SENATORS Robert Gardner, Mumper, Spada, Stivers

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.0714, 3301.0715, 3301.801,

2

3301.91, 3302.01, 3302.02, 3302.03, 3302.031,

3

3302.04, 3302.05, 3313.532, 3313.6010, 3313.6012,

4

3313.61, 3313.611, 3313.612, 3313.64, 3313.65,

5

3313.97, 3314.012, 3314.02, 3314.03, 3314.20,

6

3317.01, 3317.023, 3317.03, 3317.04, 3317.08,

7

3334.01, 3334.12, 3334.17, 3334.19, and 5705.412;

8

to enact sections 3302.021 and 3314.033, and to

9

repeal sections 3301.0713 and 3365.15 of the

10

Revised Code to comply with the "No Child Left

11

Behind Act of 2001" by revising the system of

12

statewide achievement testing to include annual

13

achievement tests in reading and math in grades

14

three through eight; requiring the State Board of

15

Education to designate five ranges of scores on

16

the Ohio Graduation Tests; requiring an annual

17

determination of a district's progress toward

18

meeting a "proficient" level of achievement (AYP);

19

requiring school districts to provide intervention

20

services to students scoring below the

21

"proficient" level on achievement tests;

22

prohibiting exemptions from taking achievement

23

tests for limited English proficient students;

24

making the administration of diagnostic

25

assessments to certain students in grades three

26

through eight voluntary; adding calculations of a

27

performance index score to determinations of

28

school district and building performance ratings;

29

directing the Department of Education to implement

30

a value-added progress dimension and to

31

incorporate it into the district and building

32

report cards by July 1, 2007; creating the Ohio

33

Accountability Task Force to examine the

34

implementation of the value-added factor and to

35

make recommendations regarding the state's

36

accountability system; requiring the inclusion of

37

"highly qualified" teacher data on the report

38

cards; requiring the disaggregation of student

39

performance data according to disability, limited

40

English proficient status, and migrant status and

41

eliminating disaggregations of data by vocational

42

education status; specifying the sanctions for

43

school districts and buildings, including

44

community schools, that fail to meet performance

45

standards; to require the State Board of Education

46

to recommend standards for the operation of

47

Internet- and computer-based community schools; to

48

make other changes to the Community School Law; to

49

make changes in the authority of the Ohio Tuition

50

Trust Authority to administer its programs; to

51

specify that school districts need not attach a

52

certificate of available resources to current

53

payrolls and employment contracts for all district

54

employees and officers; to eliminate the

55

requirement that certain rules proposed by the

56

State Board of Education be approved by the

57

General Assembly before taking effect; to require

58

school districts to certify ADM biannually

59

beginning in FY 2005; to permit a student who

60

relocates or whose parent relocates outside of the

61

school district in which the student is entitled

62

to attend school after the end of the first full

63

week in October and who is enrolled in a school of

64

that district prior to that time to continue to

65

attend school in that district free of tuition for

66

the balance of the school year; to require school

67

district aid payments to reflect biannual ADM; to

68

define tuition calculations for purposes of

69

tuition caps for certain state colleges and

70

universities; to supersede provisions of Section

71

41.06 of Am. Sub. H.B. 95 of the 125th General

72

Assembly prescribing terms for earmarked funds for

73

training of community school sponsors; to clarify

74

that the reappraisal guarantee calculation does

75

not include the charge-off supplement; to clarify

76

that reappraisal guarantee calculations for fiscal

77

year 2005 include fiscal year 2004 transitional

78

aid payments; to amend the version of section

79

3313.608 of the Revised Code that is scheduled to

80

take effect July 1, 2003, to continue amendments

81

to that section by this act on and after that

82

effective date; to amend the version of section

83

3313.65 of the Revised Code that is scheduled to

84

take effect January 1, 2004, to continue the

85

provision of this act on and after that effective

86

date, and to declare an emergency.

87

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	88
3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01,	89
3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.6010,	90
3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97,	91
3314.012, 3314.02, 3314.03, 3314.20, 3317.01, 3317.023, 3317.03,	92
3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412	93
be amended and sections 3302.021 and 3314.033 of the Revised Code	94
be enacted to read as follows:	95

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	96
state board of education shall adopt statewide academic standards	97
for each of grades kindergarten through twelve in reading,	98
writing, and mathematics. Not later than December 31, 2002, the	99
state board shall adopt statewide academic standards for each of	100
grades kindergarten through twelve in science and social studies.	101
The standards shall specify the academic content and skills that	102
students are expected to know and be able to do at each grade	103
level.	104

(2) When academic standards have been completed for any	105
subject area required by this division, the state board shall	106
inform all school districts of the content of those standards.	107

(B) Not later than eighteen months after the completion of	108
academic standards for any subject area required by division (A)	109
of this section, the state board shall adopt a model curriculum	110
for instruction in that subject area for each of grades	111
kindergarten through twelve that is sufficient to meet the needs	112
of students in every community. The model curriculum shall be	113
aligned with the standards to ensure that the academic content and	114
skills specified for each grade level are taught to students. When	115
any model curriculum has been completed, the state board shall	116
inform all school districts of the content of that model	117
curriculum.	118

All school districts may utilize the state standards and the	119
model curriculum established by the state board, together with	120
other relevant resources, examples, or models to ensure that	121
students have the opportunity to attain the academic standards.	122
Upon request, the department of education shall provide technical	123
assistance to any district in implementing the model curriculum.	124

Nothing in this section requires any school district to	125
utilize all or any part of a model curriculum developed under this	126
division.	127

(C) The state board shall develop achievement tests aligned	128
with the academic standards and model curriculum for each of the	129
subject areas and grade levels required by section 3301.0710 of	130
the Revised Code.	131

When any achievement test has been completed, the state board	132
shall inform all school districts of its completion, and the	133
department of education shall make the achievement test available	134
to the districts. School districts shall administer the	135
achievement test beginning in the school year indicated in section	136
3301.0712 of the Revised Code.	137

(D)(1) Not later than July 1, 2007, and except as provided in	138
division (D)(3) of this section, the state board shall adopt a	139
diagnostic assessment aligned with the academic standards and	140
model curriculum for each of grades kindergarten through two in	141
reading, writing, and mathematics and for each of grades three	142
through eight in reading, writing, mathematics, science, and	143
social studies. The diagnostic assessment shall be designed to	144
measure student comprehension of academic content and mastery of	145
related skills for the relevant subject area and grade level. Any	146
diagnostic assessment shall not include components to identify	147
gifted students. Blank copies of diagnostic tests shall be public	148
records.	149

(2) When each diagnostic assessment has been completed, the	150
state board shall inform all school districts of its completion	151
and the department of education shall make the diagnostic	152
assessment available to the districts at no cost to the district.	153
School districts shall administer the diagnostic assessment	154
pursuant to section 3301.0715 of the Revised Code beginning the	155
first school year following the development of the assessment.	156

(3) The state board shall not adopt a diagnostic assessment	157
for any subject area and grade level for which the state board	158
develops an achievement test under division (C) of this section.	159

(E) Whenever the state board or the department of education	160
consults with persons for the purpose of drafting or reviewing any	161
standards, diagnostic assessments, achievement tests, or model	162
curriculum required under this section, the state board or the	163
department shall first consult with parents of students in	164
kindergarten through twelfth grade and with active Ohio classroom	165
teachers, other school personnel, and administrators with	166
expertise in the appropriate subject area. Whenever practicable,	167
the state board and department shall consult with teachers	168
recognized as outstanding in their fields.	169

If the department contracts with more than one outside entity	170
for the development of the achievement tests required by this	171
section, the department shall ensure the interchangeability of	172
those tests.	173

(F) Not later than forty-five days prior to any deadline	174
established under division (A) or (B) of this section for the	175
adoption of academic standards or model curricula, the	176
superintendent of public instruction shall present the relevant	177
academic standards or curricula to a joint meeting of the house of	178
representatives and senate committees with jurisdiction over	179
education legislation.	180

(G) The fairness sensitivity review committee, established by	181
rule of the state board of education, shall not allow any question	182
on any achievement test or diagnostic assessment developed under	183
this section or any proficiency test prescribed by former section	184
3301.0710 of the Revised Code, as it existed prior to the	185
effective date of this sectionSeptember 11, 2001, to include, be	186
written to promote, or inquire as to individual moral or social	187
values or beliefs. The decision of the committee shall be final.	188
This section does not create a private cause of action.	189

Sec. 3301.0710.  The state board of education shall adopt	190
rules establishing a statewide program to test student	191
achievement. The state board shall ensure that all tests	192
administered under the testing program are aligned with the	193
academic standards and model curricula adopted by the state board	194
and are created with input from Ohio parents, Ohio classroom	195
teachers, Ohio school administrators, and other Ohio school	196
personnel pursuant to section 3301.079 of the Revised Code.	197

The testing program shall be designed to ensure that students	198
who receive a high school diploma demonstrate at least high school	199
levels of achievement in reading, writing, mathematics, science,	200
and social studies.	201

(A)(1) The state board shall prescribe all of the following:

202

(a) ATwo statewide achievement testtests, one each designed	203
to measure the level of reading and mathematics skill expected at	204
the end of third grade;	205

(b) TwoThree statewide achievement tests, one each designed	206
to measure the level of reading, writing, and mathematics skill	207
expected at the end of fourth grade;	208

(c) TwoFour statewide achievement tests, one each designed	209
to measure the level of reading, mathematics, science, and social	210
studies skill expected at the end of fifth grade;	211

(d) Two statewide achievement tests, one each designed to	212
measure the level of reading and mathematics skill expected at the	213
end of sixth grade;	214

(e) Three statewide achievement tests, one each designed to	215
measure the level of reading, writing, and mathematics skill	216
expected at the end of seventh grade;	217

(e) Two(f) Four statewide achievement tests, one each	218
designed to measure the level of reading, mathematics, science,	219
and social studies skill expected at the end of eighth grade.	220

(2) The state board shall determine and designate at least	221
fourfive ranges of scores on each of the achievement tests	222
described in divisiondivisions (A)(1) and (B) of this section.	223
Each range of scores shall be deemed to demonstrate a level of	224
achievement so that any student attaining a score within such	225
range has achieved one of the following:	226

(a) An advanced level of skill;

227

(b) An accelerated level of skill;

228

(c) A proficient level of skill;

229

(c)(d) A basic level of skill;

230

(d)(e) A below basiclimited level of skill.

