (B) of this	486
section, at least one date in each school year that is not earlier	487
than Monday of the week containing the fifteenth day of March for	488
all tenth grade students and at least one date prior to the	489
thirty-first day of December and at least one date subsequent to	490
that date but prior to the thirty-first day of March of each	491
school year for eleventh and twelfth grade students.	492

(D) In prescribing test dates pursuant to division (C)(4)(3)	493
of this section, the board shall, to the greatest extent	494
practicable, provide options to school districts in the case of	495
tests administered under that division to eleventh and twelfth	496
grade students and in the case of tests administered to students	497
pursuant to division (C)(2) of section 3301.0711 of the Revised	498
Code. Such options shall include at least an opportunity for	499
school districts to give such tests outside of regular school	500
hours.	501

(E) In prescribing test dates pursuant to this section, the	502
state board of education shall designate the dates in such a way	503
as to allow a reasonable length of time between the administration	504
of tests prescribed under this section and any administration of	505
the National Assessment of Education Progress Test given to	506
students in the same grade level pursuant to section 3301.27 of	507
the Revised Code.	508

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

509

(1) Annually furnish to, grade, and score all tests required	510
by section 3301.0710 of the Revised Code to be administered by	511
city, local, and exempted village, and joint vocational school	512
districts;. In awarding contracts for grading tests, the	513
department shall give preference to Ohio-based entities employing	514
Ohio residents.	515

(2) Adopt rules for the ethical use of tests and prescribing	516
the manner in which the tests prescribed by section 3301.0710 of	517
the Revised Code shall be administered to students.	518

(B) Except as provided in divisions (C) and (J)(2) of this	519
section, the board of education of each city, local, and exempted	520
village school district shall, in accordance with rules adopted	521
under division (A) of this section:	522

(1) Administer the test prescribed under division (A)(1)(a)	523
of section 3301.0710 of the Revised Code to measure skill in	524
reading as follows:	525

(a) For students entering fourth grade in school years that	526
start prior to July 1, 2001, at least once annually to all	527
students in the fourth grade;	528

(b) For students entering fourth grade beginning with the	529
school year that starts July 1, 2001, twice annually to all	530
students in the fourth third grade who have not attained the score	531
designated for that test under division (A)(1)(2)(b) of section	532
3301.0710 of the Revised Code and once each summer to students	533
receiving summer remediation services under division (B)(3) of	534
section 3313.608 of the Revised Code.	535

(2) Administer the tests prescribed under division (A)(1)(b)	536
of section 3301.0710 of the Revised Code to measure skill in	537
writing, mathematics, science, and citizenship at least once	538
annually to all students in the fourth grade.	539

(3) Administer the tests prescribed under division	540
(A)(2)(1)(c) of section 3301.0710 of the Revised Code at least	541
once annually to all students in the sixth fifth grade.	542

(4) Administer any the tests prescribed under division	543
(A)(3)(1)(d) of section 3301.0710 of the Revised Code at least	544
once annually to any student all students in the twelfth seventh	545
grade who, on all the tests prescribed under division (B) of that	546
section, has attained the applicable scores designated under such	547
division prior to the first day of January of that year.	548

(5) Administer the tests prescribed under division (A)(1)(e)	549
of section 3301.0710 of the Revised Code at least once annually to	550
all students in the eighth grade.	551

(6) Except as provided in division (B)(7) of this sections,	552
administer any test prescribed under division (B) of section	553
3301.0710 of the Revised Code as follows:	554

(a) At least once annually to all tenth grade students and	555
at least twice annually to all students in eleventh or twelfth	556
grade who have not yet attained the score on that test designated	557
under that division;	558

(b) To any person who has successfully completed the	559
curriculum in any high school or the individualized education	560
program developed for the person by any high school pursuant to	561
section 3323.08 of the Revised Code but has not received a high	562
school diploma and who requests to take such test, at any time	563
such test is administered in the district.	564

(7) In lieu of the board of education of any city, local, or	565
exempted village school district in which the student is also	566
enrolled, the board of a joint vocational school district shall	567
administer any test prescribed under division (B) of section	568
3301.0710 of the Revised Code at least twice annually to any	569
student enrolled in the joint vocational school district who has	570
not yet attained the score on that test designated under that	571
division. A board of a joint vocational school district may also	572
administer such a test to any student described in division	573
(B)(6)(b) of this section.	574

(C)(1)(a) Any student receiving special education services	575
under Chapter 3323. of the Revised Code shall may be excused from	576
taking any particular test required to be administered under this	577
section if the individualized education program developed for the	578
student pursuant to section 3323.08 of the Revised Code excuses	579
the student from taking that test. In the case of any student so	580
excused from taking a test, the school district board of education	581
shall not prohibit the student from taking the test. Any and	582
instead specifies an alternate assessment method approved by the	583
department of education as conforming to requirements of federal	584
law for receipt of federal funds for disadvantaged pupils. To the	585
extent possible, the individualized education program shall not	586
excuse the student from taking a test unless no reasonable	587
accommodation can be made to enable the student to take the test.	588

(b) Any alternate assessment approved by the department	589
for a student under this division shall produce measurable results	590
comparable to those produced by the tests which the alternate	591
assessments are replacing in order to allow for the student's	592
assessment results to be included in the data compiled for a	593
school district under section 3302.03 of the Revised Code.	594

(c) Any student enrolled in a chartered nonpublic school	595
who has been identified, based on an evaluation conducted in	596
accordance with section 3323.03 of the Revised Code or section 504	597
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	598
794, as amended, as a child with a disability shall be excused	599
from taking any particular test required to be administered under	600
this section if a plan developed for the student pursuant to rules	601
adopted by the state board excuses the student from taking that	602
test. In the case of any student so excused from taking a test,	603
the chartered nonpublic school shall not prohibit the student from	604
taking the test.	605

(2) A district board may, for medical reasons or other good	606
cause, excuse a student from taking a test administered under this	607
section on the date scheduled, but any such test shall be	608
administered to such excused student not later than nine days	609
following the scheduled date. The board shall annually report the	610
number of students who have not taken one or more of the tests	611
required by this section to the state board of education not later	612
than the thirtieth day of June.	613

(3) As used in this division, "English-limited student"	614
means a student whose primary language is not English and, who has	615
been enrolled in United States schools for less than two three	616
full school years, and who within the school year has been	617
identified, in accordance with criteria provided by the department	618
of education, as lacking adequate proficiency in English for a	619
test under this section to produce valid results with respect to	620
that student's academic progress.	621

A school district board or governing authority of a nonpublic	622
school may grant a temporary, one-year exemption from any test	623
administered under this section to an English-limited student. Not	624
more than three temporary one-year exemptions may be granted to	625
any student. During any school year in which a student is excused	626
from taking one or more tests administered under this section, the	627
school district shall assess that student's progress in learning	628
English, in accordance with procedures approved by the department.	629

No English-limited student shall be required to take any test	630
administered under this section. However, no district board or	631
governing authority of a chartered nonpublic school shall prohibit	632
an English-limited student from taking a test under this section.	633

(D) In the school year next succeeding the school year in	634
which the tests prescribed by division (A)(1) of section 3301.0710	635
of the Revised Code or former division (A)(1) or (B) of section	636
3301.0710 of the Revised Code as it existed prior to the effective	637
date of this amendment are administered to any student, the board	638
of education of any school district in which the student is	639
enrolled in that year shall provide to the student intervention	640
services to the student commensurate with the student's test	641
performance, including any intensive intervention required under	642
section 3313.608 of the Revised Code, in any skill in which the	643
student failed on those tests to demonstrate at least fourth-grade	644
levels of literacy and basic competency a score at the proficient	645
level on a proficiency test or a score in the basic range on an	646
achievement test. This division does not apply to any student	647
receiving services pursuant to an individualized education program	648
developed for the student pursuant to section 3323.08 of the	649
Revised Code.	650

(E) Except as provided in section 3313.608 of the Revised	651
Code and division (M) of this section, no school district board of	652
education shall permit utilize any student to be denied promotion	653
to a higher grade level solely because of the student's failure to	654
attain a specified score on any test administered under this	655
section as a factor in any decision to deny the student promotion	656
to a higher grade level. However, a district board may choose not	657
to promote to the next grade level any student who does not take	658
any proficiency test administered under this section or make up	659
such test as provided by division (C)(2) of this section and who	660
is not exempted from the requirement to take the test under	661
division (C)(1) or (3) of this section.	662

(F) No person shall be charged a fee for taking any test	663
administered under this section.	664

(G) Not later than sixty days after any administration of	665
any test prescribed by section 3301.0710 of the Revised Code, the	666
department shall send to each school district board a list of the	667
individual test scores of all persons taking the test. For any	668
tests administered under this section by a joint vocational school	669
district, the department shall also send to each city, local, or	670
exempted village school district a list of the individual test	671
scores of any students of such city, local, or exempted village	672
school district who are attending school in the joint vocational	673
school district.	674

(H) Individual test scores on any tests administered under	675
this section shall be released by a district board only in	676
accordance with section 3319.321 of the Revised Code and the rules	677
adopted under division (A) of this section. No district board or	678
its employees shall utilize individual or aggregate test results	679
in any manner that conflicts with rules for the ethical use of	680
tests adopted pursuant to division (A) of this section.	681

(I) Except as provided in division (G) of this section, the	682
department shall not release any individual test scores on any	683
test administered under this section and shall adopt rules to	684
ensure the protection of student confidentiality at all times.	685

(J) Notwithstanding division (D) of section 3311.19 and	686
division (D) of section 3311.52 of the Revised Code, this section	687
does not apply to the board of education of any joint vocational	688
or cooperative education school district except as provided under	689
rules adopted pursuant to this division.	690

(1) In accordance with rules that the state board of	691
education shall adopt, the board of education of any city,	692
exempted village, or local school district with territory in a	693
joint vocational school district or a cooperative education school	694
district established pursuant to divisions (A) to (C) of section	695
3311.52 of the Revised Code may enter into an agreement with the	696
board of education of the joint vocational or cooperative	697
education school district for administering any test prescribed	698
under this section to students of the city, exempted village, or	699
local school district who are attending school in the joint	700
vocational or cooperative education school district.	701

(2) In accordance with rules that the state board of	702
education shall adopt, the board of education of any city,	703
exempted village, or local school district with territory in a	704
cooperative education school district established pursuant to	705
section 3311.521 of the Revised Code shall enter into an agreement	706
with the cooperative district that provides for the administration	707
of any test prescribed under this section to both of the	708
following:	709

(a) Students who are attending school in the cooperative	710
district and who, if the cooperative district were not	711
established, would be entitled to attend school in the city,	712
local, or exempted village school district pursuant to section	713
3313.64 or 3313.65 of the Revised Code;	714

(b) Persons described in division (B)(5)(6)(b) of this	715
section.	716

Any testing of students pursuant to such an agreement shall	717
be in lieu of any testing of such students or persons pursuant to	718
this section.	719

(K)(1) Any chartered nonpublic school may participate in the	720
testing program by administering any of the tests prescribed by	721
section 3301.0710 of the Revised Code if the chief administrator	722
of the school specifies which tests the school wishes to	723
administer. Such specification shall be made in writing to the	724
superintendent of public instruction prior to the first day of	725
August of any school year in which tests are administered and	726
shall include a pledge that the nonpublic school will administer	727
the specified tests in the same manner as public schools are	728
required to do under this section and rules adopted by the	729
department.	730

(2) The department of education shall furnish the tests	731
prescribed by section 3301.0710 of the Revised Code to any	732
chartered nonpublic school electing to participate under this	733
division.	734

(L)(1) Except as provided in division (L)(3) of this section,	735
the The superintendent of the state school for the blind and the	736
superintendent of the state school for the deaf shall administer	737
the tests described by section 3301.0710 of the Revised Code. Each	738
superintendent shall administer the tests in the same manner as	739
district boards are required to do under this section and rules	740
adopted by the department of education and in conformity with	741
division (C)(1)(a) of this section.	742

(2) The department of education shall furnish the tests	743
described by section 3301.0710 of the Revised Code to each	744
superintendent.	745

(3) Any student enrolled in the state school for the blind	746
or the state school for the deaf shall be excused from taking any	747
particular test required to be administered under division (L)(1)	748
of this section if the individualized education program developed	749
for the student pursuant to section 3323.08 of the Revised Code	750
excuses the student from taking that test. In the case of any	751
student so excused from taking a test, the superintendent of the	752
school shall not prohibit the student from taking the test.	753

(M) Notwithstanding division (E) of this section, beginning	754
July 1, 1999, a school district may retain any student for an	755
additional year in such student's current grade level if such	756
student has failed to attain the designated scores on three or	757
more of the five use a student's failure to attain a score in at	758
least the basic range on any of the tests described by division	759
(A)(1) or (2)(b), (c), (d), or (e) of section 3301.0710 of the	760
Revised Code as a factor in retaining that student in the current	761
grade level.	762

This division does not supersede the requirements of section	763
3313.608 of the Revised Code.	764

(N)(1) All proficiency tests required by section 3301.0710	765
of the Revised Code shall become public records pursuant to	766
section 149.43 of the Revised Code on the first day of July	767
following the school year that the test was administered.	768

(2) The department may field test proposed proficiency test	769
questions with samples of students to determine the validity,	770
reliability, or appropriateness of test questions for possible	771
inclusion in a future year's proficiency test.	772

Field test questions shall not be considered in computing	773
test scores for individual students. Field test questions may be	774
included as part of the administration of any proficiency test	775
required by section 3301.0710 of the Revised Code.	776

(3) Any field test question administered under division	777
(N)(2) of this section shall not be a public record. Such field	778
test questions shall be redacted from any proficiency tests which	779
are released as a public record pursuant to division (N)(1) of	780
this section.	781

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	782
3301.0711 of the Revised Code, the state board of education shall	783
continue to prescribe and the department of education and each	784
school district shall continue to administer any proficiency test	785
as required by those former sections until the applicable	786
achievement test, as indicated on the chart below, has been	787
developed and made available in accordance with section 3301.079	788
of the Revised Code. Thereafter, such achievement test shall be	789
administered to students under sections 3301.0710 and 3301.0711 of	790
the Revised Code. School districts shall continue to provide	791
intervention services as required under former division (D) of	792
section 3301.0711 of the Revised Code to students who fail to	793
attain a score in the proficient range on a fourth grade	794
proficiency test.	795

(B) The state board shall continue to prescribe and school	824
districts and chartered nonpublic schools shall continue to	825
administer ninth grade proficiency tests in reading, writing,	826
mathematics, science, and citizenship to students who enter ninth	827
grade prior to July 1, 2003, for as long as those students remain	828
eligible under section 3313.614 of the Revised Code to receive	829
their high school diplomas based on passage of those ninth grade	830
proficiency tests. No student who enters ninth grade prior to	831
July 1, 2003, is required to take any Ohio graduation test, even	832
if any are administered to the student's grade level, until the	833
student is required by section 3313.614 of the Revised Code to	834
pass Ohio graduation tests to receive a high school diploma.	835

Sec. 3301.0713. (A) The state board of education shall	836
recommend a plan to the general assembly for developing and	837
implementing a series of end-of-course examinations aligned with	838
the academic standards described in section 3301.079 of the	839
Revised Code to be administered to high school students upon the	840
completion of specified courses as an alternative to passing the	841
tests required under division (B) of section 3301.0710 of the	842
Revised Code to receive a high school diploma.	843

(B) The state board shall appoint a committee to develop	844
recommendations to incorporate end-of-program assessments for	845
career-technical education programs in a manner similar to the	846
plan for end-of-course examinations required under division (A) of	847
this section. The committee shall present its recommendations to	848
the state board. The committee shall include representatives from	849
each of the following groups:	850

(1) Business;

851

(2) Labor;

852

(3) Career-technical education workforce development	853
teachers;	854

(4) Career-technical education administrators represented	855
by a superintendent of a joint vocational school district;	856

(5) Career-technical education administrators represented	857
by a director of a city career-technical education school;	858

(6) Parents;

859

(7) Career-technical education student organizations;

860

(8) Alumni of career-technical education workforce	861
development programs.	862

In developing its recommendations, the committee shall	863
consider the feasibility of substituting industry, state, or	864
national certification examinations, when available, for	865
end-of-program assessments for career-technical education	866
programs. The committee shall also consider appropriate measures	867
of student performance for career-technical education programs and	868
methods of reporting such data to the public.	869

(C) The department of education shall fund all development	870
costs associated with any career-technical education	871
end-of-program assessment recommendations made pursuant to	872
division (B) of this section. In the event that such assessments	873
are adopted as an alternative for the Ohio graduation tests	874
required under division (B) of section 3301.0710 of the Revised	875
Code, the department shall fund all implementation and	876
administration costs associated with those assessments.	877

Sec. 3301.0714.  (A) The state board of education shall	878
adopt rules for a statewide education management information	879
system. The rules shall require the state board to establish	880
guidelines for the establishment and maintenance of the system in	881
accordance with this section and the rules adopted under this	882
section. The guidelines shall include:	883

(1) Standards identifying and defining the types of data in	884
the system in accordance with divisions (B) and (C) of this	885
section;	886

(2) Procedures for annually collecting and reporting the	887
data to the state board in accordance with division (D) of this	888
section;	889

(3) Procedures for annually compiling the data in accordance	890
with division (G) of this section;	891

(4) Procedures for annually reporting the data to the public	892
in accordance with division (H) of this section.	893

(B) The guidelines adopted under this section shall require	894
the data maintained in the education management information system	895
to include at least the following:	896

(1) Student participation and performance data, for each	897
grade in each school district as a whole and for each grade in	898
each school building in each school district, that includes:	899

(a) The numbers of students receiving each category of	900
instructional service offered by the school district, such as	901
regular education instruction, vocational education instruction,	902
specialized instruction programs or enrichment instruction that is	903
part of the educational curriculum, instruction for gifted	904
students, instruction for handicapped students, and remedial	905
instruction. The guidelines shall require instructional services	906
under this division to be divided into discrete categories if an	907
instructional service is limited to a specific subject, a specific	908
type of student, or both, such as regular instructional services	909
in mathematics, remedial reading instructional services,	910
instructional services specifically for students gifted in	911
mathematics or some other subject area, or instructional services	912
for students with a specific type of handicap. The categories of	913
instructional services required by the guidelines under this	914
division shall be the same as the categories of instructional	915
services used in determining cost units pursuant to division	916
(C)(3) of this section.	917

(b) The numbers of students receiving support or	918
extracurricular services for each of the support services or	919
extracurricular programs offered by the school district, such as	920
counseling services, health services, and extracurricular sports	921
and fine arts programs. The categories of services required by	922
the guidelines under this division shall be the same as the	923
categories of services used in determining cost units pursuant to	924
division (C)(4)(a) of this section.	925

(c) Average student grades in each subject in grades nine	926
through twelve;	927

(d) Academic achievement levels in grades one through eight	928
as assessed by the locally developed competency programs required	929
by division (D) of section 3301.07 of the Revised Code;	930

(e) Academic achievement levels as assessed by the testing	931
of student proficiency achievement under sections 3301.0710 and	932
3301.0711 of the Revised Code;	933