231

(B) The tests prescribed under this division shall	232
collectively be known as the Ohio graduation tests. The state	233
board shall prescribe five statewide high school achievement	234
tests, one each designed to measure the level of reading, writing,	235
mathematics, science, and social studies skill expected at the end	236
of tenth grade, and shall determine and designate the score on	237
each such test that shall be deemed to demonstrate that any	238
student attaining such score has achieved at least a proficient	239
level of skill appropriate for tenth grade. The state board shall	240
designate a score in at least the range designated under division	241
(A)(2)(b) of this section on each such test that shall be deemed	242
to be a passing score on the test as a condition toward granting	243
high school diplomas under sections 3313.61, 3313.611, 3313.612,	244
and 3325.08 of the Revised Code.	245

The state board may enter into a reciprocal agreement with	246
the appropriate body or agency of any other state that has similar	247
statewide achievement testing requirements for receiving high	248
school diplomas, under which any student who has met an	249
achievement testing requirement of one state is recognized as	250
having met the similar achievement testing requirement of the	251
other state for purposes of receiving a high school diploma. For	252
purposes of this section and sections 3301.0711 and 3313.61 of the	253
Revised Code, any student enrolled in any public high school in	254
this state who has met an achievement testing requirement	255
specified in a reciprocal agreement entered into under this	256
division shall be deemed to have attained at least the applicable	257
score designated under this division on each test required by this	258
division that is specified in the agreement.	259

(C) The state board shall annually designate as follows the	260
dates on which the tests prescribed under this section shall be	261
administered:	262

(1) For the reading test prescribed under division (A)(1)(a)	263
of this section, as follows:	264

(a) One date prior to the thirty-first day of December each	265
school year;	266

(b) At least one date of each school year that is not earlier	267
than Monday of the week containing the eighth day of March;	268

(c) One date during the summer for students receiving summer	269
remediation services under section 3313.608 of the Revised Code.	270

(2) For the mathematics test prescribed under division	271
(A)(1)(a) of this section and the tests prescribed under divisions	272
(A)(1)(b), (c), (d), and (e), and (f) of this section, at least	273
one date of each school year that is not earlier than Monday of	274
the week containing the eighth day of March;	275

(3) For the tests prescribed under division (B) of this	276
section, at least one date in each school year that is not earlier	277
than Monday of the week containing the fifteenth day of March for	278
all tenth grade students and at least one date prior to the	279
thirty-first day of December and at least one date subsequent to	280
that date but prior to the thirty-first day of March of each	281
school year for eleventh and twelfth grade students.	282

(D) In prescribing test dates pursuant to division (C)(3) of	283
this section, the state board shall, to the greatest extent	284
practicable, provide options to school districts in the case of	285
tests administered under that division to eleventh and twelfth	286
grade students and in the case of tests administered to students	287
pursuant to division (C)(2) of section 3301.0711 of the Revised	288
Code. Such options shall include at least an opportunity for	289
school districts to give such tests outside of regular school	290
hours.	291

(E) In prescribing test dates pursuant to this section, the	292
state board of education shall designate the dates in such a way	293
as to allow a reasonable length of time between the administration	294
of tests prescribed under this section and any administration of	295
the National Assessment of Education Progress Test given to	296
students in the same grade level pursuant to section 3301.27 of	297
the Revised Code or federal law.	298

(F) Any committee established by the department of education	299
for the purpose of making recommendations to the state board	300
regarding the state board's designation of scores on the tests	301
described by this section shall inform the state board of the	302
probable percentage of students who would score in each of the	303
ranges established under division (A)(2) of this section on the	304
tests if the committee's recommendations are adopted by the state	305
board. To the extent possible, these percentages shall be	306
disaggregated by gender, major racial and ethnic groups, limited	307
English proficient students, economically disadvantaged students,	308
students with disabilities, and migrant students.	309

If the state board intends to make any change to the	310
committee's recommendations, the state board shall explain the	311
intended change to the Ohio accountability task force established	312
by section 3302.021 of the Revised Code. The task force shall	313
recommend whether the state board should proceed to adopt the	314
intended change. Nothing in this division shall require the state	315
board to designate test scores based upon the recommendations of	316
the task force.	317

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

318

(1) Annually furnish to, grade, and score all tests required	319
by section 3301.0710 of the Revised Code to be administered by	320
city, local, exempted village, and joint vocational school	321
districts. In awarding contracts for grading tests, the department	322
shall give preference to Ohio-based entities employing Ohio	323
residents.	324

(2) Adopt rules for the ethical use of tests and prescribing	325
the manner in which the tests prescribed by section 3301.0710 of	326
the Revised Code shall be administered to students.	327

(B) Except as provided in divisions (C) and (J) of this	328
section, the board of education of each city, local, and exempted	329
village school district shall, in accordance with rules adopted	330
under division (A) of this section:	331

(1) Administer the reading test prescribed under division	332
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	333
to all students in the third grade who have not attained the score	334
designated for that test under division (A)(2)(b)(c) of section	335
3301.0710 of the Revised Code and once each summer to students	336
receiving summer remediation services under section 3313.608 of	337
the Revised Code.	338

(2) Administer the mathematics test prescribed under division	339
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	340
annually to all students in the third grade.	341

(3) Administer the tests prescribed under division (A)(1)(b)	342
of section 3301.0710 of the Revised Code at least once annually to	343
all students in the fourth grade.	344

(3)(4) Administer the tests prescribed under division	345
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	346
annually to all students in the fifth grade.	347

(4)(5) Administer the tests prescribed under division	348
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	349
annually to all students in the sixth grade.	350

(6) Administer the tests prescribed under division	351
(A)(1)(d)(e) of section 3301.0710 of the Revised Code at least	352
once annually to all students in the seventh grade.	353

(5)(7) Administer the tests prescribed under division	354
(A)(1)(e)(f) of section 3301.0710 of the Revised Code at least	355
once annually to all students in the eighth grade.	356

(6)(8) Except as provided in division (B)(7)(9) of this	357
sectionssection, administer any test prescribed under division	358
(B) of section 3301.0710 of the Revised Code as follows:	359

(a) At least once annually to all tenth grade students and at	360
least twice annually to all students in eleventh or twelfth grade	361
who have not yet attained the score on that test designated under	362
that division;	363

(b) To any person who has successfully completed the	364
curriculum in any high school or the individualized education	365
program developed for the person by any high school pursuant to	366
section 3323.08 of the Revised Code but has not received a high	367
school diploma and who requests to take such test, at any time	368
such test is administered in the district.	369

(7)(9) In lieu of the board of education of any city, local,	370
or exempted village school district in which the student is also	371
enrolled, the board of a joint vocational school district shall	372
administer any test prescribed under division (B) of section	373
3301.0710 of the Revised Code at least twice annually to any	374
student enrolled in the joint vocational school district who has	375
not yet attained the score on that test designated under that	376
division. A board of a joint vocational school district may also	377
administer such a test to any student described in division	378
(B)(6)(8)(b) of this section.	379

(C)(1)(a) Any student receiving special education services	380
under Chapter 3323. of the Revised Code may be excused from taking	381
any particular test required to be administered under this section	382
if the individualized education program developed for the student	383
pursuant to section 3323.08 of the Revised Code excuses the	384
student from taking that test and instead specifies an alternate	385
assessment method approved by the department of education as	386
conforming to requirements of federal law for receipt of federal	387
funds for disadvantaged pupils. To the extent possible, the	388
individualized education program shall not excuse the student from	389
taking a test unless no reasonable accommodation can be made to	390
enable the student to take the test.	391

(b) Any alternate assessment approved by the department for a	392
student under this division shall produce measurable results	393
comparable to those produced by the tests which the alternate	394
assessments are replacing in order to allow for the student's	395
assessment results to be included in the data compiled for a	396
school district or building under section 3302.03 of the Revised	397
Code.	398

(c) Any student enrolled in a chartered nonpublic school who	399
has been identified, based on an evaluation conducted in	400
accordance with section 3323.03 of the Revised Code or section 504	401
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	402
794, as amended, as a child with a disability shall be excused	403
from taking any particular test required to be administered under	404
this section if a plan developed for the student pursuant to rules	405
adopted by the state board excuses the student from taking that	406
test. In the case of any student so excused from taking a test,	407
the chartered nonpublic school shall not prohibit the student from	408
taking the test.	409

(2) A district board may, for medical reasons or other good	410
cause, excuse a student from taking a test administered under this	411
section on the date scheduled, but any such test shall be	412
administered to such excused student not later than nine days	413
following the scheduled date. The board shall annually report the	414
number of students who have not taken one or more of the tests	415
required by this section to the state board of education not later	416
than the thirtieth day of June.	417

(3) As used in this division, "English-limitedlimited	418
English proficient student" means a student whose primary language	419
is not English, who has been enrolled in United States schools for	420
less than three full school years, and who within the school year	421
has been identified, in accordance with criteria provided by the	422
department of education, as lacking adequate proficiency in	423
English for a test under this section to produce valid results	424
with respect to that student's academic progresshas the same	425
meaning as in 20 U.S.C. 7801.	426

ANo school district board or governing authority of a	427
nonpublic school may grant a temporary, one-year exemption from	428
any test administered under this section to an English-limited	429
student. Not more than three temporary one-year exemptions may be	430
granted to any studentshall excuse any limited English proficient	431
student from taking any particular test required to be	432
administered under this section, but a board may permit any	433
limited English proficient student to take the test with	434
appropriate accommodations, as determined by the department.	435
During any school year in which aFor each limited English	436
proficient student is excused from taking one or more tests	437
administered under this section, theeach school district shall	438
annually assess that student's progress in learning English, in	439
accordance with procedures approved by the department.	440

No district board orThe governing authority of a chartered	441
nonpublic school may excuse a limited English proficient student	442
from taking any test administered under this section. However, no	443
governing authority shall prohibit an English-limiteda limited	444
English proficient student from taking athe test under this	445
section.	446

(D) In the school year next succeeding the school year in	447
which the tests prescribed by division (A)(1) or (B) of section	448
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	449
or (B) of section 3301.0710 of the Revised Code as it existed	450
prior to the effective date of this amendmentSeptember 11, 2001,	451
are administered to any student, the board of education of any	452
school district in which the student is enrolled in that year	453
shall provide to the student intervention services commensurate	454
with the student's test performance, including any intensive	455
intervention required under section 3313.608 of the Revised Code,	456
in any skill in which the student failed to demonstrate at least a	457
score at the proficient level on a proficiencythe test or a score	458
in the basic range on an achievement test. This division does not	459
apply to any student receiving services pursuant to an	460
individualized education program developed for the student	461
pursuant to section 3323.08 of the Revised Code.	462

(E) Except as provided in section 3313.608 of the Revised	463
Code and division (M) of this section, no school district board of	464
education shall utilize any student's failure to attain a	465
specified score on any test administered under this section as a	466
factor in any decision to deny the student promotion to a higher	467
grade level. However, a district board may choose not to promote	468
to the next grade level any student who does not take any test	469
administered under this section or make up such test as provided	470
by division (C)(2) of this section and who is not exempted from	471
the requirement to take the test under division (C)(1) or (3) of	472
this section.	473

(F) No person shall be charged a fee for taking any test	474
administered under this section.	475

(G) Not later than sixty days after any administration of any	476
test prescribed by section 3301.0710 of the Revised Code, the	477
department shall send to each school district board a list of the	478
individual test scores of all persons taking the test. For any	479
tests administered under this section by a joint vocational school	480
district, the department shall also send to each city, local, or	481
exempted village school district a list of the individual test	482
scores of any students of such city, local, or exempted village	483
school district who are attending school in the joint vocational	484
school district.	485

(H) Individual test scores on any tests administered under	486
this section shall be released by a district board only in	487
accordance with section 3319.321 of the Revised Code and the rules	488
adopted under division (A) of this section. No district board or	489
its employees shall utilize individual or aggregate test results	490
in any manner that conflicts with rules for the ethical use of	491
tests adopted pursuant to division (A) of this section.	492

(I) Except as provided in division (G) of this section, the	493
department shall not release any individual test scores on any	494
test administered under this section and shall adopt rules to	495
ensure the protection of student confidentiality at all times.	496

(J) Notwithstanding division (D) of section 3311.52 of the	497
Revised Code, this section does not apply to the board of	498
education of any cooperative education school district except as	499
provided under rules adopted pursuant to this division.	500

(1) In accordance with rules that the state board of	501
education shall adopt, the board of education of any city,	502
exempted village, or local school district with territory in a	503
cooperative education school district established pursuant to	504
divisions (A) to (C) of section 3311.52 of the Revised Code may	505
enter into an agreement with the board of education of the	506
cooperative education school district for administering any test	507
prescribed under this section to students of the city, exempted	508
village, or local school district who are attending school in the	509
cooperative education school district.	510

(2) In accordance with rules that the state board of	511
education shall adopt, the board of education of any city,	512
exempted village, or local school district with territory in a	513
cooperative education school district established pursuant to	514
section 3311.521 of the Revised Code shall enter into an agreement	515
with the cooperative district that provides for the administration	516
of any test prescribed under this section to both of the	517
following:	518

(a) Students who are attending school in the cooperative	519
district and who, if the cooperative district were not	520
established, would be entitled to attend school in the city,	521
local, or exempted village school district pursuant to section	522
3313.64 or 3313.65 of the Revised Code;	523

(b) Persons described in division (B)(6)(8)(b) of this	524
section.	525

Any testing of students pursuant to such an agreement shall	526
be in lieu of any testing of such students or persons pursuant to	527
this section.	528

(K)(1) Any chartered nonpublic school may participate in the	529
testing program by administering any of the tests prescribed by	530
section 3301.0710 or 3301.0712 of the Revised Code if the chief	531
administrator of the school specifies which tests the school	532
wishes to administer. Such specification shall be made in writing	533
to the superintendent of public instruction prior to the first day	534
of August of any school year in which tests are administered and	535
shall include a pledge that the nonpublic school will administer	536
the specified tests in the same manner as public schools are	537
required to do under this section and rules adopted by the	538
department.	539

(2) The department of education shall furnish the tests	540
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	541
to any chartered nonpublic school electing to participate under	542
this division.	543

(L)(1) The superintendent of the state school for the blind	544
and the superintendent of the state school for the deaf shall	545
administer the tests described by section 3301.0710 of the Revised	546
Code. Each superintendent shall administer the tests in the same	547
manner as district boards are required to do under this section	548
and rules adopted by the department of education and in conformity	549
with division (C)(1)(a) of this section.	550

(2) The department of education shall furnish the tests	551
described by section 3301.0710 of the Revised Code to each	552
superintendent.	553

(M) Notwithstanding division (E) of this section, a school	554
district may use a student's failure to attain a score in at least	555
the basic range on the mathematics test described by division	556
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	557
the tests described by division (A)(1)(b), (c), (d), or (e), or	558
(f) of section 3301.0710 of the Revised Code as a factor in	559
retaining that student in the current grade level.	560

(N)(1) All tests required by section 3301.0710 of the Revised	561
Code shall become public records pursuant to section 149.43 of the	562
Revised Code on the first day of July following the school year	563
that the test was administered.	564

(2) The department may field test proposed test questions	565
with samples of students to determine the validity, reliability,	566
or appropriateness of test questions for possible inclusion in a	567
future year's test. The department also may use anchor questions	568
on tests to ensure that different versions of the same test are of	569
comparable difficulty.	570

Field test questions and anchor questions shall not be	571
considered in computing test scores for individual students. Field	572
test questions and anchor questions may be included as part of the	573
administration of any test required by section 3301.0710 of the	574
Revised Code.	575

(3) Any field test question or anchor question administered	576
under division (N)(2) of this section shall not be a public	577
record. Such field test questions and anchor questions shall be	578
redacted from any tests which are released as a public record	579
pursuant to division (N)(1) of this section.	580

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	581
3301.0711 of the Revised Code, the state board of education shall	582
continue to prescribe and the department of education and each	583
school district shall continue to administer any proficiency test	584
as required byin accordance with those former sections, as they	585
existed prior to September 11, 2001, until the applicable test is	586
no longer required to be administered as indicated on the chart	587
below. When any achievement test, as indicated on the chart below,	588
has been developed and made available in accordance with section	589
3301.079 of the Revised Code. Thereafter, such achievement test	590
shall be administered to students under sections 3301.0710 and	591
3301.0711 of the Revised Code beginning in the school year	592
indicated on the chart below. School districts shall continue to	593
provide intervention services as required under former division	594
(D) of section 3301.0711 of the Revised Code, as it existed prior	595
to September 11, 2001, to students who fail to attain a score in	596
the proficient range on a fourth grade proficiency test.	597

(B) TheNotwithstanding division (A) of this section, the	650
state board shall continue to prescribe and school districts and	651
chartered nonpublic schools shall continue to administer ninth	652
grade proficiency tests in reading, writing, mathematics, science,	653
and citizenship to students who enter ninth grade prior to July 1,	654
2003, for as long as those students remain eligible under section	655
3313.614 of the Revised Code to receive their high school diplomas	656
based on passage of those ninth grade proficiency tests. No	657
student who enters ninth grade prior to July 1, 2003, is required	658
to take any Ohio graduation test, even if any are administered to	659
the student's grade level, until the student is required by	660
section 3313.614 of the Revised Code to pass Ohio graduation tests	661
to receive a high school diploma.	662

Sec. 3301.0714.  (A) The state board of education shall adopt	663
rules for a statewide education management information system. The	664
rules shall require the state board to establish guidelines for	665
the establishment and maintenance of the system in accordance with	666
this section and the rules adopted under this section. The	667
guidelines shall include:	668

(1) Standards identifying and defining the types of data in	669
the system in accordance with divisions (B) and (C) of this	670
section;	671

(2) Procedures for annually collecting and reporting the data	672
to the state board in accordance with division (D) of this	673
section;	674

(3) Procedures for annually compiling the data in accordance	675
with division (G) of this section;	676

(4) Procedures for annually reporting the data to the public	677
in accordance with division (H) of this section.	678

(B) The guidelines adopted under this section shall require	679
the data maintained in the education management information system	680
to include at least the following:	681

(1) Student participation and performance data, for each	682
grade in each school district as a whole and for each grade in	683
each school building in each school district, that includes:	684