(f)(e) The number of students designated as having a	934
handicapping condition pursuant to division (C)(1) of section	935
3301.0711 of the Revised Code;	936

(g)(f) The numbers of students reported to the state board	937
pursuant to division (C)(2) of section 3301.0711 of the Revised	938
Code;	939

(h)(g) Attendance rates and the average daily attendance for	940
the year;. For purposes of this division, a student shall be	941
counted as present for any field trip that is approved by the	942
school administration.	943

(i)(h) Expulsion rates;

944

(j)(i) Suspension rates;

945

(k)(j) The percentage of students receiving corporal	946
punishment;	947

(l)(k) Dropout rates;

948

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

949

(n)(m) For pupils in grades nine through twelve, the average	950
number of carnegie units, as calculated in accordance with state	951
board of education rules;	952

(o)(n) Graduation rates, to be calculated in a manner	953
specified by the department of education that reflects the rate at	954
which students who were in the ninth grade three years prior to	955
the current year complete school and that is consistent with	956
nationally accepted reporting requirements;	957

(o) Results of diagnostic assessments administered to	958
kindergarten students as required under section 3301.0715 of the	959
Revised Code to permit a comparison of the academic readiness of	960
kindergarten students. However, no district shall be required to	961
report to the department the results of any diagnostic assessment	962
administered to a kindergarten student if the parent of that	963
student requests the district not to report those results.	964

(2) Personnel and classroom enrollment data for each school	965
district, including:	966

(a) The total numbers of licensed employees and nonlicensed	967
employees and the numbers of full-time equivalent licensed	968
employees and nonlicensed employees providing each category of	969
instructional service, instructional support service, and	970
administrative support service used pursuant to division (C)(3) of	971
this section. The guidelines adopted under this section shall	972
require these categories of data to be maintained for the school	973
district as a whole and, wherever applicable, for each grade in	974
the school district as a whole, for each school building as a	975
whole, and for each grade in each school building.	976

(b) The total number of employees and the number of	977
full-time equivalent employees providing each category of service	978
used pursuant to divisions (C)(4)(a) and (b) of this section, and	979
the total numbers of licensed employees and nonlicensed employees	980
and the numbers of full-time equivalent licensed employees and	981
nonlicensed employees providing each category used pursuant to	982
division (C)(4)(c) of this section. The guidelines adopted under	983
this section shall require these categories of data to be	984
maintained for the school district as a whole and, wherever	985
applicable, for each grade in the school district as a whole, for	986
each school building as a whole, and for each grade in each school	987
building.	988

(c) The total number of regular classroom teachers teaching	989
classes of regular education and the average number of pupils	990
enrolled in each such class, in each of grades kindergarten	991
through five in the district as a whole and in each school	992
building in the school district.	993

(3)(a) Student demographic data for each school district,	994
including information regarding the gender ratio of the school	995
district's pupils, the racial make-up of the school district's	996
pupils, and an appropriate measure of the number of the school	997
district's pupils who reside in economically disadvantaged	998
households. The demographic data shall be collected in a manner	999
to allow correlation with data collected under division (B)(1) of	1000
this section. Categories for data collected pursuant to division	1001
(B)(3) of this section shall conform, where appropriate, to	1002
standard practices of agencies of the federal government.	1003

(b) With respect to each student entering kindergarten,	1004
whether the student previously participated in a public preschool	1005
program, a private preschool program, or a head start program, and	1006
the number of years the student participated in each of these	1007
programs.	1008

(C) The education management information system shall	1009
include cost accounting data for each district as a whole and for	1010
each school building in each school district. The guidelines	1011
adopted under this section shall require the cost data for each	1012
school district to be maintained in a system of mutually exclusive	1013
cost units and shall require all of the costs of each school	1014
district to be divided among the cost units. The guidelines shall	1015
require the system of mutually exclusive cost units to include at	1016
least the following:	1017

(1) Administrative costs for the school district as a whole.	1018
The guidelines shall require the cost units under this division	1019
(C)(1) to be designed so that each of them may be compiled and	1020
reported in terms of average expenditure per pupil in formula ADM	1021
in the school district, as determined pursuant to section 3317.03	1022
of the Revised Code.	1023

(2) Administrative costs for each school building in the	1024
school district. The guidelines shall require the cost units	1025
under this division (C)(2) to be designed so that each of them may	1026
be compiled and reported in terms of average expenditure per	1027
full-time equivalent pupil receiving instructional or support	1028
services in each building.	1029

(3) Instructional services costs for each category of	1030
instructional service provided directly to students and required	1031
by guidelines adopted pursuant to division (B)(1)(a) of this	1032
section. The guidelines shall require the cost units under	1033
division (C)(3) of this section to be designed so that each of	1034
them may be compiled and reported in terms of average expenditure	1035
per pupil receiving the service in the school district as a whole	1036
and average expenditure per pupil receiving the service in each	1037
building in the school district and in terms of a total cost for	1038
each category of service and, as a breakdown of the total cost, a	1039
cost for each of the following components:	1040

(a) The cost of each instructional services category	1041
required by guidelines adopted under division (B)(1)(a) of this	1042
section that is provided directly to students by a classroom	1043
teacher;	1044

(b) The cost of the instructional support services, such as	1045
services provided by a speech-language pathologist, classroom	1046
aide, multimedia aide, or librarian, provided directly to students	1047
in conjunction with each instructional services category;	1048

(c) The cost of the administrative support services related	1049
to each instructional services category, such as the cost of	1050
personnel that develop the curriculum for the instructional	1051
services category and the cost of personnel supervising or	1052
coordinating the delivery of the instructional services category.	1053

(4) Support or extracurricular services costs for each	1054
category of service directly provided to students and required by	1055
guidelines adopted pursuant to division (B)(1)(b) of this section.	1056
The guidelines shall require the cost units under division (C)(4)	1057
of this section to be designed so that each of them may be	1058
compiled and reported in terms of average expenditure per pupil	1059
receiving the service in the school district as a whole and	1060
average expenditure per pupil receiving the service in each	1061
building in the school district and in terms of a total cost for	1062
each category of service and, as a breakdown of the total cost, a	1063
cost for each of the following components:	1064

(a) The cost of each support or extracurricular services	1065
category required by guidelines adopted under division (B)(1)(b)	1066
of this section that is provided directly to students by a	1067
licensed employee, such as services provided by a guidance	1068
counselor or any services provided by a licensed employee under a	1069
supplemental contract;	1070

(b) The cost of each such services category provided	1071
directly to students by a nonlicensed employee, such as janitorial	1072
services, cafeteria services, or services of a sports trainer;	1073

(c) The cost of the administrative services related to each	1074
services category in division (C)(4)(a) or (b) of this section,	1075
such as the cost of any licensed or nonlicensed employees that	1076
develop, supervise, coordinate, or otherwise are involved in	1077
administering or aiding the delivery of each services category.	1078

(D)(1) The guidelines adopted under this section shall	1079
require school districts to collect information about individual	1080
students, staff members, or both in connection with any data	1081
required by division (B) or (C) of this section or other reporting	1082
requirements established in the Revised Code. The guidelines may	1083
also require school districts to report information about	1084
individual staff members in connection with any data required by	1085
division (B) or (C) of this section or other reporting	1086
requirements established in the Revised Code. The guidelines may	1087
shall not authorize school districts to request social security	1088
numbers of individual students so that school districts and the	1089
data acquisition sites operated under section 3301.075 of the	1090
Revised Code can assure accuracy and avoid errors in collecting	1091
the data. However, the The guidelines shall prohibit the reporting	1092
under this section of any personally identifiable information	1093
about any student, including a student's social security number,	1094
name, or address, to the state board of education or the	1095
department of education or to any other person unless such person	1096
is employed by the school district or the data acquisition site	1097
and is authorized by the district or acquisition site to have	1098
access to such information. The guidelines may require school	1099
districts to provide the social security numbers of individual	1100
staff members.	1101

(2) The guidelines shall provide for each school district or	1102
community school to assign a data verification code to each	1103
student whose initial Ohio enrollment is in that district or	1104
school and to report all required individual student data for that	1105
student utilizing such code. The guidelines shall also provide	1106
for assigning data verification codes to all students enrolled in	1107
districts or community schools on the effective date of the	1108
guidelines established under this section.	1109

Individual student data shall be reported to the department	1110
through the data acquisition sites utilizing the code but at no	1111
time shall anyone other than an employee of the school district or	1112
community school in which the student is enrolled have access to	1113
information that would enable any data verification code to be	1114
matched to personally identifiable student data.	1115

Each school district shall ensure that the data verification	1116
code is included in the student's records reported to any	1117
subsequent school district or community school in which the	1118
student enrolls and shall remove all references to the code in any	1119
records retained in the district or school that pertain to any	1120
student no longer enrolled. Any such subsequent district or	1121
school shall utilize the same identifier in its reporting of data	1122
under this section.	1123

(E) The guidelines adopted under this section may require	1124
school districts to collect and report data, information, or	1125
reports other than that described in divisions (A), (B), and (C)	1126
of this section for the purpose of complying with other reporting	1127
requirements established in the Revised Code. The other data,	1128
information, or reports may be maintained in the education	1129
management information system but are not required to be compiled	1130
as part of the profile formats required under division (G) of this	1131
section or the annual statewide report required under division (H)	1132
of this section.	1133

(F) Beginning with the school year that begins July 1, 1991,	1134
the board of education of each school district shall annually	1135
collect and report to the state board, in accordance with the	1136
guidelines established by the board, the data required pursuant to	1137
this section. A school district may collect and report these data	1138
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	1139

(G) The state board shall, in accordance with the procedures	1140
it adopts, annually compile the data reported by each school	1141
district pursuant to division (D) of this section. The state	1142
board shall design formats for profiling each school district as a	1143
whole and each school building within each district and shall	1144
compile the data in accordance with these formats. These profile	1145
formats shall:	1146

(1) Include all of the data gathered under this section in a	1147
manner that facilitates comparison among school districts and	1148
among school buildings within each school district;	1149

(2) Present the data on academic achievement levels as	1150
assessed by the testing of student proficiency achievement	1151
maintained pursuant to division (B)(1)(e) of this section so that	1152
the academic achievement levels of students who are excused from	1153
taking any such test pursuant to division (C)(1) of section	1154
3301.0711 of the Revised Code are distinguished from the academic	1155
achievement levels of students who are not so excused.	1156

(H)(1) The state board shall, in accordance with the	1157
procedures it adopts, annually prepare a statewide report for all	1158
school districts and the general public that includes the profile	1159
of each of the school districts developed pursuant to division (G)	1160
of this section. Copies of the report shall be sent to each	1161
school district.	1162

(2) The state board shall, in accordance with the procedures	1163
it adopts, annually prepare an individual report for each school	1164
district and the general public that includes the profiles of each	1165
of the school buildings in that school district developed pursuant	1166
to division (G) of this section. Copies of the report shall be	1167
sent to the superintendent of the district and to each member of	1168
the district board of education.	1169

(3) Copies of the reports received from the state board	1170
under divisions (H)(1) and (2) of this section shall be made	1171
available to the general public at each school district's offices.	1172
Each district board of education shall make copies of each report	1173
available to any person upon request and payment of a reasonable	1174
fee for the cost of reproducing the report. The board shall	1175
annually publish in a newspaper of general circulation in the	1176
school district, at least twice during the two weeks prior to the	1177
week in which the reports will first be available, a notice	1178
containing the address where the reports are available and the	1179
date on which the reports will be available.	1180

(I) Any data that is collected or maintained pursuant to	1181
this section and that identifies an individual pupil is not a	1182
public record for the purposes of section 149.43 of the Revised	1183
Code.	1184

(J) As used in this section:

1185

(1) "School district" means any city, local, exempted	1186
village, or joint vocational school district.	1187

(2) "Cost" means any expenditure for operating expenses made	1188
by a school district excluding any expenditures for debt	1189
retirement except for payments made to any commercial lending	1190
institution for any loan approved pursuant to section 3313.483 of	1191
the Revised Code.	1192

(K) Any person who removes data from the information system	1193
established under this section for the purpose of releasing it to	1194
any person not entitled under law to have access to such	1195
information is subject to section 2913.42 of the Revised Code	1196
prohibiting tampering with data.	1197

(L) Any time the department of education determines that a	1198
school district has taken any of the actions described under	1199
division (L)(1), (2), or (3) of this section, it shall make a	1200
report of the actions of the district, send a copy of the report	1201
to the superintendent of such school district, and maintain a copy	1202
of the report in its files:	1203

(1) The school district fails to meet any deadline	1204
established pursuant to this section for the reporting of any data	1205
to the education management information system;	1206

(2) The school district fails to meet any deadline	1207
established pursuant to this section for the correction of any	1208
data reported to the education management information system;	1209

(3) The school district reports data to the education	1210
management information system in a condition, as determined by the	1211
department, that indicates that the district did not make a good	1212
faith effort in reporting the data to the system.	1213

Any report made under this division shall include	1214
recommendations for corrective action by the school district.	1215

Upon making a report for the first time in a fiscal year, the	1216
department shall withhold ten per cent of the total amount due	1217
during that fiscal year under Chapter 3317. of the Revised Code to	1218
the school district to which the report applies. Upon making a	1219
second report in a fiscal year, the department shall withhold an	1220
additional twenty per cent of such total amount due during that	1221
fiscal year to the school district to which the report applies.	1222
The department shall not release such funds unless it determines	1223
that the district has taken corrective action. However, no such	1224
release of funds shall occur if the district fails to take	1225
corrective action within ninety days of the date upon which the	1226
report was made by the department.	1227

(M) The department of education, after consultation with the	1228
Ohio education computer network, may provide at no cost to school	1229
districts uniform computer software for use in reporting data to	1230
the education management information system, provided that no	1231
school district shall be required to utilize such software to	1232
report data to the education management information system if such	1233
district is so reporting data in an accurate, complete, and timely	1234
manner in a format compatible with that required by the education	1235
management information system.	1236

(N) The state board of education, in accordance with	1237
sections 3319.31 and 3319.311 of the Revised Code, may suspend or	1238
revoke a license as defined under division (A) of section 3319.31	1239
of the Revised Code that has been issued to any school district	1240
employee found to have willfully reported erroneous, inaccurate,	1241
or incomplete data to the education management information system.	1242

(O) No person shall release or maintain any information	1243
about any student in violation of this section. Whoever violates	1244
this division is guilty of a misdemeanor of the fourth degree.	1245

(P) The department shall disaggregate the data collected	1246
under division (B)(1)(o) of this section according to the race and	1247
socioeconomic status of the students assessed. No data collected	1248
under that division shall be included on the report cards required	1249
by section 3302.03 of the Revised Code.	1250

(Q) If the department cannot compile any of the information	1251
required by division (D)(5) of section 3302.03 of the Revised Code	1252
based upon the data collected under this section, the department	1253
shall develop a plan and a reasonable timeline for the collection	1254
of any data necessary to comply with that division.	1255

Sec. 3301.0715.  (A) Except as provided in division (E) of	1256
this section, the board of education of each city, local, and	1257
exempted village school district shall administer each diagnostic	1258
assessment developed and provided to the district in accordance	1259
with section 3301.079 of the Revised Code to measure student	1260
progress toward the attainment of academic standards for grades	1261
kindergarten through two in reading, writing, and mathematics and	1262
for grades three through eight in reading, writing, mathematics,	1263
science, and social studies.	1264

(B) Each district board shall administer each diagnostic	1265
assessment as the board deems appropriate. However, the board	1266
shall administer any diagnostic assessment at least once annually	1267
to all students in the appropriate grade level. A district board	1268
may administer any diagnostic assessment in the fall and spring of	1269
a school year to measure the "value added" of the instruction	1270
received by students during that school year.	1271

(C) Each district board shall utilize and score any	1272
diagnostic assessment administered under division (A) of this	1273
section in accordance with rules established by the department of	1274
education. Except as required by division (B)(1)(o) of section	1275
3301.0714 of the Revised Code, neither the state board nor the	1276
department shall require school districts to report the results of	1277
diagnostic assessments for any students to the department or to	1278
make any such results available in any form to the public. After	1279
the administration of any diagnostic assessment, each district	1280
shall provide a student's completed diagnostic assessment, the	1281
results of such assessment, and any other accompanying documents	1282
used during the administration of the assessment to the parent of	1283
that student upon the parent's request.	1284

(D) Each district board shall provide intervention services	1285
to students whose diagnostic assessments show that they are	1286
failing to make satisfactory progress toward attaining the	1287
academic standards for their grade level.	1288

(E) Any district declared excellent under section 3302.03 of	1289
the Revised Code may assess student progress using a diagnostic	1290
assessment other than the diagnostic assessment required by	1291
division (A) of this section.	1292

(F) Within thirty days after a student transfers into a	1293
school district or to a different school within the same district,	1294
the district shall administer each diagnostic assessment required	1295
under division (A) of this section to the student.	1296

Sec. 3301.0717.  In addition to the duties imposed on it by	1297
law, the state board of education shall establish and submit to	1298
the governor and the general assembly a clear and measurable set	1299
of goals with specific timetables for their achievement. The	1300
goals shall be established for programs designed to accomplish:	1301

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

1302

(B) Reductions in the need for remedial courses;

1303

(C) Reductions in the student dropout rate;

1304

(D) Improvements in scores on standardized tests;

1305

(E) Increases in satisfactory completion of high school	1306
proficiency achievement tests;	1307

(F) Increases in American college test scores;

1308

(G) Increases in the rate of college entry;

1309

(H) Reductions in the need for remedial courses for	1310
first-year college freshmen students.	1311

In July of each odd-numbered year, the state board of	1312
education shall submit a report on progress made toward these	1313
goals to the governor and the general assembly.	1314

Sec. 3301.0718. (A) After completing the required standards	1315
specified in section 3301.079 of the Revised Code, the state board	1316
of education shall adopt standards and model curricula for	1317
instruction in computer literacy for grades three through twelve	1318
and in fine arts and foreign language for grades kindergarten	1319
through twelve. The state board shall not adopt or revise any	1320
standards or curriculum in the area of health or physical	1321
education unless, by concurrent resolution, the standards,	1322
curriculum, or revisions are approved by both houses of the	1323
general assembly. Before the house of representatives or senate	1324
votes on a concurrent resolution approving health or physical	1325
education standards, curriculum, or revisions, its standing	1326
committee having jurisdiction over education legislation shall	1327
conduct at least one public hearing on the standards, curriculum,	1328
or revisions.	1329

(B) The state board shall not adopt a diagnostic assessment	1330
or achievement test for any grade level or subject area other than	1331
those specified in section 3301.079 of the Revised Code.	1332

Sec. 3301.0712.        Sec.  .        Sec. 3301.0719.  (A) The state board of education	1333
shall adopt minimum standards under which each governing board of	1334
an educational service center shall develop a plan of service to	1335
school districts within the center's territory. The standards	1336
shall require that the plan of service include, but need not be	1337
limited to, provisions that ensure:	1338

(1) The maximum involvement of boards of education of local	1339
school districts in all aspects of the service plan;	1340