(a) The numbers of students receiving each category of	685
instructional service offered by the school district, such as	686
regular education instruction, vocational education instruction,	687
specialized instruction programs or enrichment instruction that is	688
part of the educational curriculum, instruction for gifted	689
students, instruction for handicapped students, and remedial	690
instruction. The guidelines shall require instructional services	691
under this division to be divided into discrete categories if an	692
instructional service is limited to a specific subject, a specific	693
type of student, or both, such as regular instructional services	694
in mathematics, remedial reading instructional services,	695
instructional services specifically for students gifted in	696
mathematics or some other subject area, or instructional services	697
for students with a specific type of handicap. The categories of	698
instructional services required by the guidelines under this	699
division shall be the same as the categories of instructional	700
services used in determining cost units pursuant to division	701
(C)(3) of this section.	702

(b) The numbers of students receiving support or	703
extracurricular services for each of the support services or	704
extracurricular programs offered by the school district, such as	705
counseling services, health services, and extracurricular sports	706
and fine arts programs. The categories of services required by the	707
guidelines under this division shall be the same as the categories	708
of services used in determining cost units pursuant to division	709
(C)(4)(a) of this section.	710

(c) Average student grades in each subject in grades nine	711
through twelve;	712

(d) Academic achievement levels as assessed by the testing of	713
student achievement under sections 3301.0710 and 3301.0711 of the	714
Revised Code;	715

(e) The number of students designated as having a	716
handicapping condition pursuant to division (C)(1) of section	717
3301.0711 of the Revised Code;	718

(f) The numbers of students reported to the state board	719
pursuant to division (C)(2) of section 3301.0711 of the Revised	720
Code;	721

(g) Attendance rates and the average daily attendance for the	722
year. For purposes of this division, a student shall be counted as	723
present for any field trip that is approved by the school	724
administration.	725

(h) Expulsion rates;

726

(i) Suspension rates;

727

(j) The percentage of students receiving corporal punishment;

728

(k) Dropout rates;

729

(l) Rates of retention in grade;

730

(m) For pupils in grades nine through twelve, the average	731
number of carnegie units, as calculated in accordance with state	732
board of education rules;	733

(n) Graduation rates, to be calculated in a manner specified	734
by the department of education that reflects the rate at which	735
students who were in the ninth grade three years prior to the	736
current year complete school and that is consistent with	737
nationally accepted reporting requirements;	738

(o) Results of diagnostic assessments administered to	739
kindergarten students as required under section 3301.0715 of the	740
Revised Code to permit a comparison of the academic readiness of	741
kindergarten students. However, no district shall be required to	742
report to the department the results of any diagnostic assessment	743
administered to a kindergarten student if the parent of that	744
student requests the district not to report those results.	745

(2) Personnel and classroom enrollment data for each school	746
district, including:	747

(a) The total numbers of licensed employees and nonlicensed	748
employees and the numbers of full-time equivalent licensed	749
employees and nonlicensed employees providing each category of	750
instructional service, instructional support service, and	751
administrative support service used pursuant to division (C)(3) of	752
this section. The guidelines adopted under this section shall	753
require these categories of data to be maintained for the school	754
district as a whole and, wherever applicable, for each grade in	755
the school district as a whole, for each school building as a	756
whole, and for each grade in each school building.	757

(b) The total number of employees and the number of full-time	758
equivalent employees providing each category of service used	759
pursuant to divisions (C)(4)(a) and (b) of this section, and the	760
total numbers of licensed employees and nonlicensed employees and	761
the numbers of full-time equivalent licensed employees and	762
nonlicensed employees providing each category used pursuant to	763
division (C)(4)(c) of this section. The guidelines adopted under	764
this section shall require these categories of data to be	765
maintained for the school district as a whole and, wherever	766
applicable, for each grade in the school district as a whole, for	767
each school building as a whole, and for each grade in each school	768
building.	769

(c) The total number of regular classroom teachers teaching	770
classes of regular education and the average number of pupils	771
enrolled in each such class, in each of grades kindergarten	772
through five in the district as a whole and in each school	773
building in the school district.	774

(3)(a) Student demographic data for each school district,	775
including information regarding the gender ratio of the school	776
district's pupils, the racial make-up of the school district's	777
pupils, the number of limited English proficient students in the	778
district, and an appropriate measure of the number of the school	779
district's pupils who reside in economically disadvantaged	780
households. The demographic data shall be collected in a manner to	781
allow correlation with data collected under division (B)(1) of	782
this section. Categories for data collected pursuant to division	783
(B)(3) of this section shall conform, where appropriate, to	784
standard practices of agencies of the federal government.	785

(b) With respect to each student entering kindergarten,	786
whether the student previously participated in a public preschool	787
program, a private preschool program, or a head start program, and	788
the number of years the student participated in each of these	789
programs.	790

(4) Any data required to be collected pursuant to federal	791
law.	792

(C) The education management information system shall include	793
cost accounting data for each district as a whole and for each	794
school building in each school district. The guidelines adopted	795
under this section shall require the cost data for each school	796
district to be maintained in a system of mutually exclusive cost	797
units and shall require all of the costs of each school district	798
to be divided among the cost units. The guidelines shall require	799
the system of mutually exclusive cost units to include at least	800
the following:	801

(1) Administrative costs for the school district as a whole.	802
The guidelines shall require the cost units under this division	803
(C)(1) to be designed so that each of them may be compiled and	804
reported in terms of average expenditure per pupil in formula ADM	805
in the school district, as determined pursuant to section 3317.03	806
of the Revised Code.	807

(2) Administrative costs for each school building in the	808
school district. The guidelines shall require the cost units under	809
this division (C)(2) to be designed so that each of them may be	810
compiled and reported in terms of average expenditure per	811
full-time equivalent pupil receiving instructional or support	812
services in each building.	813

(3) Instructional services costs for each category of	814
instructional service provided directly to students and required	815
by guidelines adopted pursuant to division (B)(1)(a) of this	816
section. The guidelines shall require the cost units under	817
division (C)(3) of this section to be designed so that each of	818
them may be compiled and reported in terms of average expenditure	819
per pupil receiving the service in the school district as a whole	820
and average expenditure per pupil receiving the service in each	821
building in the school district and in terms of a total cost for	822
each category of service and, as a breakdown of the total cost, a	823
cost for each of the following components:	824

(a) The cost of each instructional services category required	825
by guidelines adopted under division (B)(1)(a) of this section	826
that is provided directly to students by a classroom teacher;	827

(b) The cost of the instructional support services, such as	828
services provided by a speech-language pathologist, classroom	829
aide, multimedia aide, or librarian, provided directly to students	830
in conjunction with each instructional services category;	831

(c) The cost of the administrative support services related	832
to each instructional services category, such as the cost of	833
personnel that develop the curriculum for the instructional	834
services category and the cost of personnel supervising or	835
coordinating the delivery of the instructional services category.	836

(4) Support or extracurricular services costs for each	837
category of service directly provided to students and required by	838
guidelines adopted pursuant to division (B)(1)(b) of this section.	839
The guidelines shall require the cost units under division (C)(4)	840
of this section to be designed so that each of them may be	841
compiled and reported in terms of average expenditure per pupil	842
receiving the service in the school district as a whole and	843
average expenditure per pupil receiving the service in each	844
building in the school district and in terms of a total cost for	845
each category of service and, as a breakdown of the total cost, a	846
cost for each of the following components:	847

(a) The cost of each support or extracurricular services	848
category required by guidelines adopted under division (B)(1)(b)	849
of this section that is provided directly to students by a	850
licensed employee, such as services provided by a guidance	851
counselor or any services provided by a licensed employee under a	852
supplemental contract;	853

(b) The cost of each such services category provided directly	854
to students by a nonlicensed employee, such as janitorial	855
services, cafeteria services, or services of a sports trainer;	856

(c) The cost of the administrative services related to each	857
services category in division (C)(4)(a) or (b) of this section,	858
such as the cost of any licensed or nonlicensed employees that	859
develop, supervise, coordinate, or otherwise are involved in	860
administering or aiding the delivery of each services category.	861

(D)(1) The guidelines adopted under this section shall	862
require school districts to collect information about individual	863
students, staff members, or both in connection with any data	864
required by division (B) or (C) of this section or other reporting	865
requirements established in the Revised Code. The guidelines may	866
also require school districts to report information about	867
individual staff members in connection with any data required by	868
division (B) or (C) of this section or other reporting	869
requirements established in the Revised Code. The guidelines shall	870
not authorize school districts to request social security numbers	871
of individual students. The guidelines shall prohibit the	872
reporting under this section of a student's name, address, and	873
social security number to the state board of education or the	874
department of education. The guidelines shall also prohibit the	875
reporting under this section of any personally identifiable	876
information about any student, except for the purpose of assigning	877
the data verification code required by division (D)(2) of this	878
section, to any other person unless such person is employed by the	879
school district or the data acquisition site operated under	880
section 3301.075 of the Revised Code and is authorized by the	881
district or acquisition site to have access to such information.	882
The guidelines may require school districts to provide the social	883
security numbers of individual staff members.	884

(2) The guidelines shall provide for each school district or	885
community school to assign a data verification code that is unique	886
on a statewide basis over time to each student whose initial Ohio	887
enrollment is in that district or school and to report all	888
required individual student data for that student utilizing such	889
code. The guidelines shall also provide for assigning data	890
verification codes to all students enrolled in districts or	891
community schools on the effective date of the guidelines	892
established under this section.	893

Individual student data shall be reported to the department	894
through the data acquisition sites utilizing the code but at no	895
time shall the state board or the department have access to	896
information that would enable any data verification code to be	897
matched to personally identifiable student data.	898

Each school district shall ensure that the data verification	899
code is included in the student's records reported to any	900
subsequent school district or community school in which the	901
student enrolls and shall remove all references to the code in any	902
records retained in the district or school that pertain to any	903
student no longer enrolled. Any such subsequent district or school	904
shall utilize the same identifier in its reporting of data under	905
this section.	906

(E) The guidelines adopted under this section may require	907
school districts to collect and report data, information, or	908
reports other than that described in divisions (A), (B), and (C)	909
of this section for the purpose of complying with other reporting	910
requirements established in the Revised Code. The other data,	911
information, or reports may be maintained in the education	912
management information system but are not required to be compiled	913
as part of the profile formats required under division (G) of this	914
section or the annual statewide report required under division (H)	915
of this section.	916

(F) Beginning with the school year that begins July 1, 1991,	917
the board of education of each school district shall annually	918
collect and report to the state board, in accordance with the	919
guidelines established by the board, the data required pursuant to	920
this section. A school district may collect and report these data	921
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	922

(G) The state board shall, in accordance with the procedures	923
it adopts, annually compile the data reported by each school	924
district pursuant to division (D) of this section. The state board	925
shall design formats for profiling each school district as a whole	926
and each school building within each district and shall compile	927
the data in accordance with these formats. These profile formats	928
shall:	929

(1) Include all of the data gathered under this section in a	930
manner that facilitates comparison among school districts and	931
among school buildings within each school district;	932

(2) Present the data on academic achievement levels as	933
assessed by the testing of student achievement maintained pursuant	934
to division (B)(1)(e)(d) of this section so that the academic	935
achievement levels of students who are excused from taking any	936
such test pursuant to division (C)(1) of section 3301.0711 of the	937
Revised Code are distinguished from the academic achievement	938
levels of students who are not so excused.	939

(H)(1) The state board shall, in accordance with the	940
procedures it adopts, annually prepare a statewide report for all	941
school districts and the general public that includes the profile	942
of each of the school districts developed pursuant to division (G)	943
of this section. Copies of the report shall be sent to each school	944
district.	945

(2) The state board shall, in accordance with the procedures	946
it adopts, annually prepare an individual report for each school	947
district and the general public that includes the profiles of each	948
of the school buildings in that school district developed pursuant	949
to division (G) of this section. Copies of the report shall be	950
sent to the superintendent of the district and to each member of	951
the district board of education.	952

(3) Copies of the reports received from the state board under	953
divisions (H)(1) and (2) of this section shall be made available	954
to the general public at each school district's offices. Each	955
district board of education shall make copies of each report	956
available to any person upon request and payment of a reasonable	957
fee for the cost of reproducing the report. The board shall	958
annually publish in a newspaper of general circulation in the	959
school district, at least twice during the two weeks prior to the	960
week in which the reports will first be available, a notice	961
containing the address where the reports are available and the	962
date on which the reports will be available.	963

(I) Any data that is collected or maintained pursuant to this	964
section and that identifies an individual pupil is not a public	965
record for the purposes of section 149.43 of the Revised Code.	966

(J) As used in this section:

967

(1) "School district" means any city, local, exempted	968
village, or joint vocational school district.	969

(2) "Cost" means any expenditure for operating expenses made	970
by a school district excluding any expenditures for debt	971
retirement except for payments made to any commercial lending	972
institution for any loan approved pursuant to section 3313.483 of	973
the Revised Code.	974

(K) Any person who removes data from the information system	975
established under this section for the purpose of releasing it to	976
any person not entitled under law to have access to such	977
information is subject to section 2913.42 of the Revised Code	978
prohibiting tampering with data.	979

(L) Any time the department of education determines that a	980
school district has taken any of the actions described under	981
division (L)(1), (2), or (3) of this section, it shall make a	982
report of the actions of the district, send a copy of the report	983
to the superintendent of such school district, and maintain a copy	984
of the report in its files:	985

(1) The school district fails to meet any deadline	986
established pursuant to this section for the reporting of any data	987
to the education management information system;	988

(2) The school district fails to meet any deadline	989
established pursuant to this section for the correction of any	990
data reported to the education management information system;	991

(3) The school district reports data to the education	992
management information system in a condition, as determined by the	993
department, that indicates that the district did not make a good	994
faith effort in reporting the data to the system.	995

Any report made under this division shall include	996
recommendations for corrective action by the school district.	997

Upon making a report for the first time in a fiscal year, the	998
department shall withhold ten per cent of the total amount due	999
during that fiscal year under Chapter 3317. of the Revised Code to	1000
the school district to which the report applies. Upon making a	1001
second report in a fiscal year, the department shall withhold an	1002
additional twenty per cent of such total amount due during that	1003
fiscal year to the school district to which the report applies.	1004
The department shall not release such funds unless it determines	1005
that the district has taken corrective action. However, no such	1006
release of funds shall occur if the district fails to take	1007
corrective action within forty-five days of the date upon which	1008
the report was made by the department.	1009

(M) The department of education, after consultation with the	1010
Ohio education computer network, may provide at no cost to school	1011
districts uniform computer software for use in reporting data to	1012
the education management information system, provided that no	1013
school district shall be required to utilize such software to	1014
report data to the education management information system if such	1015
district is so reporting data in an accurate, complete, and timely	1016
manner in a format compatible with that required by the education	1017
management information system.	1018

(N) The state board of education, in accordance with sections	1019
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1020
license as defined under division (A) of section 3319.31 of the	1021
Revised Code that has been issued to any school district employee	1022
found to have willfully reported erroneous, inaccurate, or	1023
incomplete data to the education management information system.	1024

(O) No person shall release or maintain any information about	1025
any student in violation of this section. Whoever violates this	1026
division is guilty of a misdemeanor of the fourth degree.	1027

(P) The department shall disaggregate the data collected	1028
under division (B)(1)(o) of this section according to the race and	1029
socioeconomic status of the students assessed. No data collected	1030
under that division shall be included on the report cards required	1031
by section 3302.03 of the Revised Code.	1032

(Q) If the department cannot compile any of the information	1033
required by division (D)(C)(5) of section 3302.03 of the Revised	1034
Code based upon the data collected under this section, the	1035
department shall develop a plan and a reasonable timeline for the	1036
collection of any data necessary to comply with that division.	1037

Sec. 3301.0715.  (A) Except as provided in division (E) of	1038
this section, the board of education of each city, local, and	1039
exempted village school district shall administer each applicable	1040
diagnostic assessment developed and provided to the district in	1041
accordance with section 3301.079 of the Revised Code to measure	1042
student progress toward the attainment of academic standards for	1043
grades kindergarten through two in reading, writing, and	1044
mathematics and for grades three through eight in reading,	1045
writing, mathematics, science, and social studies the following:	1046

(1) Each student enrolled in a building subject to division	1047
(E) of section 3302.04 of the Revised Code;	1048

(2) Any student who transfers into the district or to a	1049
different school within the district, within thirty days after the	1050
date of transfer;	1051

(3) Each kindergarten student, within six weeks after the	1052
first day of school. For the purpose of division (A)(3) of this	1053
section, the district shall administer the kindergarten readiness	1054
assessment provided by the department of education.	1055

(4) Each student enrolled in first or second grade.

1056

(B) Each district board shall administer each diagnostic	1057
assessment as the board deems appropriate. However, the board	1058
shall administer any diagnostic assessment at least once annually	1059
to all students in the appropriate grade level. A district board	1060
may administer any diagnostic assessment in the fall and spring of	1061
a school year to measure the "value added"amount of academic	1062
growth attributable to the instruction received by students during	1063
that school year.	1064

(C) Each district board shall utilize and score any	1065
diagnostic assessment administered under division (A) of this	1066
section in accordance with rules established by the department of	1067
education. Except as required by division (B)(1)(o) of section	1068
3301.0714 of the Revised Code, neither the state board of	1069
education nor the department shall require school districts to	1070
report the results of diagnostic assessments for any students to	1071
the department or to make any such results available in any form	1072
to the public. After the administration of any diagnostic	1073
assessment, each district shall provide a student's completed	1074
diagnostic assessment, the results of such assessment, and any	1075
other accompanying documents used during the administration of the	1076
assessment to the parent of that student upon the parent's	1077
request.	1078

(D) Each district board shall provide intervention services	1079
to students whose diagnostic assessments show that they are	1080
failing to make satisfactory progress toward attaining the	1081
academic standards for their grade level.	1082

(E) Any district declared excellent under section 3302.03 of	1083
the Revised Codethat made adequate yearly progress, as defined in	1084
section 3302.01 of the Revised Code, in the immediately preceding	1085
school year may assess student progress in grades one through	1086
eight using a diagnostic assessment other than the diagnostic	1087
assessment required by division (A) of this section.	1088

(F) Within thirty days after a student transfers into a	1089
school district or to a different school within the same district,	1090
the district shall administer each diagnostic assessment required	1091
under division (A) of this section to the studentA district board	1092
may administer any diagnostic assessment provided to the district	1093
in accordance with section 3301.079 of the Revised Code to any	1094
student enrolled in a building that is not subject to division	1095
(A)(1) of this section. Any district electing to administer	1096
diagnostic assessments to students under this division shall	1097
provide intervention services to any such student whose diagnostic	1098
assessment shows unsatisfactory progress toward attaining the	1099
academic standards for the student's grade level.	1100

Sec. 3301.801. (A) The Ohio SchoolNet commission shall create	1101
and maintain a clearinghouse for classroom teachers, including any	1102
classroom teachers employed by community schools established under	1103
Chapter 3314. of the Revised Code, to easily obtain lesson plans	1104
and materials and other practical resources for use in classroom	1105
teaching. The commission shall develop a method of obtaining	1106
submissions, from classroom teachers and others, of such plans,	1107
materials, and other resources that have been used in the	1108
classroom and that can be readily used and implemented by	1109
classroom teachers in their regular teaching activities. The	1110
commission also shall develop methods of informing classroom	1111
teachers of both the availability of such plans, materials, and	1112
other resources, and of the opportunity to submit such plans,	1113
materials, and other resources and other classroom teaching ideas	1114
to the clearinghouse.	1115