(2) Adequate and well-maintained physical facilities for the	1341
offices of the county board;	1342

(3) Fiscal monitoring of the local districts by the	1343
educational service center governing board;	1344

(4) The availability of qualified staff in sufficient	1345
numbers to implement the service plan;	1346

(5) Supervision and evaluation of classroom activities in	1347
the local districts;	1348

(6) The availability of in-service and continuing education	1349
programs for all local district and educational service center	1350
personnel;	1351

(7) The offering of specified curriculum services to the	1352
local districts;	1353

(8) The development of research and development programs;

1354

(9) Regular and continuing communication among the	1355
educational service center governing board, local districts, and	1356
the community;	1357

(10) Continuing planning for the maximum utilization of	1358
existing school buildings and the development of new facilities;	1359

(11) Monitoring and enforcement of the compulsory attendance	1360
law;	1361

(12) Accurate recordkeeping in the local district schools;

1362

(13) Assistance to local districts in the provision of	1363
special accommodations and classes for handicapped students.	1364

(B) Each educational service center governing board shall,	1365
within one hundred eighty days of the effective date of the	1366
minimum standards adopted by the state board under division (A) of	1367
this section, submit to the state board a plan of service that	1368
meets these standards. The state board shall approve any plan of	1369
service that meets these standards and, upon approval of any such	1370
plan, shall issue a charter to that educational service center.	1371

(C) The state board shall conduct an evaluation every five	1372
years of each educational service center governing board and the	1373
services it provides. The evaluation shall include	1374
recommendations and shall be discussed in a public meeting held by	1375
the superintendent of the educational service center within thirty	1376
days of receipt of the evaluation report. The educational service	1377
center superintendent shall also submit a plan to the state board	1378
for correcting any violations specified in the evaluation within	1379
ninety days of receipt of the evaluation report. The state board	1380
shall approve any such plan that meets the minimum standards	1381
adopted by the state board under division (A) of this section.	1382

(D) The state board shall revoke the charter of any	1383
educational service center that fails to comply with the plan of	1384
service approved by the state board under division (B) of this	1385
section or with any plan for correcting violations approved by the	1386
state board under division (C) of this section.	1387

(E) If any educational service center fails to submit a plan	1388
of service in compliance with the provisions of division (B) of	1389
this section or if the charter of any educational service center	1390
is revoked pursuant to division (D) of this section, the state	1391
board may dissolve the educational service center and pursuant to	1392
this division transfer its territory to one or more adjacent	1393
educational service centers.	1394

Prior to dissolving an educational service center pursuant to	1395
this division, the state board shall notify the educational	1396
service center governing board to be dissolved and the governing	1397
boards of all adjacent educational service centers of its	1398
intention to dissolve the educational service center. The	1399
governing boards receiving such a notice may make recommendations	1400
to the state board regarding the proposed dissolution and	1401
subsequent transfer of territory.	1402

No order of the state board to transfer the territory of an	1403
educational service center being dissolved pursuant to this	1404
division shall divide the territory of a local school district	1405
between two or more adjacent educational service centers. An	1406
equitable division of the funds, property, and indebtedness of any	1407
educational service center being dissolved pursuant to this	1408
division shall be made by the state board among the educational	1409
service centers receiving territory. The governing board of an	1410
educational service center receiving territory shall accept such	1411
territory pursuant to the order of the state board. Any transfer	1412
of territory ordered by the state board shall become effective on	1413
the date specified by the state board, but the date shall be at	1414
least thirty days after the date on which the order was issued.	1415

(F) In issuing and revoking charters under this section, the	1416
state board shall be governed by the provisions of Chapter 119. of	1417
the Revised Code.	1418

Sec. 3301.801. (A) The Ohio SchoolNet commission shall create	1419
and maintain a clearinghouse for classroom teachers, including any	1420
classroom teachers employed by community schools established under	1421
Chapter 3314. of the Revised Code, to easily obtain lesson plans	1422
and materials and other practical resources for use in classroom	1423
teaching. The commission shall develop a method of obtaining	1424
submissions, from classroom teachers and others, of such plans,	1425
materials, and other resources that have been used in the	1426
classroom and that can be readily used and implemented by	1427
classroom teachers in their regular teaching activities. The	1428
commission also shall develop methods of informing classroom	1429
teachers of both the availability of such plans, materials, and	1430
other resources, and of the opportunity to submit such plans,	1431
materials, and other resources and other classroom teaching ideas	1432
to the clearinghouse.	1433

The department of education shall regularly identify	1434
research-based practices concerned with scheduling and allotting	1435
instructional time and submit such practices to the commission for	1436
inclusion in the clearinghouse.	1437

The commission shall periodically report to the speaker and	1438
minority leader of the house of representatives, the president and	1439
minority leader of the senate, and the chairpersons and ranking	1440
minority members of the education committees of the senate and the	1441
house of representatives regarding the clearinghouse and make	1442
recommendations for changes in state law or administrative rules	1443
that may facilitate the usefulness of the clearinghouse.	1444

(B) Not later than one year after the effective date of this	1445
amendment, the department of education shall identify research	1446
studies on academic intervention and prevention practices that	1447
have been successful in improving the academic performance of	1448
students from different ethnic and socioeconomic groups, develop	1449
an annotated bibliography of such studies, and provide that	1450
bibliography to the Ohio SchoolNet commission. The commission	1451
shall promptly make the bibliography available to school districts	1452
as a part of the clearinghouse established under this section.	1453

Sec. 3301.91.  (A) The OhioReads council's responsibilities	1454
include, but are not limited to, the following:	1455

(1) Advising and consenting to the superintendent of public	1456
instruction's appointments to the position of executive director	1457
of the OhioReads office;	1458

(2) Evaluating the effectiveness of the OhioReads initiative	1459
established by this section and sections 3301.86 and 3301.87 of	1460
the Revised Code and conducting annual evaluations beginning in	1461
fiscal year 2002;	1462

(3) Developing a strategic plan for identifying, recruiting,	1463
training, qualifying, and placing volunteers for the OhioReads	1464
initiative;	1465

(4) Establishing standards for the awarding of classroom	1466
reading grants under section 3301.86 of the Revised Code and	1467
community reading grants under section 3301.87 of the Revised	1468
Code, including eligibility criteria, grant amounts, purposes for	1469
which grants may be used, and administrative, programmatic, and	1470
reporting requirements;	1471

(5) Awarding classroom reading grants and community reading	1472
grants to be paid by the OhioReads office under sections 3301.86	1473
and 3301.87 of the Revised Code;	1474

(6) Establishing guidelines for and overseeing the general	1475
responsibilities and mission of the executive director of the	1476
OhioReads office;	1477

(7) Adopting rules pursuant to Chapter 119. of the Revised	1478
Code to establish standards required under sections 3301.86 and	1479
3301.87 of the Revised Code.	1480

(B) In performing its duties, the council shall, to the	1481
extent practicable:	1482

(1) Give primary consideration to the safety and well-being	1483
of children participating in the OhioReads initiative;	1484

(2) Maximize the use of resources to improve reading	1485
outcomes, especially the fourth grade reading proficiency test	1486
established under former division (A)(1) of section 3301.0710 of	1487
the Revised Code and the third grade reading achievement test	1488
established under division (A)(1)(a) of section 3301.0710 of the	1489
Revised Code;	1490

(3) Identify and maximize relevant federal and state	1491
resources to leverage OhioReads resources and related programs;	1492

(4) Focus on early reading intervention strategies,	1493
professional development, and parental involvement;	1494

(5) Give priority to programs recognized as promising	1495
educational practices for accelerating student achievement,	1496
including, but not limited to, programs primarily using volunteers	1497
and programs that may have been reviewed by the education	1498
commission of the states.	1499

Sec. 3302.02.  The following are the expected state	1500
performance standards for school districts:	1501

(A) A ninety per cent graduation rate;

1502

(B) At least seventy-five per cent of fourth graders	1503
proficient on the mathematics test prescribed by division (A)(1)	1504
of section 3301.0710 of the Revised Code;	1505

(C) At least seventy-five per cent of fourth graders	1506
proficient on the reading test prescribed by division (A)(1) of	1507
section 3301.0710 of the Revised Code;	1508

(D) At least seventy-five per cent of fourth graders	1509
proficient on the writing test prescribed by division (A)(1) of	1510
section 3301.0710 of the Revised Code;	1511

(E) At least seventy-five per cent of fourth graders	1512
proficient on the citizenship test prescribed by division (A)(1)	1513
of section 3301.0710 of the Revised Code;	1514

(F) At least seventy-five per cent of ninth graders	1515
proficient on the mathematics test prescribed by division (B) of	1516
section 3301.0710 of the Revised Code;	1517

(G) At least seventy-five per cent of ninth graders	1518
proficient on the reading test prescribed by division (B) of	1519
section 3301.0710 of the Revised Code;	1520

(H) At least seventy-five per cent of ninth graders	1521
proficient on the writing test prescribed by division (B) of	1522
section 3301.0710 of the Revised Code;	1523

(I) At least seventy-five per cent of ninth graders	1524
proficient on the citizenship test prescribed by division (B) of	1525
section 3301.0710 of the Revised Code;	1526

(J) At least eighty-five per cent of tenth graders	1527
proficient on the mathematics test prescribed by division (B) of	1528
section 3301.0710 of the Revised Code;	1529

(K) At least eighty-five per cent of tenth graders	1530
proficient on the reading test prescribed by division (B) of	1531
section 3301.0710 of the Revised Code;	1532

(L) At least eighty-five per cent of tenth graders	1533
proficient on the writing test prescribed by division (B) of	1534
section 3301.0710 of the Revised Code;	1535

(M) At least eighty-five per cent of tenth graders	1536
proficient on the citizenship test prescribed by division (B) of	1537
section 3301.0710 of the Revised Code;	1538

(N) At least sixty per cent of twelfth graders proficient on	1539
the mathematics test prescribed by division (A)(3) of section	1540
3301.0710 of the Revised Code;	1541

(O) At least sixty per cent of twelfth graders proficient on	1542
the reading test prescribed by division (A)(3) of section	1543
3301.0710 of the Revised Code;	1544

(P) At least sixty per cent of twelfth graders proficient on	1545
the writing test prescribed by division (A)(3) of section	1546
3301.0710 of the Revised Code;	1547

(Q) At least sixty per cent of twelfth graders proficient on	1548
the citizenship test prescribed by division (A)(3) of section	1549
3301.0710 of the Revised Code;	1550

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

1551

When sufficient data concerning the tests given pursuant to	1552
division (A)(2) of section 3301.0710 of the Revised Code and the	1553
science tests given pursuant to divisions (A)(1), (3), and (B) of	1554
section 3301.0710 of the Revised Code are available for the	1555
department of education to establish performance standards for	1556
those tests, the department shall recommend a rule adding	1557
standards to reflect these additional tests. The department shall	1558
also recommend a rule when necessary to allow for the phasing out	1559
of the ninth grade proficiency test and its replacement with a	1560
high school proficiency test pursuant to section 3301.0710 of the	1561
Revised Code as amended by Amended Substitute Senate Bill No. 55	1562
of the 122nd general assembly. The rules	1563

The state board of education annually through 2006, and	1564
every six years thereafter, shall establish at least seventeen	1565
performance indicators for the report cards required by division	1566
(D) of section 3302.03 of the Revised Code. In establishing these	1567
indicators, the state board shall consider inclusion of student	1568
performance on any tests given under section 3301.0710 of the	1569
Revised Code, rates of student improvement on such tests, student	1570
attendance, the breadth of coursework available within the	1571
district, and other indicators of student success. The state	1572
board shall notify all school districts of the selected	1573
performance indicators at least two years before they are included	1574
in the report card.	1575

The state board shall not recommend establish any standard be	1576
established performance indicator for passage of the third or	1577
fourth grade reading test that is solely based on the test given	1578
in the fall for the purpose of determining whether students have	1579
met the fourth grade reading guarantee provisions of section	1580
3313.608 of the Revised Code.	1581

Rules recommended by the department under this section shall	1582
not take effect unless approved by joint resolution of the general	1583
assembly.	1584

Sec. 3302.03.  (A) Beginning with the fiscal year that starts	1585
on July 1, 1999, every three years Annually the department of	1586
education shall calculate and report for each school district its	1587
percentages on the extent to which it meets each of the	1588
performance indicators listed in created by the state board of	1589
education under section 3302.02 of the Revised Code and shall	1590
specify for each such district the extent to which the acceptable	1591
number of performance indicator has indicators that have been	1592
achieved and whether the district is an excellent school district,	1593
an effective school district, needs continuous improvement, is	1594
under an academic watch, or is in a state of academic emergency.	1595

When possible, the department shall also determine for each	1596
school building in a district the extent to which it meets any of	1597
the performance indicators applicable to the grade levels of the	1598
students in that school building and whether the school building	1599
is an excellent school, an effective school, needs continuous	1600
improvement, is under an academic watch, or is in a state of	1601
academic emergency.	1602

(B)(1) If the state board establishes seventeen performance	1603
indicators applicable to a school district or building under	1604
section 3302.02 of the Revised Code:	1605

(1) A school district or building shall be declared	1606
excellent if it meets at least sixteen of the applicable state	1607
performance indicators.	1608

(2) A school district or building shall be declared an	1609
effective school district if it meets at least ninety-four per	1610
cent thirteen through fifteen of the applicable state performance	1611
standards indicators.	1612

(2)(3) A school district or building shall be declared to be	1613
in need of continuous improvement if it meets more than fifty per	1614
cent eight but less than ninety-four per cent thirteen of the	1615
applicable state performance standards indicators.	1616

(3)(4) A school district or building shall be declared to be	1617
under an academic watch if it meets more than thirty-three per	1618
cent five but not more than fifty per cent eight of the applicable	1619
state performance standards indicators.	1620

(4)(5) A school district or building shall be declared to be	1621
in a state of academic emergency if it does not meet more than	1622
thirty-three per cent five of the applicable state performance	1623
standards indicators.	1624

(C) Whenever feasible, the department shall utilize	1625
three-year averaging of the district's percentages on the	1626
performance standards specified in section 3302.02 of the Revised	1627
Code If the state board establishes more than seventeen	1628
performance indicators under section 3302.02 of the Revised Code,	1629
or if less than seventeen performance indicators are applicable to	1630
a school building, the state board shall establish the number of	1631
indicators that must be met in order for a district or building to	1632
be designated as excellent, effective, needs continuous	1633
improvement, is under an academic watch, or is in a state of	1634
academic emergency. The number established for each such	1635
category under this division shall bear a similar relationship to	1636
the total number of indicators as the number of indicators	1637
required for the respective categories stated in division (B) of	1638
this section bears to seventeen.	1639

(D)(1) The department shall issue annual report cards for	1640
each school district, each building within each district, and for	1641
the state as a whole based on reflecting performance on the	1642
indicators created by the state board under section 3302.02 of the	1643
Revised Code.	1644

(2) The department shall include on the report card for each	1645
district information pertaining to any change from the previous	1646
year made by the school district or school buildings within the	1647
district on any performance indicator.	1648

(3) When reporting data on student performance, the	1649
department shall disaggregate that data according to the following	1650
categories:	1651

(a) Performance of students by age group;

1652

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

1653

(c) Performance of students by gender;

1654

(d) Performance of students grouped by those who have been	1655
enrolled in a district or school for three or more years;	1656

(e) Performance of students grouped by those who have been	1657
enrolled in a district or school for more than one year and less	1658
than three years;	1659

(f) Performance of students grouped by those who have been	1660
enrolled in a district or school for one year or less;	1661

(g) Performance of students grouped by those who are	1662
classified as vocational education students pursuant to guidelines	1663
adopted by the department for purposes of this division;	1664

(h) Performance of students grouped by those who are	1665
economically disadvantaged, to the extent that such data is	1666
available from the education management information system	1667
establised under section 3301.0714 of the Revised Code.	1668

The department may disaggregate data on student performance	1669
according to other categories that the department determines are	1670
appropriate.	1671

In reporting data pursuant to division (D)(3) of this	1672
section, the department shall not include in the report cards any	1673
data statistical in nature that is statistically unreliable or	1674
that could result in the identification of individual students.	1675

(4) The department may include with the report cards any	1676
additional education and fiscal performance data it deems	1677
valuable.	1678

(5) The department shall include on each report card a list	1679
of additional information collected by the department that is	1680
available regarding the district or building for which the report	1681
card is issued. When available, such additional information shall	1682
include student mobility data disaggregated by race and	1683
socioeconomic status, college enrollment data, and the reports	1684
prepared under section 3302.031 of the Revised Code.	1685

The department shall maintain a site on the world wide web.	1686
The report card shall include the address of the site and shall	1687
specify that such additional information is available to the	1688
public at that site. The department shall also provide a copy of	1689
each item on the list to the superintendent of each school	1690
district. The district superintendent shall provide a copy of any	1691
item on the list to anyone who requests it.	1692

(2) The department shall not include in the report card	1693
required by this division proficiency test passage data according	1694
to any ethnic, racial, or gender classification.	1695

(E) In calculating the reading, writing, mathematics, social	1696
studies, or science proficiency or achievement test passage rates	1697
used to determine school district performance under this section,	1698
the department shall include all students except:	1699

(1) Those students exempted from the requirement to take the	1700
applicable proficiency test taking a test with accommodation or to	1701
whom an alternate assessment is administered pursuant to division	1702
(C)(1) or (3) of section 3301.0711 of the Revised Code, but shall	1703
not include any student excused from taking a test pursuant to	1704
division (C)(3) of that section, whether or not the student chose	1705
to take the test voluntarily in spite of the exemption granted in	1706
that division;	1707

(2) Those students to whom the twelfth-grade tests are not	1708
administered, pursuant to division (B)(4) of section 3301.0711 of	1709
the Revised Code.	1710

Sec. 3302.031. In addition to the report cards required under	1711
section 3302.03 of the Revised Code, the department of education	1712
shall annually prepare the following reports for each school	1713
district and make a copy of each report available to the	1714
superintendent of each district:	1715

(A) A funding and expenditure accountability report which	1716
shall consist of the amount of state aid payments the school	1717
district will receive during the fiscal year under Chapter 3317.	1718
of the Revised Code and any other fiscal data the department	1719
determines is necessary to inform the public about the financial	1720
status of the district;	1721

(B) A school safety and discipline report which shall	1722
consist of statistical information regarding student safety and	1723
discipline in each school building, including the number of	1724
suspensions and expulsions disaggregated according to race and	1725
gender;	1726

(C) A student equity report which shall consist of at least	1727
a description of the status of teacher qualifications, library and	1728
media resources, textbooks, classroom materials and supplies, and	1729
technology resources for each district. To the extent possible,	1730
the information included in the report required under this	1731
division shall be disaggregated according to grade level, race,	1732
gender, disability, and scores attained on tests required under	1733
section 3301.0710 of the Revised Code.	1734

(D) A school enrollment report which shall consist of	1735
information about the composition of classes within each district	1736
by grade and subject disaggregated according to race, gender, and	1737
scores attained on tests required under section 3301.0710 of the	1738
Revised Code;	1739