The department of education shall regularly identify	1116
research-based practices concerned with scheduling and allotting	1117
instructional time and submit such practices to the commission for	1118
inclusion in the clearinghouse.	1119

The commission shall periodically report to the speaker and	1120
minority leader of the house of representatives, the president and	1121
minority leader of the senate, and the chairpersons and ranking	1122
minority members of the education committees of the senate and the	1123
house of representatives regarding the clearinghouse and make	1124
recommendations for changes in state law or administrative rules	1125
that may facilitate the usefulness of the clearinghouse.	1126

(B) Not later than one year after the effective date of this	1127
amendment, the department of education shall identify research	1128
studies on academic intervention and prevention practices that	1129
have been successful in improving the academic performance of	1130
students from different ethnic and socioeconomic groups, develop	1131
an annotated bibliography of such studies, and provide that	1132
bibliography to the Ohio SchoolNet commission. The commission	1133
shall promptly make the bibliography available to school districts	1134
as a part of the clearinghouse established under this section.	1135

Sec. 3301.91.  (A) The OhioReads council's responsibilities	1136
include, but are not limited to, the following:	1137

(1) Advising and consenting to the superintendent of public	1138
instruction's appointments to the position of executive director	1139
of the OhioReads office;	1140

(2) Evaluating the effectiveness of the OhioReads initiative	1141
established by this section and sections 3301.86 and 3301.87 of	1142
the Revised Code and conducting annual evaluations beginning in	1143
fiscal year 2002;	1144

(3) Developing a strategic plan for identifying, recruiting,	1145
training, qualifying, and placing volunteers for the OhioReads	1146
initiative;	1147

(4) Establishing standards for the awarding of classroom	1148
reading grants under section 3301.86 of the Revised Code and	1149
community reading grants under section 3301.87 of the Revised	1150
Code, including eligibility criteria, grant amounts, purposes for	1151
which grants may be used, and administrative, programmatic, and	1152
reporting requirements;	1153

(5) Awarding classroom reading grants and community reading	1154
grants to be paid by the OhioReads office under sections 3301.86	1155
and 3301.87 of the Revised Code;	1156

(6) Establishing guidelines for and overseeing the general	1157
responsibilities and mission of the executive director of the	1158
OhioReads office;	1159

(7) Adopting rules pursuant to Chapter 119. of the Revised	1160
Code to establish standards required under sections 3301.86 and	1161
3301.87 of the Revised Code.	1162

(B) In performing its duties, the council shall, to the	1163
extent practicable:	1164

(1) Give primary consideration to the safety and well-being	1165
of children participating in the OhioReads initiative;	1166

(2) Maximize the use of resources to improve reading	1167
outcomes, especially the fourth grade reading proficiency test	1168
established under former division (A)(1) of section 3301.0710 of	1169
the Revised Code, as it existed prior to September 11, 2001, and	1170
the third grade reading achievement test established under	1171
division (A)(1)(a) of section 3301.0710 of the Revised Code;	1172

(3) Identify and maximize relevant federal and state	1173
resources to leverage OhioReads resources and related programs;	1174

(4) Focus on early reading intervention strategies,	1175
professional development, and parental involvement;	1176

(5) Give priority to programs recognized as promising	1177
educational practices for accelerating student achievement,	1178
including, but not limited to, programs primarily using volunteers	1179
and programs that may have been reviewed by the education	1180
commission of the states.	1181

Sec. 3302.01.  As used in this chapter:

1182

(A) "Dropout" means a student who withdraws from school	1183
before completing course requirements for graduation and who is	1184
not enrolled in an education program approved by the state board	1185
of education or an education program outside the state. "Dropout"	1186
does not include a student who has departed the country.	1187

(B) "Graduation rate" means a calculation of the percentage	1188
of ninth grade students who graduate by the end of the summer	1189
following their twelfth grade year. The graduation rate is the	1190
ratio of the students receiving a diploma to the number of	1191
students who entered ninth grade four years earlier. Students who	1192
transfer into the district are added to the calculation. Students	1193
who transfer out of the district for reasons other than dropout	1194
are subtracted from the calculation. Students who do not graduate	1195
within four years but who continue their high school education in	1196
the following year in the same school district are removed from	1197
the calculation for the year in which they would have graduated	1198
and are added to the calculation for the following year's	1199
graduating class as if the student had entered ninth grade four	1200
years before the intended graduation date of that class. In each	1201
subsequent year that such students do not graduate but continue	1202
their high school education uninterrupted in the same school	1203
district, such students shall be reassigned to the district's	1204
graduation rate for that year by assuming that the students	1205
entered ninth grade four years before the date of the intended	1206
graduation. If a student who was a dropout in any previous year	1207
returns to the same school district, that student shall be entered	1208
into the calculation as if the student had entered ninth grade	1209
four years before the graduation year of the graduating class that	1210
the student joins.	1211

(C) "Attendance rate" means the ratio of the number of	1212
students actually in attendance over the course of a school year	1213
to the number of students who were required to be in attendance	1214
that school year, as calculated pursuant to rules of the	1215
superintendent of public instruction.	1216

(D) "Three-year average" means the average of the most recent	1217
consecutive three school years of data.	1218

(E) "Required level of improvement" means at least one	1219
standard unit of improvement on at least the percentage of	1220
performance standards required to demonstrate overall improvement,	1221
in accordance with the rule approved under division (A) of section	1222
3302.04 of the Revised Code"Performance index score" means the	1223
average of the totals derived from calculations for each subject	1224
area of reading, writing, mathematics, science, and social studies	1225
of the weighted proportion of untested students and students	1226
scoring at each level of skill described in division (A)(2) of	1227
section 3301.0710 of the Revised Code on the tests prescribed by	1228
divisions (A) and (B) of that section. The department of education	1229
shall assign weights such that students who do not take a test	1230
receive a weight of zero and students who take a test receive	1231
progressively larger weights dependent upon the level of skill	1232
attained on the test. The department shall also determine the	1233
performance index score a school district or building needs to	1234
achieve for the purpose of the performance ratings assigned	1235
pursuant to section 3302.03 of the Revised Code.	1236

Students shall be included in the "performance index score"	1237
in accordance with division (D)(2) of section 3302.03 of the	1238
Revised Code.	1239

(F) "Subgroup" means a subset of the entire student	1240
population of the state, a school district, or a school building	1241
and includes each of the following:	1242

(1) Major racial and ethnic groups;

1243

(2) Students with disabilities;

1244

(3) Economically disadvantaged students;

1245

(4) Limited English proficient students.

1246

(G) "Other academic indicators" means measures of student	1247
academic performance other than scores on tests administered under	1248
section 3301.0710 of the Revised Code, which shall be the	1249
attendance rate for elementary and middle schools and the	1250
graduation rate for high schools.	1251

(H) "Annual measurable objective" means the yearly percentage	1252
of students, which shall be established by the state board, who	1253
must score at or above the proficient level on tests established	1254
under section 3301.0710 of the Revised Code in reading and	1255
mathematics administered to their grade level for a school	1256
district or a school building to be deemed to have made sufficient	1257
progress for that school year toward the goal of having all	1258
students scoring at or above the proficient level on such tests by	1259
June 30, 2014. For the school year that begins July 1, 2003, the	1260
state board shall establish an "annual measurable objective" in	1261
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1262
1425, 20 U.S.C. 6311. In the school year following the first	1263
administration of each test established under section 3301.0710 of	1264
the Revised Code, the state board shall use the results from such	1265
tests to make any necessary adjustments in the applicable annual	1266
measurable objective.	1267

(I) "Adequate yearly progress," as required by the "No Child	1268
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a	1269
measure of annual academic performance. "Adequate yearly progress"	1270
is made by a school district or a school building when, in	1271
accordance with division (D)(2) of section 3302.03 of the Revised	1272
Code, the district or building satisfies either divisions (I)(1)	1273
and (2) of this section or divisions (I)(1) and (3) of this	1274
section in the applicable school year:	1275

(1) At least ninety-five per cent of the total student	1276
population and of each subgroup enrolled in the district or	1277
building at the time of the test administration takes each test in	1278
reading and mathematics prescribed by section 3301.0710 of the	1279
Revised Code that is administered to their grade level, except	1280
that this requirement shall not apply to any subgroup in the	1281
district or building that contains less than forty students. Those	1282
students taking a test with accommodations or an alternate	1283
assessment pursuant to division (C) of section 3301.0711 of the	1284
Revised Code shall be counted as taking that test for the purposes	1285
of this division.	1286

(2) The total student population and each subgroup in the	1287
district or building, as defined in division (D)(2) of section	1288
3302.03 of the Revised Code, meets or exceeds the annual	1289
measurable objective for that school year in reading and	1290
mathematics based upon data from the current school year or a	1291
three-year average of data and the district or building meets or	1292
exceeds the minimum threshold or makes progress on the other	1293
academic indicators for that school year. In calculating whether a	1294
district or building satisfies this division, the department shall	1295
include any subgroup in the district or building that contains	1296
thirty or more students, except that the department shall not	1297
include the subgroup described in division (F)(2) of this section	1298
unless such subgroup contains forty-five or more students. The	1299
determination of students in the subgroup described in division	1300
(F)(2) of this section who are not required to score at or above	1301
the proficient level on tests established under section 3301.0710	1302
of the Revised Code for the purpose of determining whether a	1303
district or building satisfies this division shall comply with	1304
federal statutes, rules, and regulations.	1305