(E) A student retention report which shall consist of the	1740
number of students retained in their respective grade levels in	1741
the district disaggregated by grade level, subject area, race,	1742
gender, and disability.	1743

Sec. 3302.04.  (A) By March 1, 1998, the The state board of	1744
education shall recommend to the general assembly adopt a rule	1745
establishing both of the following:	1746

(1) A standard unit of improvement that any building within	1747
a district or school district would be required to achieve on a	1748
specific performance standard indicator that it failed to meet in	1749
order to be deemed to have made satisfactory improvement toward	1750
meeting that standard indicator.	1751

(2) The percentage of those performance standards indicators	1752
that a buiding within a district or a district did not meet, on	1753
which a building or district would be required to achieve the	1754
standard unit of improvement in order to be deemed to be making	1755
overall progress toward becoming an effective excellent building	1756
or district.	1757

Upon approval of the general assembly, the The rule shall	1758
apply to determinations of school district improvement under	1759
division (B) of this section.	1760

(B) When a school district has been notified by the	1761
department pursuant to division (A) of section 3302.03 of the	1762
Revised Code that the district or a building within the district	1763
needs continuous improvement, is under an academic watch, or is in	1764
a state of academic emergency, the district shall develop a	1765
three-year continuous improvement plan containing an analysis of	1766
the reasons for the district's failure as a whole, or the failure	1767
of any buildings, to meet any of the standards it does indicators	1768
not meet met and specifying the strategies it the district will	1769
use and the resources it will allocate to address the problem.	1770
Copies of the plan shall be made available to the public.	1771

No three-year continuous improvement plan shall be developed	1772
or adopted pursuant to this division unless at least one public	1773
hearing is held within the territory of the affected school	1774
district or building concerning the final draft of the plan.	1775
Notice of the hearing shall be given two weeks prior to the	1776
hearing by publication in one newspaper of general circulation	1777
within the territory of the affected school district.	1778

(C) When a school district has been notified by the	1779
department pursuant to division (A) of section 3302.03 of the	1780
Revised Code that the district or a building within the district	1781
is under an academic watch or in a state of academic emergency,	1782
the district shall be subject to any rules establishing	1783
intervention in academic watch or emergency school districts that	1784
have been recommended to the general assembly by the department of	1785
education and approved by joint resolution of the general	1786
assembly. The department shall recommend such rules by July 1,	1787
1998.	1788

(D)(1) Within one hundred twenty days after any school	1789
district or building within the district is declared to be in a	1790
state of academic emergency under section 3302.03 of the Revised	1791
Code, the department shall initiate a site evaluation of the	1792
building or school district.	1793

(2) If any school district that is declared to be in a state	1794
of academic emergency or in a state of academic watch under	1795
section 3302.03 of the Revised Code or encompasses a building that	1796
is declared to be in a state of academic emergency or in a state	1797
of academic watch fails to demonstrate to the department	1798
satisfactory improvement of the district or applicable buildings	1799
or fails to submit to the department any information required	1800
under rules established by the state board of education, prior to	1801
approving a three-year continuous improvement plan for the school	1802
district under rules established by the state board of education,	1803
the department shall conduct a site evaluation of the school	1804
district or applicable buildings to determine whether the school	1805
district is in compliance with minimum standards established by	1806
law or rule.	1807

(3) Site evaluations conducted under divisions (D)(1) and	1808
(2) of this section shall include, but not be limited to, the	1809
following:	1810

(a) Determining whether teachers are assigned to subject	1811
areas for which they are licensed or certified;	1812

(b) Determining pupil-teacher ratios;

1813

(c) Examination of compliance with minimum instruction time	1814
requirements for each school day and for each school year;	1815

(d) Determining whether the school district has materials	1816
and equipment necessary to implement the curriculum approved by	1817
the school district board are available.	1818

(E)(1) If, after two years under a continuous improvement	1819
plan developed pursuant to division (B) of this section, any	1820
school district that is declared to be in a state of academic	1821
emergency under section 3302.03 of the Revised Code has any	1822
building within the district that is declared to be in a state of	1823
academic emergency under section 3302.03 of the Revised Code and	1824
that fails to attain the percentage of performance indicators	1825
required under division (A)(2) of this section to make progress	1826
toward becoming an excellent building, the district shall	1827
implement at least one of the following options with respect to	1828
that building:	1829

(a) Replace the building principal;

1830

(b) Reconstitute the building, including replacing teachers	1831
or administrators, instituting a new schoolwide curriculum or	1832
educational model, or altering the structure of the school day or	1833
year;	1834

(c) Contract with departments of education at public and	1835
private colleges in Ohio, educational service centers, or the	1836
state department of education to operate the builiding, including	1837
the provision of personnel, supplies, and equipment;	1838

(d) Grant priority over all other applicants to students from	1839
the building who apply to attend another building within the	1840
district under the intradistrict open enrollment policy adopted by	1841
the district pursuant to section 3313.97 of the Revised Code;	1842

(e) Close the building and reassign its students to other	1843
buildings within the district;	1844

(f) Upon the approval of the state board of education, take	1845
any other comparable action designed to improve the overall	1846
performance of the building.	1847

Any action taken under division (E)(1)(f) of this section may	1848
include the establishment of a state intervention team to evaluate	1849
all aspects of the building, including management, curriculum,	1850
instructional methods, resource allocation, and scheduling. Any	1851
such intervention team shall be appointed by the department and	1852
shall include teachers and administrators recognized as	1853
outstanding in their fields. The intervention team shall make	1854
recommendations to the district regarding methods for improving	1855
the performance of the building. The department shall not approve	1856
a district's request for an intervention team if the department	1857
cannot adequately fund the work of the team, unless the district	1858
agrees to pay for the expenses of the team.	1859

(2) If any building subject to this division fails to attain	1860
the percentage of performance indicators required under division	1861
(A)(2) of this section to make progress toward becoming an	1862
excellent building within two years following any action taken by	1863
the district under this division, the district shall select	1864
another option described by this division and implement such	1865
option with respect to the building.	1866

Sec. 3302.05.  By March 1, 1998, the The department of	1867
education shall recommend rules to the general assembly freeing	1868
school districts declared to be effective excellent under division	1869
(B)(1) or in need of continuous improvement effective under	1870
division (B)(2) of section 3302.03 of the Revised Code from	1871
specified state mandates. Any mandates included in the	1872
recommended rules shall be only those statutes or rules pertaining	1873
to state education requirements. The rules shall take effect upon	1874
their approval through passage of a joint resolution by the	1875
general assembly.	1876

Sec. 3313.532.  (A) Any person twenty-two or more years of	1877
age and enrolled in an adult high school continuation program	1878
established pursuant to section 3313.531 of the Revised Code may	1879
request the board of education operating the program to conduct an	1880
evaluation in accordance with division (C) of this section.	1881

(B) Any applicant to a board of education for a diploma of	1882
adult education under division (B) of section 3313.611 of the	1883
Revised Code may request the board to conduct an evaluation in	1884
accordance with division (C) of this section.	1885

(C) Upon the request of any person pursuant to division (A)	1886
or (B) of this section, the board of education to which the	1887
request is made shall evaluate the person to determine whether the	1888
person is handicapped, in accordance with rules adopted by the	1889
state board of education. If the evaluation indicates that the	1890
person is handicapped, the board shall determine whether to excuse	1891
the person from taking any of the tests required by division (B)	1892
of section 3301.0710 of the Revised Code as a requirement for	1893
receiving a diploma under section 3313.611 of the Revised Code.	1894
The determination of whether to excuse the person from any such	1895
test shall be made in the same manner as it would be for students	1896
enrolled in the district who are receiving special education under	1897
Chapter 3323. of the Revised Code.	1898

Sec. 3313.60.  Notwithstanding division (D) of section	1899
3311.52 of the Revised Code, divisions (A) to (E) of this section	1900
do not apply to any cooperative education school district	1901
established pursuant to divisions (A) to (C) of section 3311.52 of	1902
the Revised Code.	1903

In adopting minimum standards under section 3301.07 of the	1904
Revised Code, the state board of education shall not require	1905
chartered schools to utilize any model curriculum adopted pursuant	1906
to section 3301.0716 of the Revised Code.	1907

(A) The board of education of each city and exempted village	1908
school district, the governing board of each educational service	1909
center, and the board of each cooperative education school	1910
district established pursuant to section 3311.521 of the Revised	1911
Code shall prescribe a curriculum for all schools under their	1912
control. Except as provided in division (E) of this section, in	1913
any such curriculum there shall be included the study of the	1914
following subjects:	1915

(1) The language arts, including reading, writing, spelling,	1916
oral and written English, and literature;	1917

(2) Geography, the history of the United States and of Ohio,	1918
and national, state, and local government in the United States,	1919
including a balanced presentation of the relevant contributions to	1920
society of men and women of African, Mexican, Puerto Rican, and	1921
American Indian descent as well as other ethnic and racial groups	1922
in Ohio and the United States;	1923

(3) Mathematics;

1924

(4) Natural science, including instruction in the	1925
conservation of natural resources;	1926

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

1927

(a) The nutritive value of foods, including natural and	1928
organically produced foods, the relation of nutrition to health,	1929
the use and effects of food additives;	1930

(b) The harmful effects of and legal restrictions against	1931
the use of drugs of abuse, alcoholic beverages, and tobacco;	1932

(c) Venereal disease education, except that upon written	1933
request of his the student's parent or guardian, a student shall	1934
be excused from taking instruction in venereal disease education;	1935

(d) In grades kindergarten through six, instruction in	1936
personal safety and assault prevention, except that upon written	1937
request of his the student's parent or guardian, a student shall	1938
be excused from taking instruction in personal safety and assault	1939
prevention.	1940

(6) Physical education;

1941

(7) The fine arts, including music;

1942

(8) First aid, including a training program in	1943
cardiopulmonary resuscitation, safety, and fire prevention, except	1944
that upon written request of his the student's parent or guardian,	1945
a student shall be excused from taking instruction in	1946
cardiopulmonary resuscitation.	1947

(B) Except as provided in division (E) of this section,	1948
every school or school district shall include in the requirements	1949
for promotion from the eighth grade to the ninth grade one year's	1950
course of study of American history.	1951

(C) Except as provided in division (E) of this section,	1952
every high school shall include in the requirements for graduation	1953
from any curriculum one unit of American history and government,	1954
including a study of the constitutions of the United States and of	1955
Ohio.	1956

(D) Except as provided in division (E) of this section,	1957
basic instruction in geography, United States history, the	1958
government of the United States, the government of the state of	1959
Ohio, local government in Ohio, the Declaration of Independence,	1960
the United States Constitution, and the Constitution of the state	1961
of Ohio shall be required before pupils may participate in courses	1962
involving the study of social problems, economics, foreign	1963
affairs, United Nations, world government, socialism and	1964
communism.	1965

(E) For each cooperative education school district	1966
established pursuant to section 3311.521 of the Revised Code and	1967
each city, exempted village, and local school district that has	1968
territory within such a cooperative district, the curriculum	1969
adopted pursuant to divisions (A) to (D) of this section shall	1970
only include the study of the subjects that apply to the grades	1971
operated by each such school district. The curriculums for such	1972
schools, when combined, shall provide to each student of these	1973
districts all of the subjects required under divisions (A) to (D)	1974
of this section.	1975

(F) The board of education of any cooperative education	1976
school district established pursuant to divisions (A) to (C) of	1977
section 3311.52 of the Revised Code shall prescribe a curriculum	1978
for the subject areas and grade levels offered in any school under	1979
its control.	1980

(G) Upon the request of any parent or legal guardian of a	1981
student, the board of education of any school district shall	1982
permit the parent or guardian to promptly examine, with respect to	1983
the parent's or guardian's own child:	1984

(1) Any survey or questionnaire, prior to its	1985
administration to the child;	1986

(2) Any textbook, workbook, software, video, or other	1987
instructional materials being used by the district in connection	1988
with the instruction of the child;	1989

(3) Any completed and graded test taken or survey or	1990
questionnaire filled out by the child;	1991

(4) Copies of the statewide academic standards and each	1992
model curriculum developed pursuant to section 3301.079 of the	1993
Revised Code, which copies shall be available at all times during	1994
school hours in each district school building.	1995

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

1996

(1) "One unit" means a minimum of one hundred twenty hours	1997
of course instruction, except that for a laboratory course, "one	1998
unit" means a minimum of one hundred fifty hours of course	1999
instruction.	2000

(2) "One-half unit" means a minimum of sixty hours of course	2001
instruction, except that for physical education courses, "one-half	2002
unit" means a minimum of one hundred twenty hours of course	2003
instruction.	2004

(B) Beginning September 15, 2001, except as required in	2005
division (C) of section 3313.614 of the Revised Code, the	2006
requirements for graduation from every high school shall include	2007
twenty-one units earned in grades nine through twelve and shall be	2008
distributed as follows:	2009

(1) English language arts, four units;

2010

(2) Health, one-half unit;

2011

(3) Mathematics, three units;

2012

(4) Physical education, one-half unit;

2013

(5) Science, two units until September 15, 2003, and three	2014
units thereafter, which at all times shall include both of the	2015
following:	2016

(a) Biological sciences, one unit;

2017

(b) Physical sciences, one unit.

2018

(6) Social studies, three units, which shall include both of	2019
the following:	2020

(a) American history, one-half unit;

2021

(b) American government, one-half unit.

2022

(7) Elective units, eight units until September 15, 2003,	2023
and seven units thereafter.	2024

Each student's electives shall include at least one unit, or	2025
two half units, chosen from among the areas of	2026
business/technology, fine arts, and/or foreign language.	2027

(C) Every high school may permit students below the ninth	2028
grade to take advanced work for credit. A high school shall count	2029
such advanced work toward the graduation requirements of division	2030
(B) of this section if the advanced work was both:	2031

(1) Taught by a person who possesses a license or	2032
certificate issued under section 3301.071, 3319.22, or 3319.222 of	2033
the Revised Code that is valid for teaching high school;	2034

(2) Designated by the board of education of the city, local,	2035
or exempted village school district, the board of the cooperative	2036
education school district, or the governing authority of the	2037
chartered nonpublic school as meeting the high school curriculum	2038
requirements.	2039

(D) Units earned in English language arts, mathematics,	2040
science, and social studies that are delivered through integrated	2041
academic and technical instruction are eligible to meet the	2042
graduation requirements of division (B) of this section.	2043

Sec. 3313.608.  (A) This section does not apply to students	2044
who enter the fourth grade after July 1, 2003.	2045

(A) For each school year prior to July 1, 2004, for the test	2046
to measure skill in reading prescribed by former division (A)(1)	2047
of section 3301.0710 of the Revised Code, the state board of	2048
education shall establish at least four ranges of scores to	2049
measure the following levels of skill:	2050

(1) An advanced level of skill;

2051

(2) A proficient level of skill;

2052

(3) A basic level of skill;

2053

(4) A below basic level of skill.

2054

(B) Beginning with students who enter fourth grade in the	2055
school year that starts July 1, 2001, no city, exempted village,	2056
or local school district shall promote to fifth grade any student	2057
who fails to attain the score designated under division (A)(1) of	2058
section 3301.0710 of the Revised Code on the test prescribed	2059
under that division to measure skill in reading, unless either of	2060
the following applies:	2061

(1) The pupil was excused from taking the test under	2062
division (C)(1) of section 3301.0711 of the Revised Code;	2063

(2) The pupil's principal and reading teacher agree that	2064
the pupil is academically prepared, as determined pursuant to the	2065
district policy adopted under section 3313.609 of the Revised	2066
Code, to be promoted to fifth grade.	2067

(B) for any student who attains a score in the range	2068
designated under division (A)(4) of this section on such reading	2069
test, each school district shall do one of the following:	2070

(1) Promote the student to fifth grade if the student's	2071
principal and reading teacher agree that other evaluations of the	2072
student's skill in reading demonstrate that the student is	2073
academically prepared, as determined pursuant to the district	2074
policy adopted under section 3313.609 of the Revised Code, to be	2075
promoted to fifth grade;	2076

(2) Promote the student to fifth grade but provide the	2077
student with intensive intervention services in fifth grade;	2078

(3) Retain the student in fourth grade.

2079

This section does not apply to any student excused from	2080
taking such test under division (C)(1) of section 3301.0711 of the	2081
Revised Code.	2082

(C)(1) To assist students in meeting this fourth grade	2083
guarantee established by this section, each city, exempted	2084
village, and local school district shall adopt policies and	2085
procedures with which it shall, beginning in the school year that	2086
starts July 1, 1998, annually assess the reading skills of each	2087
student at the end of first, second, and third grade and identify	2088
students who are reading below their grade level. The policy and	2089
procedures shall require the students' classroom teachers to be	2090
involved in the assessment and the identification of students	2091
reading below grade level. The district shall notify the parent	2092
or guardian of each student whose reading skills are below grade	2093
level and, in accordance with division (C)(D) of this section,	2094
provide intervention services to each student reading below grade	2095
level. Such intervention services shall include instruction in	2096
intensive, systematic phonetics pursuant to rules adopted by the	2097
state board of education.	2098

(2) For each student identified as reading below grade level	2099
at the end of third grade, the district shall offer intense	2100
remediation services during the summer following third grade.	2101

(3) For each student entering fourth grade after July 1,	2102
2001, who does not attain by the end of the fourth grade the at	2103
least a score designated under division (A)(1) of section	2104
3301.0710 of the Revised Code on the test prescribed under that	2105
division to measure skill in reading in the range designated under	2106
division (A)(2) of this section, the district also shall offer	2107
intense remediation services, and another opportunity to take that	2108
test, during the summer following fourth grade.	2109

(C)(D) For each student required to be offered remediation	2110
intervention services under this section, the district shall	2111
involve the student's parent or guardian and classroom teacher in	2112
developing the intervention strategy, and shall offer to the	2113
parent or guardian the opportunity to be involved in the	2114
intervention services.	2115

(D) Beginning in the summer of 1999, in (E) In addition to	2116
the remediation requirements of divisions (B) and division (C) of	2117
this section, every city, exempted village, or local school	2118
district shall offer summer remediation to any student who has	2119
failed to attain the designated scores indicating proficiency on	2120
three or more of the five tests described by former division	2121
(A)(1) or (2) of section 3301.0710 of the Revised Code.	2122

(E)(F) Any summer remediation services funded in whole or in	2123
part by the state and offered by school districts to students	2124
under this section shall meet the following conditions:	2125

(1) The remediation methods are based on reliable	2126
educational research.	2127

(2) The school districts conduct testing before and after	2128
students participate in the program to facilitate monitoring	2129
results of the remediation services.	2130

(3) The parents of participating students are involved in	2131
programming decisions.	2132

(4) The services are conducted in a school building or	2133
community center and not on an at-home basis.	2134

(G) This section does not create a new cause of action or a	2135
substantive legal right for any person.	2136

Sec. 3313.6011.  (A) As used in this section, "sexual	2137
activity" has the same meaning as in section 2907.01 of the	2138
Revised Code.	2139

(B) Instruction in venereal disease education pursuant to	2140
division(A)(5)(c) of section 3313.60 of the Revised Code shall	2141
emphasize that abstinence from sexual activity is the only	2142
protection that is one hundred per cent effective against unwanted	2143
pregnancy, sexually transmitted disease, and the sexual	2144
transmission of a virus that causes acquired immunodeficiency	2145
syndrome.	2146

(C) In adopting minimum standards under section 3301.07 of	2147
the Revised Code, the state board of education shall require	2148
course material and instruction in venereal disease education	2149
courses taught pursuant to division (A)(5)(c) of section 3313.60	2150
of the Revised Code to do all of the following:	2151

(1) Stress that students should abstain from sexual activity	2152
until after marriage;	2153

(2) Teach the potential physical, psychological, emotional,	2154
and social side effects of participating in sexual activity	2155
outside of marriage;	2156

(3) Teach that conceiving children out of wedlock is likely	2157
to have harmful consequences for the child, the child's parents,	2158
and society;	2159

(4) Stress that sexually transmitted diseases are serious	2160
possible hazards of sexual activity;	2161

(5) Advise students of the laws pertaining to financial	2162
responsibility of parents to children born in and out of wedlock;	2163

(6) Advise students of the circumstances under which it is	2164
criminal to have sexual contact with a person under the age of	2165
sixteen pursuant to section 2907.04 of the Revised Code.	2166

(D) Any model competency-based education program for health	2167
education the state board of education adopts under section	2168
3301.0716 of the Revised Code shall conform to the requirements of	2169
this section.	2170

(E) On and after the effective date of this section March	2171
18, 1999, and notwithstanding section 3302.07 of the Revised Code,	2172
the superintendent of public instruction shall not approve,	2173
pursuant to section 3302.07 of the Revised Code, any waiver of any	2174
requirement of this section or of any rule adopted by the state	2175
board of education pursuant to this section.	2176

Sec. 3313.6012. (A) The board of education of each city,	2177
exempted village, and local school district shall adopt a policy	2178
governing the conduct of academic prevention/intervention services	2179
for all grades and all schools throughout the district. The board	2180
shall update the policy annually. The policy shall include, but	2181
not be limited to, all of the following:	2182

(1) Procedures for using diagnostic assessments to measure	2183
student progress toward the attainment of academic standards and	2184
to identify students who may not attain the academic standards;	2185

(2) A plan for the design of classroom-based intervention	2186
services to meet the instructional needs of individual students as	2187
determined by the results of diagnostic assessments;	2188

(3) Procedures for the regular collection of student	2189
performance data;	2190

(4) Procedures for using student performance data to evaluate	2191
the effectiveness of intervention services and, if necessary, to	2192
modify such services.	2193

The policy shall include any prevention/intervention services	2194
required under sections 3301.0711, 3301.0715, and 3313.608 of the	2195
Revised Code.	2196

(B) In accordance with the policy adopted under division (A)	2197
of this section, each school district shall provide	2198
prevention/intervention services in pertinent subject areas to	2199
students who score below the proficient level on a reading,	2200
writing, mathematics, social studies, or science proficiency test	2201
administered in the fourth, sixth, or ninth grade or below the	2202
basic level on any achievement test or who do not demonstrate	2203
academic performance at their grade level based on the results of	2204
a diagnostic assessment.	2205

Sec. 3313.61.  (A) A diploma shall be granted by the board	2206
of education of any city, exempted village, or local school	2207
district that operates a high school to any person to whom all of	2208
the following apply:	2209

(1) The person has successfully completed the curriculum in	2210
any high school or the individualized education program developed	2211
for the person by any high school pursuant to section 3323.08 of	2212
the Revised Code;	2213

(2) The Subject to section 3313.614 of the Revised Code, the	2214
person has either:	2215

(a) Has attained at least the applicable scores designated	2216
under division (B) of section 3301.0710 of the Revised Code on all	2217
the tests required by that division unless the person was excused	2218
from taking any such test pursuant to division (C)(1) of section	2219
3301.0711 or section 3313.532 of the Revised Code or unless	2220
division (H) or (L) of this section applies to the person;	2221

(b) Has satisfied the alternative conditions prescribed in	2222
section 3313.615 of the Revised Code.	2223

(3) The person is not eligible to receive an honors diploma	2224
granted pursuant to division (B) of this section.	2225

Except as provided in divisions (C), (E), and (J), and (L) of	2226
this section, no diploma shall be granted under this division to	2227
anyone except as provided under this division.	2228

(B) In lieu of a diploma granted under division (A) of this	2229
section, an honors diploma shall be granted, in accordance with	2230
rules of the state board of education, by any such district board	2231
to anyone who successfully completes the curriculum in any high	2232
school or the individualized education program developed for the	2233
person by any high school pursuant to section 3323.08 of the	2234
Revised Code, who has attained subject to section 3313.614 of the	2235
Revised Code at least the applicable scores designated under	2236
division (B) of section 3301.0710 of the Revised Code on all the	2237
tests required by that division, or has satisfied the alternative	2238
conditions prescribed in section 3313.615 of the Revised Code, and	2239
who has met additional criteria established by the state board for	2240
the granting of such a diploma. Except as provided in divisions	2241
(C), (E), and (J) of this section, no honors diploma shall be	2242
granted to anyone failing to comply with this division and no more	2243
than one honors diploma shall be granted to any student under this	2244
division.	2245

The state board shall adopt rules prescribing the granting of	2246
honors diplomas under this division. These rules may prescribe	2247
the granting of honors diplomas that recognize a student's	2248
achievement as a whole or that recognize a student's achievement	2249
in one or more specific subjects or both. In any case, the rules	2250
shall designate two or more criteria for the granting of each type	2251
of honors diploma the board establishes under this division and	2252
the number of such criteria that must be met for the granting of	2253
that type of diploma. The number of such criteria for any type of	2254
honors diploma shall be at least one less than the total number of	2255
criteria designated for that type and no one or more particular	2256
criteria shall be required of all persons who are to be granted	2257
that type of diploma.	2258

(C) Any such district board administering any of the tests	2259
required by section 3301.0710 or 3301.0712 of the Revised Code to	2260
any person requesting to take such test pursuant to division	2261
(B)(5)(6)(b) of section 3301.0711 of the Revised Code shall award	2262
a diploma to such person if the person attains at least the	2263
applicable scores designated under division (B) of section	2264
3301.0710 of the Revised Code on all the tests administered and if	2265
the person has previously attained the applicable scores on all	2266
the other tests required by division (B) of that section or has	2267
been exempted or excused from any such test pursuant to division	2268
(H) or (L) of this section or division (C)(1) of section 3301.0711	2269
or section 3313.532 of the Revised Code.	2270

(D) Each diploma awarded under this section shall be signed	2271
by the president and treasurer of the issuing board, the	2272
superintendent of schools, and the principal of the high school.	2273
Each diploma shall bear the date of its issue, be in such form as	2274
the district board prescribes, and be paid for out of the	2275
district's general fund.	2276

(E) A person who is a resident of Ohio and is eligible under	2277
state board of education minimum standards to receive a high	2278
school diploma based in whole or in part on credits earned while	2279
an inmate of a correctional institution operated by the state or	2280
any political subdivision thereof, shall be granted such diploma	2281
by the correctional institution operating the programs in which	2282
such credits were earned, and by the board of education of the	2283
school district in which the inmate resided immediately prior to	2284
the inmate's placement in the institution. The diploma granted by	2285
the correctional institution shall be signed by the director of	2286
the institution, and by the person serving as principal of the	2287
institution's high school and shall bear the date of issue.	2288

(F) Persons who are not residents of Ohio but who are	2289
inmates of correctional institutions operated by the state or any	2290
political subdivision thereof, and who are eligible under state	2291
board of education minimum standards to receive a high school	2292
diploma based in whole or in part on credits earned while an	2293
inmate of the correctional institution, shall be granted a diploma	2294
by the correctional institution offering the program in which the	2295
credits were earned. The diploma granted by the correctional	2296
institution shall be signed by the director of the institution and	2297
by the person serving as principal of the institution's high	2298
school and shall bear the date of issue.	2299

(G) The state board of education shall provide by rule for	2300
the administration of the tests required by section 3301.0710 of	2301
the Revised Code to inmates of correctional institutions.	2302

(H) Any person to whom all of the following apply shall be	2303
exempted from attaining the applicable score on the test in social	2304
studies designated under division (B) of section 3301.0710 of the	2305
Revised Code or the test in citizenship designated under former	2306
division (B) of section 3301.0710 of the Revised Code as it	2307
existed prior to the effective date of this amendment:	2308

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

2309

(2) The person is not a permanent resident of the United	2310
States;	2311

(3) The person indicates no intention to reside in the	2312
United States after the completion of high school.	2313

(I) Notwithstanding division (D) of section 3311.19 and	2314
division (D) of section 3311.52 of the Revised Code, this section	2315
and section 3311.611 of the Revised Code do not apply to the board	2316
of education of any joint vocational school district or any	2317
cooperative education school district established pursuant to	2318
divisions (A) to (C) of section 3311.52 of the Revised Code.	2319

(J) Upon receipt of a notice under division (D) of section	2320
3325.08 of the Revised Code that a student has received a diploma	2321
under that section, the board of education receiving the notice	2322
may grant a high school diploma under this section to the student,	2323
except that such board shall grant the student a diploma if the	2324
student meets the graduation requirements that the student would	2325
otherwise have had to meet to receive a diploma from the district.	2326
The diploma granted under this section shall be of the same type	2327
the notice indicates the student received under section 3325.08 of	2328
the Revised Code.	2329

(K) As used in this division, "English-limited student" has	2330
the same meaning as in division (C)(3) of section 3301.0711 of the	2331
Revised Code.	2332

Notwithstanding the exemption for English-limited students	2333
provided in division (C)(3) of section 3301.0711 of the Revised	2334
Code, no English-limited student who has not attained the	2335
applicable scores designated under division (B) of section	2336
3301.0710 of the Revised Code on all five proficiency the tests	2337
required by that division shall be awarded a diploma under this	2338
section.	2339

(L) Any student described by division (A)(1) of this section	2340
may be awarded a diploma without attaining the applicable scores	2341
designated on the tests prescribed under division (B) of section	2342
3301.0710 of the Revised Code provided an individualized education	2343
program specifically exempts the student from attaining such	2344
scores. This division does not negate the requirement for such a	2345
student to take all such tests or alternate assessments required	2346
by division (C)(1) of section 3301.0711 of the Revised Code for	2347
the purpose of assessing student progress as required by federal	2348
law.	2349

Sec. 3313.611.  (A) The state board of education shall	2350
adopt, by rule, standards for awarding high school credit	2351
equivalent to credit for completion of high school academic and	2352
vocational education courses to applicants for diplomas under this	2353
section. The standards may permit high school credit to be	2354
granted to an applicant for any of the following:	2355

(1) Work experiences or experiences as a volunteer;

2356

(2) Completion of academic, vocational, or self-improvement	2357
courses offered to persons over the age of twenty-one by a	2358
chartered public or nonpublic school;	2359

(3) Completion of academic, vocational, or self-improvement	2360
courses offered by an organization, individual, or educational	2361
institution other than a chartered public or nonpublic school;	2362

(4) Other life experiences considered by the board to	2363
provide knowledge and learning experiences comparable to that	2364
gained in a classroom setting.	2365

(B) The board of education of any city, exempted village, or	2366
local school district that operates a high school shall grant a	2367
diploma of adult education to any applicant if all of the	2368
following apply:	2369

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

2370

(2) The applicant is over the age of twenty-one and has not	2371
been issued a diploma as provided in section 3313.61 of the	2372
Revised Code;	2373

(3) The Subject to section 3313.614 of the Revised Code, the	2374
applicant has either:	2375

(a) Has attained the applicable scores designated under	2376
division (B) of section 3301.0710 of the Revised Code on all of	2377
the tests required by that division or was excused or exempted	2378
from any such test pursuant to division (C)(1) of section	2379
3301.0711, section 3313.532, or division (H) or (L) of section	2380
3313.61 of the Revised Code;	2381

(b) Has satisfied the alternative conditions prescribed in	2382
section 3313.615 of the Revised Code.	2383

(4) The district board determines, in accordance with the	2384
standards adopted under division (A) of this section, that the	2385
applicant has attained sufficient high school credits, including	2386
equivalent credits awarded under such standards, to qualify as	2387
having successfully completed the curriculum required by the	2388
district for graduation.	2389

(C) If a district board determines that an applicant is not	2390
eligible for a diploma under division (B) of this section, it	2391
shall inform the applicant of the reason the applicant is	2392
ineligible and shall provide a list of any courses required for	2393
the diploma for which the applicant has not received credit. An	2394
applicant may reapply for a diploma under this section at any	2395
time.	2396

(D) If a district board awards an adult education diploma	2397
under this section, the president and treasurer of the board and	2398
the superintendent of schools shall sign it. Each diploma shall	2399
bear the date of its issuance, be in such form as the district	2400
board prescribes, and be paid for from the district's general	2401
fund, except that the state board may by rule prescribe standard	2402
language to be included on each diploma.	2403

(E) As used in this division, "English-limited student" has	2404
the same meaning as in division (C)(3) of section 3301.0711 of the	2405
Revised Code.	2406

Notwithstanding the exemption for English-limited students	2407
provided in division (C)(3) of section 3301.0711 of the Revised	2408
Code, no English-limited student who has not attained the	2409
applicable scores designated under division (B) of section	2410
3301.0710 of the Revised Code on all five proficiency the tests	2411
required by that division shall be awarded a diploma under this	2412
section.	2413

Sec. 3313.612.  On and after September 15, 1998, no (A) No	2414
nonpublic school chartered by the state board of education shall	2415
grant any high school diploma to any person unless the person has	2416
attained, subject to section 3313.614 of the Revised Code at least	2417
the applicable scores designated under division (B) of section	2418
3301.0710 of the Revised Code on all the tests required by that	2419
division except as follows:, or has satisfied the alternative	2420
conditions prescribed in section 3313.615 of the Revised Code.	2421

(A)(B) This prohibition section does not apply to any either	2422
of the following:	2423

(1) Any person with regard to any test from which the person	2424
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2425
the Revised Code;	2426

(B) This prohibition does not apply to any (2) Any person	2427
with regard to the citizenship social studies test or the	2428
citizenship test under former division (B) of section 3301.0710 of	2429
the Revised Code as it existed prior to the effective date of this	2430
amendment if all of the following apply:	2431

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

2432

(2)(b) The person is not a permanent resident of the United	2433
States;	2434

(3)(c) The person indicates no intention to reside in the	2435
United States after completion of high school.	2436

(C) As used in this division, "English-limited student" has	2437
the same meaning as in division (C)(3) of section 3301.0711 of the	2438
Revised Code.	2439

Notwithstanding the exemption for English-limited students	2440
provided in division (C)(3) of section 3301.0711 of the Revised	2441
Code, no English-limited student who has not attained the	2442
applicable scores designated under division (B) of section	2443
3301.0710 of the Revised Code on all five proficiency the tests	2444
required by that division shall be awarded a diploma under this	2445
section.	2446

Sec. 3313.614.  (A) As used in this section, a person	2447
"fulfills the curriculum requirement for a diploma" at the time	2448
one of the following conditions is satisfied:	2449

(1) The person successfully completes the high school	2450
curriculum of a school district, a community school, a chartered	2451
nonpublic school, or a correctional institution.	2452

(2) The person successfully completes the individualized	2453
education program developed for the person under section 3323.08	2454
of the Revised Code.	2455

(3) A board of education issues its determination under	2456
section 3313.611 of the Revised Code that the person qualifies as	2457
having successfully completed the curriculum required by the	2458
district.	2459

(B) This division specifies the testing requirements that	2460
must be fulfilled as a condition toward granting high school	2461
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	2462
of the Revised Code.	2463

(1) A person who fulfills the curriculum requirement for a	2464
diploma before September 15, 2000, is not required to pass any	2465
proficiency test or achievement test in science as a condition to	2466
receiving a diploma.	2467

(2) Except as provided in division (B)(3) of this section,	2468
a person who fulfills the curriculum requirement for a diploma	2469
prior to September 15, 2006, is not required to pass the Ohio	2470
graduation test in any subject as a condition to receiving a	2471
diploma once the person has passed the ninth grade proficiency	2472
test in the same subject, so long as the person passed the ninth	2473
grade proficiency test prior to September 15, 2008. For this	2474
purpose, the ninth grade proficiency test in citizenship	2475
substitutes for the Ohio graduation test in social studies. If a	2476
person fulfills the curriculum requirement for a diploma prior to	2477
September 15, 2006, but does not pass a ninth grade proficiency	2478
test in a particular subject before September 15, 2008, and	2479
passage of a test in that subject is a condition for the person to	2480
receive a diploma, the person must pass the Ohio graduation test	2481
in that subject to receive a diploma.	2482

(3) A person who begins tenth grade after July 1, 2004,	2483
in a school district, community school, or chartered nonpublic	2484
school is not eligible to receive a diploma based on passage of	2485
ninth grade proficiency tests. Each such person must pass Ohio	2486
graduation tests to meet the testing requirements applicable to	2487
that person as a condition to receiving a diploma.	2488

(C) Once a person fulfills the curriculum requirement for a	2489
diploma, the person is never required, as a condition of receiving	2490
a diploma, to meet any different curriculum requirements that take	2491
effect pending the person's passage of proficiency or achievement	2492
tests, including changes mandated by section 3313.603 of the	2493
Revised Code, the state board, a school district board of	2494
education, or a governing authority of a community school or	2495
chartered nonpublic school.	2496

Sec. 3313.615.  This section shall apply to diplomas awarded	2497
after September 15, 2006, to students who are required to take the	2498
five Ohio graduation tests prescribed by division (B) of section	2499
3301.0710 of the Revised Code.	2500

(A) As an alternative to the requirement that a person	2501
attain the scores designated under division (B) of section	2502
3301.0710 of the Revised Code on all the tests required under that	2503
division in order to be eligible for a high school diploma or an	2504
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the	2505
Revised Code or for a diploma of adult education under section	2506
3313.611 of the Revised Code, a person who has attained at least	2507
the applicable scores designated under division (B) of section	2508
3301.0710 of the Revised Code on all but one of the tests required	2509
by that division and from which the person was not excused or	2510
exempted, pursuant to division (H) or (L) of section 3313.61,	2511
division (B) of section 3313.612, or section 3313.532 of the	2512
Revised Code, may be awarded a diploma or honors diploma if the	2513
person has satisfied all of the following conditions:	2514

(1) On the one test required under division (B) of section	2515
3301.0710 of the Revised Code for which the person failed to	2516
attain the designated score, the person missed that score by ten	2517
points or less;	2518

(2) Has a ninety-seven per cent school attendance rate in	2519
each of the last four school years, excluding any excused	2520
absences;	2521

(3) Has not been expelled from school under section	2522
3313.66 of the Revised Code in any of the last four school years;	2523