(3) If the performance of the total student population or any	1306
subgroup in the district or building results in the failure of the	1307
district or building to satisfy division (I)(2) of this section,	1308
the district or building shall fulfill both of the following	1309
requirements with respect to the total student population or any	1310
pertinent subgroup:	1311

(a) The percentage of students scoring below the proficient	1312
level on the applicable tests in the total student population or	1313
subgroup decreases by at least ten per cent from the percentage of	1314
such students in the total student population or subgroup in the	1315
preceding school year or from the average percentage of such	1316
students in the total student population or subgroup in the two	1317
preceding school years.	1318

(b) The total student population or subgroup meets or exceeds	1319
the minimum threshold on the other academic indicators for that	1320
school year or makes progress toward meeting the minimum threshold	1321
on one of the other academic indicators for that school year.	1322

(J) "Supplemental educational services" means additional	1323
academic assistance, such as tutoring, remediation, or other	1324
educational enrichment activities, that is conducted outside of	1325
the regular school day by a provider approved by the department in	1326
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1327
1425, 20 U.S.C. 6316.	1328

(K) "Value-added progress dimension" means a measure of	1329
academic gain for a student or group of students over a specific	1330
period of time that is calculated by applying a statistical	1331
methodology to individual student achievement data derived from	1332
the achievement tests prescribed by section 3301.0710 of the	1333
Revised Code.	1334

Sec. 3302.02.  The state board of education annually through	1335
20062007, and every six years thereafter, shall establish at	1336
least seventeen performance indicators for the report cards	1337
required by division (D)(C) of section 3302.03 of the Revised	1338
Code. In establishing these indicators, the state board shall	1339
consider inclusion of student performance on any tests given under	1340
section 3301.0710 or 3301.0712 of the Revised Code, rates of	1341
student improvement on such tests, student attendance, the breadth	1342
of coursework available within the district, and other indicators	1343
of student success. The state board shall notify all school	1344
districts of the selected performance indicators at least two	1345
years before they are included in the report cardinform the Ohio	1346
accountability task force established under section 3302.021 of	1347
the Revised Code of the performance indicators it establishes	1348
under this section and the rationale for choosing each indicator	1349
and for determining how a school district or building meets that	1350
indicator.	1351

The state board shall not establish any performance indicator	1352
for passage of the third or fourth grade reading test that is	1353
solely based on the test given in the fall for the purpose of	1354
determining whether students have met the reading guarantee	1355
provisions of section 3313.608 of the Revised Code.	1356

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1357
later than July 1, 2007, the department of education shall	1358
implement a value-added progress dimension for school districts	1359
and buildings and shall incorporate the value-added progress	1360
dimension into the report cards and performance ratings issued for	1361
districts and buildings under section 3302.03 of the Revised Code.	1362

The state board of education shall adopt rules, pursuant to	1363
Chapter 119. of the Revised Code, for the implementation of the	1364
value-added progress dimension. In adopting rules, the state board	1365
shall consult with the Ohio accountability task force established	1366
under division (D) of this section. The rules adopted under this	1367
division shall specify both of the following:	1368

(1) A scale for describing the levels of academic progress in	1369
reading and mathematics relative to a standard year of academic	1370
growth in those subjects for each of grades three through eight;	1371

(2) That the department shall maintain the confidentiality of	1372
individual student test scores and individual student reports in	1373
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1374
Revised Code and federal law. The department may require school	1375
districts to use a unique identifier for each student for this	1376
purpose. Individual student test scores and individual student	1377
reports shall be made available only to a student's classroom	1378
teacher and other appropriate educational personnel and to the	1379
student's parent or guardian.	1380

(B) The department shall use a system designed for collecting	1381
necessary data, calculating the value-added progress dimension,	1382
analyzing data, and generating reports, which system has been used	1383
previously by a non-profit organization led by the Ohio business	1384
community for at least one year in the operation of a pilot	1385
program in cooperation with school districts to collect and report	1386
student achievement data via electronic means and to provide	1387
information to the districts regarding the academic performance of	1388
individual students, grade levels, school buildings, and the	1389
districts as a whole.	1390

(C) The department shall not pay more than two dollars per	1391
student for data analysis and reporting to implement the	1392
value-added progress dimension in the same manner and with the	1393
same services as under the pilot program described by division (B)	1394
of this section. However, nothing in this section shall preclude	1395
the department or any school district from entering into a	1396
contract for the provision of more services at a higher fee per	1397
student.	1398

(D)(1) There is hereby established the Ohio accountability	1399
task force. The task force shall consist of the following thirteen	1400
members:	1401

(a) The chairpersons and ranking minority members of the	1402
house of representatives and senate standing committees primarily	1403
responsible for education legislation, who shall be nonvoting	1404
members;	1405

(b) One representative of the governor's office, appointed by	1406
the governor;	1407

(c) The superintendent of public instruction, or the	1408
superintendent's designee;	1409

(d) One representative of teacher employee organizations	1410
formed pursuant to Chapter 4117. of the Revised Code, appointed by	1411
the speaker of the house of representatives;	1412

(e) One representative of school district boards of	1413
education, appointed by the president of the senate;	1414

(f) One school district superintendent, appointed by the	1415
speaker of the house of representatives;	1416

(g) One representative of business, appointed by the	1417
president of the senate;	1418

(h) One representative of a non-profit organization led by	1419
the Ohio business community, appointed by the governor;	1420

(i) One school building principal, appointed by the president	1421
of the senate;	1422

(j) A member of the state board of education, appointed by	1423
the speaker of the house.	1424

Initial appointed members of the task force shall serve until	1425
January 1, 2005. Thereafter, terms of office for appointed members	1426
shall be for two years, each term ending on the same day of the	1427
same month as did the term that it succeeds. Each appointed member	1428
shall hold office from the date of appointment until the end of	1429
the term for which the member was appointed. Members may be	1430
reappointed. Vacancies shall be filled in the same manner as the	1431
original appointment. Any member appointed to fill a vacancy	1432
occurring prior to the expiration of the term for which the	1433
member's predecessor was appointed shall hold office for the	1434
remainder of that term.	1435

The task force shall select from among its members a	1436
chairperson. The task force shall meet at least six times each	1437
calendar year and at other times upon the call of the chairperson	1438
to conduct its business. Members of the task force shall serve	1439
without compensation.	1440

(2) The task force shall do all of the following:

1441

(a) Examine the implementation of the value-added progress	1442
dimension by the department, including the system described in	1443
division (B) of this section, the reporting of performance data to	1444
school districts and buildings, and the provision of professional	1445
development on the interpretation of the data to classroom	1446
teachers and administrators;	1447

(b) Periodically review any fees for data analysis and	1448
reporting paid by the department pursuant to division (C) of this	1449
section and determine if the fees are appropriate based upon the	1450
level of services provided;	1451

(c) Periodically report to the department and the state board	1452
on all issues related to the school district and building	1453
accountability system established under this chapter;	1454

(d) Not later than seven years after its initial meeting,	1455
make recommendations to improve the school district and building	1456
accountability system established under this chapter. The task	1457
force shall adopt recommendations by a majority vote of its	1458
members. Copies of the recommendations shall be provided to the	1459
state board, the governor, the speaker of the house of	1460
representatives, and the president of the senate.	1461

(e) Determine starting dates for the implementation of the	1462
value-added progress dimension and its incorporation into school	1463
district and building report cards and performance ratings.	1464

Sec. 3302.03.  (A) Annually the department of education shall	1465
report for each school district theand each school building in a	1466
district all of the following:	1467

(1) The extent to which itthe school district or building	1468
meets each of the applicable performance indicators created by the	1469
state board of education under section 3302.02 of the Revised Code	1470
and shall specify for each such district the number of applicable	1471
performance indicators that have been achieved and whether;	1472

(2) The performance index score of the school district or	1473
building;	1474

(3) Whether the school district or building has made adequate	1475
yearly progress;	1476

(4) Whether the school district or building is an excellent	1477
school district, an effective school district, needs continuous	1478
improvement, is under an academic watch, or is in a state of	1479
academic emergency.	1480

When possible, the department shall also determine for each	1481
school building in a district the extent to which it meets any of	1482
the performance indicators applicable to the grade levels of the	1483
students in that school building and whether the school building	1484
is an excellent school, an effective school, needs continuous	1485
improvement, is under an academic watch, or is in a state of	1486
academic emergency.	1487

(B) If the state board establishes seventeen performance	1488
indicators applicable to a school district or building under	1489
section 3302.02 of the Revised Code:	1490

(1) A school district or building shall be declared excellent	1491
if it fulfills one of the following requirements:	1492

(a) It makes adequate yearly progress and either meets at	1493
least sixteenninety-four per cent of the applicable state	1494
performance indicators or has a performance index score	1495
established by the department.	1496

(b) It has failed to make adequate yearly progress for not	1497
more than two consecutive years and either meets at least	1498
ninety-four per cent of the applicable state performance	1499
indicators or has a performance index score established by the	1500
department.	1501

(2) A school district or building shall be declared effective	1502
if it fulfills one of the following requirements:	1503

(a) It makes adequate yearly progress and either meets	1504
thirteen through fifteenat least seventy-five per cent but less	1505
than ninety-four per cent of the applicable state performance	1506
indicators or has a performance index score established by the	1507
department.	1508

(b) It does not make adequate yearly progress and either	1509
meets at least seventy-five per cent of the applicable state	1510
performance indicators or has a performance index score	1511
established by the department, except that if it does not make	1512
adequate yearly progress for three consecutive years, it shall be	1513
declared in need of continuous improvement.	1514