(4) Has a grade point average of at least 2.5 out of 4.0,	2524
or its equivalent as designated in rules adopted by the state	2525
board of education in the subject area of the test required under	2526
division (B) of section 3301.0710 of the Revised Code for which	2527
the person failed to attain the designated score;	2528

(5) Has completed the high school curriculum requirements	2529
prescribed in section 3313.603 of the Revised Code in the subject	2530
area described in division (A)(4) of this section;	2531

(6) Has taken advantage of any intervention programs	2532
provided by the school district or school in the subject area	2533
described in division (A)(4) of this section and has a	2534
ninety-seven per cent attendance rate, excluding any excused	2535
absences, in any of those programs that are provided at times	2536
beyond the normal school day, school week, or school year or has	2537
received comparable intervention services from a source other than	2538
the school district or school;	2539

(7) Holds a letter recommending graduation from each of the	2540
person's high school teachers in the subject area described in	2541
division (A)(4) of this section and from the person's high school	2542
principal.	2543

(B) The state board of education shall establish rules	2544
designating grade point averages equivalent to the average	2545
specified in division (A)(4) of this section for use by school	2546
districts and schools with different grading systems.	2547

Sec. 3313.978.  (A) Annually by the first day of November,	2548
the superintendent of public instruction shall notify the pilot	2549
project school district of the number of initial scholarships that	2550
the state superintendent will be awarding in each of grades	2551
kindergarten through third.	2552

The state superintendent shall provide information about the	2553
scholarship program to all students residing in the district,	2554
shall accept applications from any such students until such date	2555
as shall be established by the state superintendent as a deadline	2556
for applications, and shall establish criteria for the selection	2557
of students to receive scholarships from among all those applying	2558
prior to the deadline, which criteria shall give preference to	2559
students from low-income families. For each student selected, the	2560
state superintendent shall also determine whether the student	2561
qualifies for seventy-five or ninety per cent of the scholarship	2562
amount. Students whose family income is at or above two hundred	2563
per cent of the maximum income level established by the state	2564
superintendent for low-income families shall qualify for	2565
seventy-five per cent of the scholarship amount and students whose	2566
family income is below two hundred per cent of that maximum income	2567
level shall qualify for ninety per cent of the scholarship amount.	2568
The state superintendent shall notify students of their selection	2569
prior to the fifteenth day of January and whether they qualify for	2570
seventy-five or ninety per cent of the scholarship amount.	2571

(1) A student receiving a pilot project scholarship may	2572
utilize it at an alternative public school by notifying the	2573
district superintendent, at any time before the beginning of the	2574
school year, of the name of the public school in an adjacent	2575
school district to which the student has been accepted pursuant to	2576
section 3327.06 of the Revised Code.	2577

(2) A student may decide to utilize a pilot project	2578
scholarship at a registered private school in the district if all	2579
of the following conditions are met:	2580

(a) By the fifteenth day of February of the preceding school	2581
year, or at any time prior to the start of the school year, the	2582
parent makes an application on behalf of the student to a	2583
registered private school.	2584

(b) The registered private school notifies the parent and	2585
the state superintendent as follows that the student has been	2586
admitted:	2587

(i) By the fifteenth day of March of the preceding school	2588
year if the student filed an application by the fifteenth day of	2589
February and was admitted by the school pursuant to division (A)	2590
of section 3313.977 of the Revised Code;	2591

(ii) Within one week of the decision to admit the student if	2592
the student is admitted pursuant to division (C) of section	2593
3313.977 of the Revised Code.	2594

(c) The student actually enrolls in the registered private	2595
school to which the student was first admitted or in another	2596
registered private school in the district or in a public school in	2597
an adjacent school district.	2598

(B) The state superintendent shall also award in any school	2599
year tutorial assistance grants to a number of students equal to	2600
the number of students who receive scholarships under division (A)	2601
of this section. Tutorial assistance grants shall be awarded	2602
solely to students who are enrolled in the public schools of the	2603
district in a grade level covered by the pilot project. Tutorial	2604
assistance grants may be used solely to obtain tutorial assistance	2605
from a provider approved pursuant to division (D) of section	2606
3313.976 of the Revised Code.	2607

All students wishing to obtain tutorial assistance grants	2608
shall make application to the state superintendent by the first	2609
day of the school year in which the assistance will be used. The	2610
state superintendent shall award assistance grants in accordance	2611
with criteria the superintendent shall establish. For each	2612
student awarded a grant, the state superintendent shall also	2613
determine whether the student qualifies for seventy-five or ninety	2614
per cent of the grant amount and so notify the student. Students	2615
whose family income is at or above two hundred per cent of the	2616
maximum income level established by the state superintendent for	2617
low-income families shall qualify for seventy-five per cent of the	2618
grant amount and students whose family income is below two hundred	2619
per cent of that maximum income level shall qualify for ninety per	2620
cent of the grant amount.	2621

(C)(1) In the case of basic scholarships, the scholarship	2622
amount shall not exceed the lesser of the tuition charges of the	2623
alternative school the scholarship recipient attends or an amount	2624
established by the state superintendent not in excess of	2625
twenty-five hundred dollars.	2626

(2) The state superintendent shall provide for an increase	2627
in the basic scholarship amount in the case of any student who is	2628
a mainstreamed handicapped student and shall further increase such	2629
amount in the case of any separately educated handicapped child.	2630
Such increases shall take into account the instruction, related	2631
services, and transportation costs of educating such students.	2632

(3) In the case of tutorial assistance grants, the grant	2633
amount shall not exceed the lesser of the provider's actual	2634
charges for such assistance or a percentage established by the	2635
state superintendent, not to exceed twenty per cent, of the amount	2636
of the pilot project school district's average basic scholarship	2637
amount.	2638

(4) No scholarship or tutorial assistance grant shall be	2639
awarded unless the state superintendent determines that	2640
twenty-five or ten per cent, as applicable, of the amount	2641
specified for such scholarship or grant pursuant to division	2642
(C)(1), (2), or (3) of this section will be furnished by a	2643
political subdivision, a private nonprofit or for profit entity,	2644
or another person. Only seventy-five or ninety per cent of such	2645
amounts, as applicable, shall be paid from state funds pursuant to	2646
section 3313.979 of the Revised Code.	2647

(D)(1) Annually by the first day of November, the state	2648
superintendent shall estimate the maximum per-pupil scholarship	2649
amounts for the ensuing school year. The state superintendent	2650
shall make this estimate available to the general public at the	2651
offices of the district board of education together with the forms	2652
required by division (D)(2) of this section.	2653

(2) Annually by the fifteenth day of January, the chief	2654
administrator of each registered private school located in the	2655
pilot project district and the principal of each public school in	2656
such district shall complete a parental information form and	2657
forward it to the president of the board of education. The	2658
parental information form shall be prescribed by the department of	2659
education and shall provide information about the grade levels	2660
offered, the numbers of students, tuition amounts, proficiency	2661
examination achievement test results, and any sectarian or other	2662
organizational affiliations.	2663

Sec. 3314.03.  (A) Each contract entered into under section	2664
3314.02 of the Revised Code between a sponsor and the governing	2665
authority of a community school shall specify the following:	2666

(1) That the school shall be established as a nonprofit	2667
corporation established under Chapter 1702. of the Revised Code;	2668

(2) The education program of the school, including the	2669
school's mission, the characteristics of the students the school	2670
is expected to attract, the ages and grades of students, and the	2671
focus of the curriculum;	2672

(3) The academic goals to be achieved and the method of	2673
measurement that will be used to determine progress toward those	2674
goals, which shall include the statewide proficiency achievement	2675
tests;	2676

(4) Performance standards by which the success of the school	2677
will be evaluated by the sponsor;	2678

(5) The admission standards of section 3314.06 of the	2679
Revised Code;	2680

(6) Dismissal procedures;

2681

(7) The ways by which the school will achieve racial and	2682
ethnic balance reflective of the community it serves;	2683

(8) Requirements and procedures for financial audits by the	2684
auditor of state. The contract shall require financial records of	2685
the school to be maintained in the same manner as are financial	2686
records of school districts, pursuant to rules of the auditor of	2687
state, and the audits shall be conducted in accordance with	2688
section 117.10 of the Revised Code.	2689

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

2690

(10) Qualifications of teachers, including a requirement	2691
that the school's classroom teachers be licensed in accordance	2692
with sections 3319.22 to 3319.31 of the Revised Code, except that	2693
a community school may engage noncertificated persons to teach up	2694
to twelve hours per week pursuant to section 3319.301 of the	2695
Revised Code;	2696

(11) That the school will comply with the following	2697
requirements:	2698

(a) The school will provide learning opportunities to a	2699
minimum of twenty-five students for a minimum of nine hundred	2700
twenty hours per school year;	2701

(b) The governing authority will purchase liability	2702
insurance, or otherwise provide for the potential liability of the	2703
school;	2704

(c) The school will be nonsectarian in its programs,	2705
admission policies, employment practices, and all other	2706
operations, and will not be operated by a sectarian school or	2707
religious institution;	2708

(d) The school will comply with divisions (A), (B), and (C)	2709
of section 3301.0715 and sections 9.90, 9.91, 109.65, 121.22,	2710
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	2711
3301.0712, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,	2712
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	2713
3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17,	2714
and 4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123.,	2715
4141., and 4167. of the Revised Code as if it were a school	2716
district;	2717

(e) The school shall comply with Chapter 102. of the Revised	2718
Code except that nothing in that chapter shall prohibit a member	2719
of the school's governing board from also being an employee of the	2720
school and nothing in that chapter or section 2921.42 of the	2721
Revised Code shall prohibit a member of the school's governing	2722
board from having an interest in a contract into which the	2723
governing board enters;	2724

(f) The school will comply with sections 3313.61 and,	2725
3313.611, and 3313.614 of the Revised Code, except that the	2726
requirement in those sections 3313.61 and 3313.611 of the Revised	2727
Code that a person must successfully complete the curriculum in	2728
any high school prior to receiving a high school diploma may be	2729
met by completing the curriculum adopted by the governing	2730
authority of the community school rather than the curriculum	2731
specified in Title XXXIII of the Revised Code or any rules of the	2732
state board of education;	2733

(g) The school governing authority will submit an annual	2734
report of its activities and progress in meeting the goals and	2735
standards of divisions (A)(3) and (4) of this section and its	2736
financial status to the sponsor, the parents of all students	2737
enrolled in the school, and the legislative office of education	2738
oversight. The school will collect and provide any data that the	2739
legislative office of education oversight requests in furtherance	2740
of any study or research that the general assembly requires the	2741
office to conduct, including the studies required under Section	2742
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	2743
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	2744
assembly, as amended.	2745

(12) Arrangements for providing health and other benefits to	2746
employees;	2747

(13) The length of the contract, which shall begin at the	2748
beginning of an academic year and shall not exceed five years;	2749

(14) The governing authority of the school, which shall be	2750
responsible for carrying out the provisions of the contract;	2751

(15) A financial plan detailing an estimated school budget	2752
for each year of the period of the contract and specifying the	2753
total estimated per pupil expenditure amount for each such year.	2754
The plan shall specify for each year the base formula amount that	2755
will be used for purposes of funding calculations under section	2756
3314.08 of the Revised Code. This base formula amount for any	2757
year shall not exceed the formula amount defined under section	2758
3317.02 of the Revised Code. The plan may also specify for any	2759
year a percentage figure to be used for reducing the per pupil	2760
amount of disadvantaged pupil impact aid calculated pursuant to	2761
section 3317.029 of the Revised Code the school is to receive that	2762
year under section 3314.08 of the Revised Code.	2763

(16) Requirements and procedures regarding the disposition	2764
of employees of the school in the event the contract is terminated	2765
or not renewed pursuant to section 3314.07 of the Revised Code;	2766

(17) Whether the school is to be created by converting all	2767
or part of an existing public school or is to be a new start-up	2768
school, and if it is a converted public school, specification of	2769
any duties or responsibilities of an employer that the board of	2770
education that operated the school before conversion is delegating	2771
to the governing board of the community school with respect to all	2772
or any specified group of employees provided the delegation is not	2773
prohibited by a collective bargaining agreement applicable to such	2774
employees;	2775

(18) Provisions establishing procedures for resolving	2776
disputes or differences of opinion between the sponsor and the	2777
governing authority of the community school;	2778

(19) A provision requiring the governing authority to adopt	2779
a policy regarding the admission of students who reside outside	2780
the district in which the school is located. That policy shall	2781
comply with the admissions procedures specified in section 3314.06	2782
of the Revised Code and, at the sole discretion of the authority,	2783
shall do one of the following:	2784

(a) Prohibit the enrollment of students who reside outside	2785
the district in which the school is located;	2786

(b) Permit the enrollment of students who reside in	2787
districts adjacent to the district in which the school is located;	2788

(c) Permit the enrollment of students who reside in any	2789
other district in the state.	2790

(B) The community school shall also submit to the sponsor a	2791
comprehensive plan for the school. The plan shall specify the	2792
following:	2793

(1) The process by which the governing authority of the	2794
school will be selected in the future;	2795

(2) The management and administration of the school;

2796

(3) If the community school is a currently existing public	2797
school, alternative arrangements for current public school	2798
students who choose not to attend the school and teachers who	2799
choose not to teach in the school after conversion;	2800

(4) The instructional program and educational philosophy of	2801
the school;	2802

(5) Internal financial controls.

2803

(C) A contract entered into under section 3314.02 of the	2804
Revised Code between a sponsor and the governing authority of a	2805
community school may provide for the community school governing	2806
authority to make payments to the sponsor, which is hereby	2807
authorized to receive such payments as set forth in the contract	2808
between the governing authority and the sponsor.	2809

Sec. 3314.20.  This section does not apply to any school	2810
district declared to be excellent or effective pursuant to	2811
division (B)(1) or (2) of section 3302.03 of the Revised Code.	2812

(A) The department of education shall recommend rules to the	2813
general assembly requiring school districts with a total student	2814
count of over five thousand, as determined pursuant to section	2815
3317.03 of the Revised Code, to designate one school building to	2816
be operated by a site-based management council. The rules shall	2817
specify the composition of the council and the manner in which	2818
members of the council are to be selected and removed.	2819

(B) The rules adopted under division (A) of this section	2820
shall specify those powers, duties, functions, and	2821
responsibilities that shall be vested in the management council	2822
and that would otherwise be exercised by the district board of	2823
education. The rules shall also establish a mechanism for	2824
resolving any differences between the council and the district	2825
board if there is disagreement as to their respective powers,	2826
duties, functions, and responsibilities.	2827

(C) The board of education of any school district described	2828
by division (A) of this section may, in lieu of complying with the	2829
rules adopted under this section, file with the department of	2830
education an alternative structure for a district site-based	2831
management program in at least one of its school buildings. The	2832
proposal shall specify the composition of the council, which shall	2833
include an equal number of parents and teachers and the building	2834
principal, and the method of selection and removal of the council	2835
members. The proposal shall also clearly delineate the respective	2836
powers, duties, functions, and responsibilities of the district	2837
board and the council. The district's proposal shall comply	2838
substantially with the rules approved by the general assembly.	2839

(D) The rules recommended under this section shall take	2840
effect upon approval of the general assembly through the passage	2841
of a joint resolution.	2842

Sec. 3317.012.  (A) The general assembly, having analyzed	2843
school district expenditure and cost data for fiscal year 1996,	2844
performed the calculation described in division (B) of this	2845
section, and adjusted the results for inflation, hereby determines	2846
that the base cost of an adequate education per pupil for the	2847
fiscal year beginning July 1, 1998, is $4,063. For the five	2848
following fiscal years, the base cost per pupil for each of those	2849
years, reflecting an annual rate of inflation of two and	2850
eight-tenths per cent, is $4,177 for fiscal year 2000, $4,294 for	2851
fiscal year 2001, $4,414 for fiscal year 2002, $4,538 for fiscal	2852
year 2003, and $4,665 for fiscal year 2004.	2853

(B) In determining the base cost stated in division (A) of	2854
this section, capital and debt costs, costs paid for by federal	2855
funds, and costs covered by funds provided pursuant to sections	2856
3317.023 and 3317.024 of the Revised Code as they existed prior to	2857
July 1, 1998, for disadvantaged pupil impact aid and	2858
transportation were excluded, as were the effects on the	2859
districts' state funds of the application of the	2860
cost-of-doing-business factors, assuming an eighteen per cent	2861
variance.	2862

The base cost for fiscal year 1996 was calculated as the	2863
unweighted average cost per student, on a school district basis,	2864
of educating students who were not receiving vocational education	2865
or services pursuant to Chapter 3323. of the Revised Code and who	2866
were enrolled in a city, exempted village, or local school	2867
district that in fiscal year 1994 met all of the following	2868
criteria:	2869

(1) The district met at least all but one of the following	2870
performance standards indicators:	2871

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

2872

(b) At least seventy-five per cent of fourth graders	2873
proficient on the mathematics test prescribed under former	2874
division (A)(1) of section 3301.0710 of the Revised Code;	2875

(c) At least seventy-five per cent of fourth graders	2876
proficient on the reading test prescribed under former division	2877
(A)(1) of section 3301.0710 of the Revised Code;	2878

(d) At least seventy-five per cent of fourth graders	2879
proficient on the writing test prescribed under former division	2880
(A)(1) of section 3301.0710 of the Revised Code;	2881

(e) At least seventy-five per cent of fourth graders	2882
proficient on the citizenship test prescribed under former	2883
division (A)(1) of section 3301.0710 of the Revised Code;	2884

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

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

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

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

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

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

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

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

(n) At least sixty per cent of twelfth graders proficient on	2909
the mathematics test prescribed under former division (A)(3) of	2910
section 3301.0710 of the Revised Code;	2911

(o) At least sixty per cent of twelfth graders proficient on	2912
the reading test prescribed under former division (A)(3) of	2913
section 3301.0710 of the Revised Code;	2914

(p) At least sixty per cent of twelfth graders proficient on	2915
the writing test prescribed under former division (A)(3) of	2916
section 3301.0710 of the Revised Code;	2917

(q) At least sixty per cent of twelfth graders proficient on	2918
the citizenship test prescribed under former division (A)(3) of	2919
section 3301.0710 of the Revised Code;	2920

(r) An attendance rate for the year of at least ninety-three	2921
per cent as defined in section 3302.01 of the Revised Code.	2922

(2) The district was not among the ten per cent of all	2923
districts with the highest income factors, as defined in section	2924
3317.02 of the Revised Code, nor among the ten per cent of all	2925
districts with the lowest income factors.	2926

(3) The district was not among the five per cent of all	2927
districts with the highest valuation per pupil in ADM, as reported	2928
under division (A) of section 3317.03 of the Revised Code as it	2929
existed prior to July 1, 1998, nor among the five per cent of all	2930
districts with the lowest valuation per pupil.	2931

(C) In July of 2000, and in July of every six years	2932
thereafter, the speaker of the house of representatives and the	2933
president of the senate shall each appoint three members to a	2934
committee to reexamine the cost of an adequate education. No more	2935
than two members from any political party shall represent each	2936
house. The director of budget and management and the	2937
superintendent of public instruction shall serve as nonvoting ex	2938
officio members of the committee.	2939

The committee shall select a rational methodology for	2940
calculating the costs of an adequate education system for the	2941
ensuing six-year period, and shall report the methodology and the	2942
resulting costs to the general assembly. In performing its	2943
function, the committee is not bound by any method used by	2944
previous general assemblies to examine and calculate costs and	2945
instead may utilize any rational method it deems suitable and	2946
reasonable given the educational needs and requirements of the	2947
state at that time.	2948

The methodology for determining the cost of an adequate	2949
education system shall take into account the basic educational	2950
costs that all districts incur in educating regular students, the	2951
unique needs of special categories of students, and significant	2952
special conditions encountered by certain classifications of	2953
school districts.	2954

Any committee appointed pursuant to this section shall make	2955
its report to the office of budget and management and the general	2956
assembly within six months of its appointment so that the	2957
information is available for use by the office and the general	2958
assembly in preparing the next biennial appropriations act.	2959

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

2960

(1) "DPIA percentage" means the quotient obtained by	2961
dividing the five-year average number of children ages five to	2962
seventeen residing in the school district and living in a family	2963
receiving family assistance, as certified or adjusted under	2964
section 3317.10 of the Revised Code, by the district's three-year	2965
average formula ADM.	2966

(2) "Family assistance" means assistance received under the	2967
Ohio works first program or, for the purpose of determining the	2968
five-year average number of recipients of family assistance in	2969
fiscal years 1999 through 2002, assistance received under an	2970
antecedent program known as TANF or ADC.	2971

(3) "Statewide DPIA percentage" means the five-year average	2972
of the total number of children ages five to seventeen years	2973
residing in the state and receiving family assistance, divided by	2974
the sum of the three-year average formula ADMs for all school	2975
districts in the state.	2976

(4) "DPIA index" means the quotient obtained by dividing the	2977
school district's DPIA percentage by the statewide DPIA	2978
percentage.	2979

(5) "Kindergarten ADM" means the number of students reported	2980
under section 3317.03 of the Revised Code as enrolled in	2981
kindergarten.	2982

(6) "Kindergarten through third grade ADM" means the amount	2983
calculated as follows:	2984

(a) Multiply the kindergarten ADM by the sum of one plus the	2985
all-day kindergarten percentage;	2986

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

2987

(c) Subtract from the sum calculated under division	2988
(A)(6)(b) of this section the number of special education students	2989
in grades kindergarten through three.	2990

(7) "Statewide average teacher salary" means forty thousand	2991
one hundred eighty-seven dollars in fiscal year 2000, and	2992
forty-one thousand three hundred twelve dollars in fiscal year	2993
2001, which includes an amount for the value of fringe benefits.	2994

(8) "All-day kindergarten" means a kindergarten class that	2995
is in session five days per week for not less than the same number	2996
of clock hours each day as for pupils in grades one through six.	2997

(9) "All-day kindergarten percentage" means the percentage	2998
of a district's actual total number of students enrolled in	2999
kindergarten who are enrolled in all-day kindergarten.	3000

(10) "Buildings with the highest concentration of need"	3001
means the school buildings in a district with percentages of	3002
students receiving family assistance in grades kindergarten	3003
through three at least as high as the district-wide percentage of	3004
students receiving family assistance. If, however, the	3005
information provided by the department of job and family services	3006
under section 3317.10 of the Revised Code is insufficient to	3007
determine the family assistance percentage in each building,	3008
"buildings with the highest concentration of need" has the meaning	3009
given in rules that the department of education shall adopt. The	3010
rules shall base the definition of "buildings with the highest	3011
concentration of need" on family income of students in grades	3012
kindergarten through three in a manner that, to the extent	3013
possible with available data, approximates the intent of this	3014
division and division (G) of this section to designate buildings	3015
where the family assistance percentage in those grades equals or	3016
exceeds the district-wide family assistance percentage.	3017

(B) In addition to the amounts required to be paid to a	3018
school district under section 3317.022 of the Revised Code, a	3019
school district shall receive the greater of the amount the	3020
district received in fiscal year 1998 pursuant to division (B) of	3021
section 3317.023 of the Revised Code as it existed at that time or	3022
the sum of the computations made under divisions (C) to (E) of	3023
this section.	3024

(C) A supplemental payment that may be utilized for measures	3025
related to safety and security and for remediation or similar	3026
programs, calculated as follows:	3027

(1) If the DPIA index of the school district is greater than	3028
or equal to thirty-five-hundredths, but less than one, an amount	3029
obtained by multiplying the five-year average number of pupils in	3030
a district receiving family assistance by two hundred thirty	3031
dollars;	3032

(2) If the DPIA index of the school district is greater than	3033
or equal to one, an amount obtained by multiplying the DPIA index	3034
by two hundred thirty dollars and multiplying that product by the	3035
five-year average number of pupils in a district receiving family	3036
assistance.	3037

(D) A payment for all-day kindergarten if the DPIA index of	3038
the school district is greater than or equal to one or if the	3039
district's three-year average formula ADM exceeded seventeen	3040
thousand five hundred, calculated by multiplying the all-day	3041
kindergarten percentage by the kindergarten ADM and multiplying	3042
that product by the formula amount.	3043

(E) A class-size reduction payment based on calculating the	3044
number of new teachers necessary to achieve a lower	3045
student-teacher ratio, as follows:	3046

(1) Determine or calculate a formula number of teachers per	3047
one thousand students based on the DPIA index of the school	3048
district as follows:	3049

(a) If the DPIA index of the school district is less than	3050
six-tenths, the formula number of teachers is 43.478, which is the	3051
number of teachers per one thousand students at a student-teacher	3052
ratio of twenty-three to one;	3053

(b) If the DPIA index of the school district is greater than	3054
or equal to six-tenths, but less than two and one-half, the	3055
formula number of teachers is calculated as follows:	3056

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

3057

Where 43.478 is the number of teachers per one thousand	3058
students at a student-teacher ratio of twenty-three to one; 1.9 is	3059
the interval from a DPIA index of six-tenths to a DPIA index of	3060
two and one-half; and 23.188 is the difference in the number of	3061
teachers per one thousand students at a student-teacher ratio of	3062
fifteen to one and the number of teachers per one thousand	3063
students at a student-teacher ratio of twenty-three to one.	3064

(c) If the DPIA index of the school district is greater than	3065
or equal to two and one-half, the formula number of teachers is	3066
66.667, which is the number of teachers per one thousand students	3067
at a student-teacher ratio of fifteen to one.	3068

(2) Multiply the formula number of teachers determined or	3069
calculated in division (E)(1) of this section by the kindergarten	3070
through third grade ADM for the district and divide that product	3071
by one thousand;	3072

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

3073

(a) Multiply the kindergarten through third grade ADM by	3074
43.478, which is the number of teachers per one thousand students	3075
at a student-teacher ratio of twenty-three to one, and divide that	3076
product by one thousand;	3077

(b) Subtract the quotient obtained in division (E)(3)(a) of	3078
this section from the product in division (E)(2) of this section.	3079

(4) Multiply the greater of the difference obtained under	3080
division (E)(3) of this section or zero by the statewide average	3081
teachers salary.	3082

(F) This division applies only to school districts whose	3083
DPIA index is one or greater.	3084

(1) Each school district subject to this division shall	3085
first utilize funds received under this section so that, when	3086
combined with other funds of the district, sufficient funds exist	3087
to provide all-day kindergarten to at least the number of children	3088
in the district's all-day kindergarten percentage.	3089

(2) Up to an amount equal to the district's DPIA index	3090
multiplied by the five-year average number of pupils in a district	3091
receiving family assistance multiplied by two hundred thirty	3092
dollars of the money distributed under this section may be	3093
utilized for one or both of the following:	3094

(a) Programs designed to ensure that schools are free of	3095
drugs and violence and have a disciplined environment conducive to	3096
learning;	3097

(b) Remediation for students who have failed or are in	3098
danger of failing any of the proficiency tests administered	3099
pursuant to section 3301.0710 of the Revised Code.	3100

(3) Except as otherwise required by division (G) or	3101
permitted under division (K) of this section, all other funds	3102
distributed under this section to districts subject to this	3103
division shall be utilized for the purpose of the third grade	3104
guarantee. The third grade guarantee consists of increasing the	3105
amount of instructional attention received per pupil in	3106
kindergarten through third grade, either by reducing the ratio of	3107
students to instructional personnel or by increasing the amount of	3108
instruction and curriculum-related activities by extending the	3109
length of the school day or the school year.	3110

School districts may implement a reduction of the ratio of	3111
students to instructional personnel through any or all of the	3112
following methods:	3113

(a) Reducing the number of students in a classroom taught by	3114
a single teacher;	3115

(b) Employing full-time educational aides or educational	3116
paraprofessionals issued a permit or license under section	3117
3319.088 of the Revised Code;	3118

(c) Instituting a team-teaching method that will result in a	3119
lower student-teacher ratio in a classroom.	3120

Districts may extend the school day either by increasing the	3121
amount of time allocated for each class, increasing the number of	3122
classes provided per day, offering optional academic-related	3123
after-school programs, providing curriculum-related extra	3124
curricular activities, or establishing tutoring or remedial	3125
services for students who have demonstrated an educational need.	3126
In accordance with section 3319.089 of the Revised Code, a	3127
district extending the school day pursuant to this division may	3128
utilize a participant of the work experience program who has a	3129
child enrolled in a public school in that district and who is	3130
fulfilling the work requirements of that program by volunteering	3131
or working in that public school. If the work experience program	3132
participant is compensated, the school district may use the funds	3133
distributed under this section for all or part of the	3134
compensation.	3135

Districts may extend the school year either through adding	3136
regular days of instruction to the school calendar or by providing	3137
summer programs.	3138

(G) Each district subject to division (F) of this section	3139
shall not expend any funds received under division (E) of this	3140
section in any school buildings that are not buildings with the	3141
highest concentration of need, unless there is a ratio of	3142
instructional personnel to students of no more than fifteen to one	3143
in each kindergarten and first grade class in all buildings with	3144
the highest concentration of need. This division does not require	3145
that the funds used in buildings with the highest concentration of	3146
need be spent solely to reduce the ratio of instructional	3147
personnel to students in kindergarten and first grade. A school	3148
district may spend the funds in those buildings in any manner	3149
permitted by division (F)(3) of this section, but may not spend	3150
the money in other buildings unless the fifteen-to-one ratio	3151
required by this division is attained.	3152

(H)(1) By the first day of August of each fiscal year, each	3153
school district wishing to receive any funds under division (D) of	3154
this section shall submit to the department of education an	3155
estimate of its all-day kindergarten percentage. Each district	3156
shall update its estimate throughout the fiscal year in the form	3157
and manner required by the department, and the department shall	3158
adjust payments under this section to reflect the updates.	3159

(2) Annually by the end of December, the department of	3160
education, utilizing data from the information system established	3161
under section 3301.0714 of the Revised Code and after consultation	3162
with the legislative office of education oversight, shall	3163
determine for each school district subject to division (F) of this	3164
section whether in the preceding fiscal year the district's ratio	3165
of instructional personnel to students and its number of	3166
kindergarten students receiving all-day kindergarten appear	3167
reasonable, given the amounts of money the district received for	3168
that fiscal year pursuant to divisions (D) and (E) of this	3169
section. If the department is unable to verify from the data	3170
available that students are receiving reasonable amounts of	3171
instructional attention and all-day kindergarten, given the funds	3172
the district has received under this section and that class-size	3173
reduction funds are being used in school buildings with the	3174
highest concentration of need as required by division (G) of this	3175
section, the department shall conduct a more intensive	3176
investigation to ensure that funds have been expended as required	3177
by this section. The department shall file an annual report of	3178
its findings under this division with the chairpersons of the	3179
committees in each house of the general assembly dealing with	3180
finance and education.	3181

(I) Any school district with a DPIA index less than one and	3182
a three-year average formula ADM exceeding seventeen thousand five	3183
hundred shall first utilize funds received under this section so	3184
that, when combined with other funds of the district, sufficient	3185
funds exist to provide all-day kindergarten to at least the number	3186
of children in the district's all-day kindergarten percentage.	3187
Such a district shall expend at least seventy per cent of the	3188
remaining funds received under this section, and any other	3189
district with a DPIA index less than one shall expend at least	3190
seventy per cent of all funds received under this section, for any	3191
of the following purposes:	3192

(1) The purchase of technology for instructional purposes;

3193

(2) All-day kindergarten;

3194

(3) Reduction of class sizes;

3195

(4) Summer school remediation;

3196

(5) Dropout prevention programs;

3197

(6) Guaranteeing that all third graders are ready to	3198
progress to more advanced work;	3199

(7) Summer education and work programs;

3200

(8) Adolescent pregnancy programs;

3201

(9) Head start or preschool programs;

3202

(10) Reading improvement programs described by the	3203
department of education;	3204

(11) Programs designed to ensure that schools are free of	3205
drugs and violence and have a disciplined environment conducive to	3206
learning;	3207

(12) Furnishing, free of charge, materials used in courses	3208
of instruction, except for the necessary textbooks or electronic	3209
textbooks required to be furnished without charge pursuant to	3210
section 3329.06 of the Revised Code, to pupils living in families	3211
participating in Ohio works first in accordance with section	3212
3313.642 of the Revised Code;	3213

(13) School breakfasts provided pursuant to section 3313.813	3214
of the Revised Code.	3215

Each district shall submit to the department, in such format	3216
and at such time as the department shall specify, a report on the	3217
programs for which it expended funds under this division.	3218

(J) If at any time the superintendent of public instruction	3219
determines that a school district receiving funds under division	3220
(D) of this section has enrolled less than the all-day	3221
kindergarten percentage reported for that fiscal year, the	3222
superintendent shall withhold from the funds otherwise due the	3223
district under this section a proportional amount as determined by	3224
the difference in the certified all-day kindergarten percentage	3225
and the percentage actually enrolled in all-day kindergarten.	3226

The superintendent shall also withhold an appropriate amount	3227
of funds otherwise due a district for any other misuse of funds	3228
not in accordance with this section.	3229

(K)(1) A district may use a portion of the funds calculated	3230
for it under division (D) of this section to modify or purchase	3231
classroom space to provide all-day kindergarten, if both of the	3232
following conditions are met:	3233

(a) The district certifies to the department, in a manner	3234
acceptable to the department, that it has a shortage of space for	3235
providing all-day kindergarten.	3236

(b) The district provides all-day kindergarten to the number	3237
of children in the all-day kindergarten percentage it certified	3238
under this section.	3239

(2) A district may use a portion of the funds described in	3240
division (F)(3) of this section to modify or purchase classroom	3241
space to enable it to further reduce class size in grades	3242
kindergarten through two with a goal of attaining class sizes of	3243
fifteen students per licensed teacher. To do so, the district	3244
must certify its need for additional space to the department, in a	3245
manner satisfactory to the department.	3246

Sec. 3319.19.  (A) Upon request, the board of county	3247
commissioners shall provide and equip offices in the county for	3248
the use of the superintendent of an educational service center,	3249
and shall provide heat, light, water, and janitorial services for	3250
such offices. Such offices shall be the permanent headquarters of	3251
the superintendent and shall be used by the governing board of the	3252
service center when it is in session. Except as provided in	3253
division (B) of this section, such offices shall be located in the	3254
county seat or, upon the approval of the governing board, may be	3255
located outside of the county seat.	3256

(B) In the case of a service center formed under section	3257
3311.053 of the Revised Code, the governing board shall designate	3258
the site of its offices. The board of county commissioners of the	3259
county in which the designated site is located shall provide and	3260
equip the offices as under division (A) of this section, but the	3261
costs of such offices and equipment not covered by funds received	3262
under section 307.031 of the Revised Code shall be apportioned	3263
among the boards of county commissioners of all counties having	3264
any territory in the area under the control of the governing	3265
board, according to the proportion of pupils under the supervision	3266
of such board residing in the respective counties. Where there is	3267
a dispute as to the amount any board of county commissioners is	3268
required to pay, the probate judge of the county in which the	3269
greatest number of pupils under the supervision of the governing	3270
board reside shall apportion such costs among the boards of county	3271
commissioners and notify each such board of its share of the	3272
costs.	3273

(C) By the first day of March of each year, the	3274
superintendent of public instruction shall certify to the tax	3275
commissioner the ADM and the number of full-time licensed	3276
employees of each educational service center for the purposes of	3277
the distribution of funds to boards of county commissioners	3278
required under division (B) of section 307.031 of the Revised	3279
Code. As used in this section, "ADM" means the formula ADMs of	3280
all the local districts having territory in the service center, as	3281
certified in October of the previous year by the service center	3282
superintendent to the state board of education under section	3283
3317.03 of the Revised Code. As used in this division, "licensed	3284
employee" has the same meaning as in section 307.031 of the	3285
Revised Code.	3286

(D) The superintendent of a service center may annually	3287
submit a proposal approved by the board of county commissioners to	3288
the state superintendent of public instruction, in such manner and	3289
by such date as specified by the state board of education, for a	3290
grant for the board of county commissioners to do one of the	3291
following:	3292

(1) To improve or enhance the offices and equipment provided	3293
under division (A) or (B) of this section or section 3301.0712	3294
3301.0719 of the Revised Code;	3295

(2) If funds received under division (B) of section 307.031	3296
of the Revised Code are insufficient to provide for the actual	3297
cost of meeting the requirements of division (A) or (B) of this	3298
section 3319.19 and division (A)(2) of section 3301.0712 3301.0719	3299
of the Revised Code, to provide funds to meet such costs.	3300

Any service center superintendent intending to submit a	3301
proposal shall submit it to the board of county commissioners that	3302
provides and equips the office of the superintendent for approval	3303
at least twenty days before the date of submission to the	3304
superintendent of public instruction. The superintendent of	3305
public instruction shall evaluate the proposals and select those	3306
that will most benefit the local districts supervised by the	3307
governing boards under standards adopted by the state board. For	3308
each proposal selected for a grant, the superintendent of public	3309
instruction shall determine the grant amount and, with the	3310
approval of the superintendent and the board of county	3311
commissioners, may modify a grant proposal to reflect the amount	3312
of money available for the grant. The superintendent of public	3313
instruction shall notify the board of county commissioners and the	3314
tax commissioner of the selection of the proposal as submitted or	3315
modified and the amount of the grant. If, pursuant to division	3316
(C) of section 307.031 of the Revised Code, the board of county	3317
commissioners accepts the proposal and grant, it shall expend the	3318
funds as specified in the grant proposal. If the board of county	3319
commissioners rejects the proposal and grant, the superintendent	3320
of public instruction may select another proposal from among the	3321
district proposals that initially failed to be selected for a	3322
grant.	3323

The state board of education shall adopt rules to implement	3324
the requirements of this section.	3325

Sec. 3324.03.  The board of education of each school district	3326
shall identify gifted students in grades kindergarten through	3327
twelve as follows:	3328

(A) A student shall be identified as exhibiting "superior	3329
cognitive ability" if the student did either of the following	3330
within the preceding twenty-four months:	3331

(1) Scored two standard deviations above the mean, minus the	3332
standard error of measurement, on an approved individual	3333
standardized intelligence test administered by a licensed school	3334
psychologist or licensed psychologist;	3335

(2) Accomplished any one of the following:

3336

(a) Scored at least two standard deviations above the mean,	3337
minus the standard error of measurement, on an approved	3338
standardized group intelligence test;	3339

(b) Performed at or above the ninety-fifth percentile on an	3340
approved individual or group standardized basic or composite	3341
battery of a nationally normed achievement test;	3342

(c) Attained an approved score on one or more above-grade	3343
level standardized, nationally normed approved tests.	3344

(B) A student shall be identified as exhibiting "specific	3345
academic ability" superior to that of children of similar age in a	3346
specific academic ability field if within the preceding	3347
twenty-four months the student performs at or above the	3348
ninety-fifth percentile at the national level on an approved	3349
individual or group standardized achievement test of specific	3350
academic ability in that field. A student may be identified as	3351
gifted in more than one specific academic ability field.	3352

(C) A student shall be identified as exhibiting "creative	3353
thinking ability" superior to children of a similar age, if within	3354
the previous twenty-four months, the student scored one standard	3355
deviation above the mean, minus the standard error of measurement,	3356
on an approved individual or group intelligence test and also did	3357
either of the following:	3358

(1) Attained a sufficient score, as established by the	3359
department of education, on an approved individual or group test	3360
of creative ability;	3361

(2) Exhibited sufficient performance, as established by the	3362
department of education, on an approved checklist of creative	3363
behaviors.	3364

(D) A student shall be identified as exhibiting "visual or	3365
performing arts ability" superior to that of children of similar	3366
age if the student has done both of the following:	3367

(1) Demonstrated through a display of work, an audition, or	3368
other performance or exhibition, superior ability in a visual or	3369
performing arts area;	3370

(2) Exhibited sufficient performance, as established by the	3371
department of education, on an approved checklist of behaviors	3372
related to a specific arts area.	3373

Sec. 3325.08.  (A) A diploma shall be granted by the	3374
superintendent of the state school for the blind and the	3375
superintendent of the state school for the deaf to any student	3376
enrolled in one of these state schools to whom all of the	3377
following apply:	3378

(1) The student has successfully completed the	3379
individualized education program developed for the student for the	3380
student's high school education pursuant to section 3323.08 of the	3381
Revised Code;	3382

(2) The Subject to section 3313.614 of the Revised Code, the	3383
student has either:	3384

(a) Has attained at least the applicable scores designated	3385
under division (B) of section 3301.0710 of the Revised Code on all	3386
the tests prescribed by that division unless the student was	3387
excused from taking any such test pursuant to division (L)(3) of	3388
section 3301.0711 3313.61 of the Revised Code applies to the	3389
student;	3390

(b) Has satisfied the alternative conditions prescribed in	3391
section 3313.615 of the Revised Code.	3392

(3) The student is not eligible to receive an honors diploma	3393
granted pursuant to division (B) of this section.	3394

No diploma shall be granted under this division to anyone	3395
except as provided under this division.	3396

(B) In lieu of a diploma granted under division (A) of this	3397
section, the superintendent of the state school for the blind and	3398
the superintendent of the state school for the deaf shall grant an	3399
honors diploma, in the same manner that the boards of education of	3400
school districts grant such diplomas under division (B) of section	3401
3313.61 of the Revised Code, to any student enrolled in one of	3402
these state schools who successfully completes the individualized	3403
education program developed for the student for the student's high	3404
school education pursuant to section 3323.08 of the Revised Code,	3405
who has attained subject to section 3313.614 of the Revised Code	3406
at least the applicable scores designated under division (B) of	3407
section 3301.0710 of the Revised Code on all the tests prescribed	3408
under that division, and who has met additional criteria for	3409
granting such a diploma. These additional criteria shall be the	3410
same as those prescribed by the state board under division (B) of	3411
section 3313.61 of the Revised Code for the granting of such	3412
diplomas by school districts. No honors diploma shall be granted	3413
to anyone failing to comply with this division and not more than	3414
one honors diploma shall be granted to any student under this	3415
division.	3416

(C) A diploma or honors diploma awarded under this section	3417
shall be signed by the superintendent of public instruction and	3418
the superintendent of the state school for the blind or the	3419
superintendent of the state school for the deaf, as applicable.	3420
Each diploma shall bear the date of its issue and be in such form	3421
as the school superintendent prescribes.	3422

(D) Upon granting a diploma to a student under this section,	3423
the superintendent of the state school in which the student is	3424
enrolled shall provide notice of receipt of the diploma to the	3425
board of education of the school district where the student is	3426
entitled to attend school under section 3313.64 or 3313.65 of the	3427
Revised Code when not residing at the state school for the blind	3428
or the state school for the deaf. The notice shall indicate the	3429
type of diploma granted.	3430

Sec. 3365.15.  No This section does not apply to students	3431
enrolled in twelfth grade after July 1, 2001.	3432

No later than July 1, 1999, the board of regents shall adopt	3433
rules under which it shall award at least a five-hundred dollar	3434
scholarship to each student who both:	3435

(A) After July 1, 1998, and while the student attends	3436
twelfth grade, attains on all five tests at least the applicable	3437
scores designated under former division (A)(3) of section	3438
3301.0710 of the Revised Code on all five tests prescribed under	3439
that division;	3440

(B) Submits to the board of regents, in the form and manner	3441
and by any deadline prescribed by the rules, evidence of having	3442
enrolled in a state-assisted college or university, a nonprofit	3443
institution holding a certificate of authorization pursuant to	3444
Chapter 1713. of the Revised Code, or an institution registered by	3445
the state board of proprietary school registration that has	3446
program authorization to award an associate or bachelor's degree.	3447

The board of regents shall pay each scholarship awarded under	3448
this section to the student. It may be used to defray any	3449
educational expenses.	3450

Section 2. That existing sections 307.031, 3301.07, 3301.079,	3451
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0717, 3301.801,	3452
3301.91, 3302.02, 3302.03, 3302.04, 3302.05, 3313.532, 3313.60,	3453
3313.603, 3313.608, 3313.6011, 3313.61, 3313.611, 3313.612,	3454
3313.978, 3314.03, 3314.20, 3317.012, 3317.029, 3319.19, 3324.03,	3455
3325.08, and 3365.15 and sections 3301.0715 and 3301.0716 of the	3456
Revised Code are hereby repealed.	3457

Section 3. That section 3313.608 of the Revised Code be	3458
amended to read as follows:	3459

Sec. 3313.608.  This section does not apply to students who	3460
enter the fourth grade after July 1, 2003.	3461

(A) For each school year prior to July 1, 2004, for the test	3462
to measure skill in reading prescribed by former division (A)(1)	3463
of section 3301.0710 of the Revised Code, the state board of	3464
education shall establish at least four ranges of scores to	3465
measure the following levels of skill:	3466

(1) An advanced level of skill;

3467

(2) A proficient level of skill;

3468

(3) A basic level of skill;

3469

(4) A below basic level of skill.

3470

(B) Beginning with students who enter fourth third grade in	3471
the school year that starts July 1, 2001 2003, for any student who	3472
attains a score in the range designated under division	3473
(A)(4)(2)(d) of this section 3301.0710 of the Revised Code on such	3474
reading the test prescribed under that section to measure skill in	3475
reading expected at the end of third grade, each school district,	3476
in accordance with the policy adopted under section 3313.609 of	3477
the Revised Code, shall do one of the following:	3478

(1) Promote the student to fifth fourth grade if the	3479
student's principal and reading teacher agree that other	3480
evaluations of the student's skill in reading demonstrate that the	3481
student is academically prepared to be promoted to fifth fourth	3482
grade;	3483

(2) Promote the student to fifth fourth grade but provide the	3484
student with intensive intervention services in fifth fourth	3485
grade;	3486

(3) Retain the student in fourth third grade.

3487

This section does not apply to any student excused from	3488
taking such test under division (C)(1) of section 3301.0711 of the	3489
Revised Code.	3490

(C)(B)(1) To assist students in meeting this fourth third	3491
grade guarantee established by this section, each school district	3492
shall adopt policies and procedures with which it shall annually	3493
assess the reading skills of each student at the end of first,	3494
and second, and third grade and identify students who are reading	3495
below their grade level. If the diagnostic assessment to measure	3496
reading ability for the appropriate grade level has been developed	3497
in accordance with division (D)(1) of section 3301.079 of the	3498
Revised Code, each school district shall use such diagnostic	3499
assessment to identify such students, except that any district	3500
declared excellent under division (B)(1) of section 3302.03 of the	3501
Revised Code may use another assessment to identify such students.	3502
The policy policies and procedures shall require the students'	3503
classroom teachers to be involved in the assessment and the	3504
identification of students reading below grade level. The	3505
district shall notify the parent or guardian of each student whose	3506
reading skills are below grade level and, in accordance with	3507
division (D)(C) of this section, provide intervention services to	3508
each student reading below grade level. Such intervention	3509
services shall include instruction in intensive, systematic	3510
phonetics pursuant to rules adopted by the state board of	3511
education.	3512

(2) For each student identified as reading below grade level	3513
at the end of third grade, the district shall offer intense	3514
remediation services during the summer following third grade.	3515

(3) For each student entering fourth third grade after July	3516
1, 2001 2003, who does not attain by the end of the fourth third	3517
grade at least a score in the range designated under division	3518
(A)(2)(b) of this section 3301.0710 of the Revised Code on the	3519
test prescribed under that section to measure skill in reading	3520
expected at the end of third grade, the district also shall offer	3521
intense remediation services, and another opportunity to take that	3522
test, during the summer following fourth third grade.	3523

(D)(C) For each student required to be offered intervention	3524
services under this section, the district shall involve the	3525
student's parent or guardian and classroom teacher in developing	3526
the intervention strategy, and shall offer to the parent or	3527
guardian the opportunity to be involved in the intervention	3528
services.	3529

(E) In addition to the remediation requirements of division	3530
(C) of this section, every city, exempted village, or local school	3531
district shall offer summer remediation to any student who has	3532
failed to attain the designated scores indicating proficiency on	3533
three or more of the five tests described by former division	3534
(A)(1) or (2) of section 3301.0710 of the Revised Code.	3535

(F)(D) Any summer remediation services funded in whole or in	3536
part by the state and offered by school districts to students	3537
under this section shall meet the following conditions:	3538

(1) The remediation methods are based on reliable	3539
educational research.	3540

(2) The school districts conduct testing before and after	3541
students participate in the program to facilitate monitoring	3542
results of the remediation services.	3543

(3) The parents of participating students are involved in	3544
programming decisions.	3545

(4) The services are conducted in a school building or	3546
community center and not on an at-home basis.	3547

(E) In addition to the dates designated under division (C)(1)	3548
of section 3301.0710 of the Revised Code for the administration of	3549
the test prescribed under that section to measure skill in reading	3550
expected at the end of third grade, the state board of education	3551
shall annually designate dates on which such test shall be	3552
administered to students in the fourth and fifth grades who have	3553
not attained at least a score in the range designated under	3554
division (A)(2)(b) of section 3301.0710 of the Revised Code as	3555
follows:	3556

(1) One date prior to the thirty-first day of December each	3557
school year for fourth grade students;	3558

(2) One date that is not earlier than Monday of the week	3559
containing the eighth day of March each school year for fourth and	3560
fifth grade students;	3561

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

3562

(F) If any fourth grade student attains a score in the range	3563
designated under division (A)(2)(d) of section 3301.0710 of the	3564
Revised Code, on the test administered under division (E)(3) of	3565
this section, the school district, in accordance with the district	3566
policy adopted under section 3313.609 of the Revised Code, shall	3567
do one of the following:	3568

(1) Promote the student to fifth grade if the student's	3569
principal and reading teacher agree that other evaluations of the	3570
student's skill in reading demonstrate that the student is	3571
academically prepared to be promoted to fifth grade;	3572

(2) Promote the student to fifth grade but provide the	3573
student with intensive intervention services in fifth grade;	3574

(3) Retain the student in fourth grade.

3575

(G) This section does not create a new cause of action or a	3576
substantive legal right for any person.	3577

Section 4. That existing section 3313.608 of the Revised Code	3578
is hereby repealed.	3579

Section 5. Sections 3 and 4 of this act shall take effect	3580
July 1, 2003.	3581

Section 6. That Section 4 of Am. Sub. S.B. 55 of the 122nd	3582
General Assembly is hereby repealed.	3583

Section 7. In each of the school years beginning on July 1,	3584
2002, and July 1, 2003, the State Board of Education shall	3585
prescribe and the Department of Education and each school district	3586
shall administer the tenth grade tests required under former	3587
division (B) of section 3301.0710 of the Revised Code to measure	3588
skill in reading and mathematics to all students in the tenth	3589
grade. The tests shall be used for the purposes of sections	3590
3302.02 and 3302.03 of the Revised Code and for the purposes of	3591
assessments required by federal law. No score on the tests shall	3592
be used to determine the eligibility of any student to receive a	3593
high school diploma.	3594

Section 8. (A) Notwithstanding sections 3301.0710, 3301.0711,	3595
and 3301.0712 of the Revised Code, as amended or enacted by this	3596
act, for any school year in which the total number of proficiency	3597
tests and achievement tests administered to students in grades	3598
four or six exceeds three, the State Board of Education shall	3599
designate the dates on which those tests shall be administered to	3600
students in accordance with the best interests of students. In	3601
doing so, the State Board may consider designating the dates so	3602
that all the tests are not administered to the relevant grade	3603
level in the same week.	3604

Section 9. Notwithstanding section 3301.0712 of the Revised	3606
Code, as enacted by this act, in the school year beginning July 1,	3607
2003, the Department of Education and each school district shall	3608
administer the test to measure skill in reading required under	3609
former division (A)(1) of section 3301.0710 of the Revised Code,	3610
as it existed prior to the effective date of this act, to all	3611
students enrolled in the fourth grade. The Department and each	3612
school district shall also administer the test to measure skill in	3613
reading required under division (A)(1)(a) of section 3301.0710 of	3614
the Revised Code, as amended by this act, to all students enrolled	3615
in the third grade.	3616

Any fourth grade student subject to this section shall also	3617
be subject to the version of section 3313.608 of the Revised Code	3618
in effect prior to July 1, 2003.	3619

Section 10. Until such time as the state board of education	3620
adopts a new rule holding school districts responsible for	3621
individual school buildings within the district pursuant to	3622
section 3302.04 of the Revised Code, as amended by this act, the	3623
rules adopted under that section in effect on the effective date	3624
of this act shall be deemed to apply to school districts with	3625
respect to their individual buildings as well as to the school	3626
districts as entire entities.	3627

Section 11. (A) There is hereby established the Governor's	3628
Commission on Successful Teachers. The Commission shall recommend	3629
policies for the preparation, recruiting, hiring, and retention of	3630
teachers and shall recommend pilot programs to address the	3631
shortage of teachers, such as paid internships in mathematics and	3632
science and salary bonuses in hard-to-staff school districts or	3633
subject areas. The Commission shall issue a written report with	3634
its recommendations to the General Assembly not later than	3635
December 31, 2002. Upon issuance of its report the Commission	3636
shall cease to exist.	3637

The Commission shall consist of the following members:

3638

(1) Nine classroom teachers appointed by the Governor, at	3639
least three of whom are certified by the National Board for	3640
Professional Teaching Standards, at least two of whom are high	3641
school teachers, at least two of whom teach in grades six through	3642
eight, at least two of whom teach in grades kindergarten through	3643
six, and at least one of whom teaches special education;	3644

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

3645

(3) One person representing higher education, appointed by	3646
the Governor;	3647

(4) The Superintendent of Public Instruction or the	3648
Superintendent's designee;	3649

(5) The President of the State Board of Education or the	3650
President's designee;	3651

(6) The chairperson of the House of Representatives standing	3652
committee primarily responsible for education legislation or the	3653
chairperson's designee;	3654

(7) The chairperson of the Senate standing committee	3655
primarily responsible for education legislation or the	3656
chairperson's designee;	3657

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

3658

(B) In conducting its work the Commission shall study and	3659
include recommendations regarding the following issues:	3660

(1) How to develop college and university teacher	3661
preparation programs that ensure that teachers are qualified to	3662
teach the courses in grades kindergarten through twelve that are	3663
required by law;	3664

(2) How to develop and operate incentive programs to	3665
encourage teachers to work in underserved school districts, such	3666
as large urban districts or districts in rural Appalachia, and	3667
underserved subject areas, such as mathematics, science, special	3668
education, and English as a second language;	3669

(3) How to best implement professional development	3670
activities for all teachers, particularly how to design such	3671
activities so that teachers understand how to administer and	3672
interpret diagnostic assessments and achievement tests that will	3673
be developed by the State Board of Education under sections	3674
3301.079 and 3301.0710 of the Revised Code, as enacted and	3675
amended, respectively, by this act, and so that teachers	3676
understand how to develop effective intervention tools for	3677
students in need of assistance;	3678

(4) How best to implement professional development programs	3679
in terms of the amount of time allotted for such programs	3680
including, but not limited to, the number of days each school	3681
district should devote to the programs or to what extent the	3682
programs should be configured as half-day in-service programs,	3683
two-hour programs, or full-day seminars;	3684

(5) How to provide the most effective regional delivery of	3685
professional development services;	3686

(6) How to create building-level mentoring or advisory	3687
programs under which an experienced teacher would assist others in	3688
the building to increase their effectiveness;	3689

(7) How to increase Ohio's participation in certification	3690
activities conducted by the National Board for Professional	3691
Teaching Standards.	3692

Section 12. It is the intent of the General Assembly that	3693
upon its review of the recommendations of the Governor's	3694
Commission on Successful Teachers, as established under Section 11	3695
of this act, that the General Assembly will consider laws to	3696
reallocate the funding for activities prescribed in that section	3697
based on the recommendations of the Commission.	3698

Section 13. The State Board of Education shall adopt rules	3699
for instruction in intensive, systematic phonetics as prescribed	3700
in division (C)(1) of section 3313.608 of the Revised Code on or	3701
before July 1, 2002.	3702

Section 14. No school district shall be required to	3703
administer any ninth grade proficiency test to any student before	3704
March of the student's ninth grade year. If the Department of	3705
Education permits the administration of the ninth grade	3706
proficiency tests to students in the eighth grade or in the fall	3707
of the ninth grade year, the school district may choose whether or	3708
not to participate in such administration of the tests.	3709

Section 15. The amendment of section 3301.91 of the Revised	3710
Code is not intended to supersede the earlier repeal, with delayed	3711
effective date, of that section.	3712

Section 16. Section 3314.03 of the Revised Code is presented	3713
in this act as a composite of the section as amended by both Am.	3714
Sub. H.B. 121 and Am. Sub. H.B. 282 of the 123rd General Assembly.	3715
This is in recognition of the principle stated in division (B) of	3716
section 1.52 of the Revised Code that such amendments are to be	3717
harmonized where not substantively irreconcilable and constitutes	3718
a legislative finding that such is the resulting version in effect	3719
prior to the effective date of this act.	3720