(3) A school district or building shall be declared to be in	1515
need of continuous improvement if it fulfills one of the following	1516
requirements:	1517

(a) It makes adequate yearly progress, meets more than eight	1518
but less than thirteenless than seventy-five per cent of the	1519
applicable state performance indicators, and has a performance	1520
index score established by the department.	1521

(b) It does not make adequate yearly progress and either	1522
meets at least fifty per cent but less than seventy-five per cent	1523
of the applicable state performance indicators or has a	1524
performance index score established by the department.	1525

(4) A school district or building shall be declared to be	1526
under an academic watch if it does not make adequate yearly	1527
progress and either meets more than five but not more than eight	1528
at least thirty-one per cent but less than fifty per cent of the	1529
applicable state performance indicators or has a performance index	1530
score established by the department.	1531

(5) A school district or building shall be declared to be in	1532
a state of academic emergency if it does not make adequate yearly	1533
progress, does not meet more than fiveat least thirty-one per	1534
cent of the applicable state performance indicators, and has a	1535
performance index score established by the department.	1536

(C) If the state board establishes more than seventeen	1537
performance indicators under section 3302.02 of the Revised Code,	1538
or if less than seventeen performance indicators are applicable to	1539
a school building, the state board shall establish the number of	1540
indicators that must be met in order for a district or building to	1541
be designated as excellent, effective, needs continuous	1542
improvement, is under an academic watch, or is in a state of	1543
academic emergency. The number established for each such category	1544
under this division shall bear a similar relationship to the total	1545
number of indicators as the number of indicators required for the	1546
respective categories stated in division (B) of this section bears	1547
to seventeen.	1548

(D)(1) The department shall issue annual report cards for	1549
each school district, each building within each district, and for	1550
the state as a whole reflecting performance on the indicators	1551
created by the state board under section 3302.02 of the Revised	1552
Code, the performance index score, and adequate yearly progress.	1553

(2) The department shall include on the report card for each	1554
district information pertaining to any change from the previous	1555
year made by the school district or school buildings within the	1556
district on any performance indicator.	1557

(3) When reporting data on student performance, the	1558
department shall disaggregate that data according to the following	1559
categories:	1560

(a) Performance of students by age group;

1561

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

1562

(c) Performance of students by gender;

1563

(d) Performance of students grouped by those who have been	1564
enrolled in a district or school for three or more years;	1565

(e) Performance of students grouped by those who have been	1566
enrolled in a district or school for more than one year and less	1567
than three years;	1568

(f) Performance of students grouped by those who have been	1569
enrolled in a district or school for one year or less;	1570

(g) Performance of students grouped by those who are	1571
classified as vocational education students pursuant to guidelines	1572
adopted by the department for purposes of this division;	1573

(h) Performance of students grouped by those who are	1574
economically disadvantaged, to the extent that such data is	1575
available from the education management information system	1576
established under section 3301.0714 of the Revised Code;	1577

(i)(h) Performance of students grouped by those who are	1578
enrolled in a conversion community school established under	1579
Chapter 3314. of the Revised Code;	1580

(i) Performance of students grouped by those who are	1581
classified as limited English proficient;	1582

(j) Performance of students grouped by those who have	1583
disabilities;	1584

(k) Performance of students grouped by those who are	1585
classified as migrants;	1586

(l) Performance of students grouped by those who are	1587
identified as gifted pursuant to Chapter 3324. of the Revised	1588
Code.	1589

The department may disaggregate data on student performance	1590
according to other categories that the department determines are	1591
appropriate. To the extent possible, the department shall	1592
disaggregate data on student performance according to any	1593
combinations of two or more of the categories listed in divisions	1594
(C)(3)(a) to (l) of this section that it deems relevant.	1595

In reporting data pursuant to division (D)(C)(3) of this	1596
section, the department shall not include in the report cards any	1597
data statistical in nature that is statistically unreliable or	1598
that could result in the identification of individual students.	1599
For this purpose, the department shall not report student	1600
performance data for any group identified in division (C)(3) of	1601
this section that contains less than ten students.	1602

(4) The department may include with the report cards any	1603
additional education and fiscal performance data it deems	1604
valuable.	1605

(5) The department shall include on each report card a list	1606
of additional information collected by the department that is	1607
available regarding the district or building for which the report	1608
card is issued. When available, such additional information shall	1609
include student mobility data disaggregated by race and	1610
socioeconomic status, college enrollment data, and the reports	1611
prepared under section 3302.031 of the Revised Code.	1612

The department shall maintain a site on the world wide web.	1613
The report card shall include the address of the site and shall	1614
specify that such additional information is available to the	1615
public at that site. The department shall also provide a copy of	1616
each item on the list to the superintendent of each school	1617
district. The district superintendent shall provide a copy of any	1618
item on the list to anyone who requests it.	1619

(6) For any district that sponsors a conversion community	1620
school under Chapter 3314. of the Revised Code, the department	1621
shall combine data regarding the academic performance of students	1622
enrolled in the community school with comparable data from the	1623
schools of the district for the purpose of calculating the	1624
performance of the district as a whole on the report card issued	1625
for the district.	1626

(E)(7) The department shall include on each report card the	1627
percentage of teachers in the district or building who are highly	1628
qualified, as defined by the "No Child Left Behind Act of 2001,"	1629
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	1630
percentage with the percentages of such teachers in similar	1631
districts and buildings.	1632

(D)(1) In calculating reading, writing, mathematics, social	1633
studies, or science proficiency or achievement test passage rates	1634
used to determine school district or building performance under	1635
this section, the department shall include all students taking a	1636
test with accommodation or to whom an alternate assessment is	1637
administered pursuant to division (C)(1) or (3) of section	1638
3301.0711 of the Revised Code, but shall not include any student	1639
excused from taking a test pursuant to division (C)(3) of that	1640
section, whether or not the student chose to take the test	1641
voluntarily in spite of the exemption granted in that division.	1642

(2) In calculating performance index scores, rates of	1643
achievement on the performance indicators established by the state	1644
board under section 3302.02 of the Revised Code, and adequate	1645
yearly progress for school districts and buildings under this	1646
section, the department shall do both of the following:	1647

(a) Include for each district or building only those students	1648
who are included in the ADM certified for the first full school	1649
week of October and are continuously enrolled in the district or	1650
building through the time of the spring administration of any test	1651
prescribed by section 3301.0710 of the Revised Code that is	1652
administered to the student's grade level;	1653

(b) Include cumulative totals from both the fall and spring	1654
administrations of the third grade reading achievement test.	1655

Sec. 3302.031. In addition to the report cards required under	1656
section 3302.03 of the Revised Code, the department of education	1657
shall annually prepare the following reports for each school	1658
district and make a copy of each report available to the	1659
superintendent of each district:	1660

(A) A funding and expenditure accountability report which	1661
shall consist of the amount of state aid payments the school	1662
district will receive during the fiscal year under Chapter 3317.	1663
of the Revised Code and any other fiscal data the department	1664
determines is necessary to inform the public about the financial	1665
status of the district;	1666

(B) A school safety and discipline report which shall consist	1667
of statistical information regarding student safety and discipline	1668
in each school building, including the number of suspensions and	1669
expulsions disaggregated according to race and gender;	1670

(C) A student equity report which shall consist of at least a	1671
description of the status of teacher qualifications, library and	1672
media resources, textbooks, classroom materials and supplies, and	1673
technology resources for each district. To the extent possible,	1674
the information included in the report required under this	1675
division shall be disaggregated according to grade level, race,	1676
gender, disability, and scores attained on tests required under	1677
section 3301.0710 of the Revised Code.	1678

(D) A school enrollment report which shall consist of	1679
information about the composition of classes within each district	1680
by grade and subject disaggregated according to race, gender, and	1681
scores attained on tests required under section 3301.0710 of the	1682
Revised Code;	1683

(E) A student retention report which shall consist of the	1684
number of students retained in their respective grade levels in	1685
the district disaggregated by grade level, subject area, race,	1686
gender, and disability;	1687

(F) A school district performance report which shall describe	1688
for the district and each building within the district the extent	1689
to which the district or building meets each of the applicable	1690
performance indicators established under section 3302.02 of the	1691
Revised Code, the number of performance indicators that have been	1692
achieved, and the performance index score. In calculating the	1693
rates of achievement on the performance indicators and the	1694
performance index scores for each report, the department shall	1695
exclude all students with disabilities.	1696

Sec. 3302.04.  (A) The state board of education shall adopt a	1697
rule establishing both of the following:	1698

(1) A standard unit of improvement that any building within a	1699
district or school district would be required to achieve on a	1700
specific performance indicator that it failed to meet in order to	1701
be deemed to have made satisfactory improvement toward meeting	1702
that indicator.	1703

(2) The percentage of those performance indicators that a	1704
building within a district or a district did not meet, on which a	1705
building or district would be required to achieve the standard	1706
unit of improvement in order to be deemed to be making overall	1707
progress toward becoming an excellent building or district.	1708

The rule shall apply to determinations of school district	1709
improvement under division (B) of this sectionThe department of	1710
education shall establish a system of intensive, ongoing support	1711
for the improvement of school districts and school buildings. The	1712
system shall give priority to districts and buildings that have	1713
been declared to be under an academic watch or in a state of	1714
academic emergency under section 3302.03 of the Revised Code and	1715
shall include services provided to districts and buildings through	1716
regional service providers, such as educational service centers,	1717
regional professional development centers, and special education	1718
regional resource centers.	1719

(B) When a school district has been notified by the	1720
department pursuant to division (A) of section 3302.03 of the	1721
Revised Code that the district or a building within the district	1722
needs continuous improvement, is under an academic watch, or is in	1723
a state of academic emergencyhas failed to make adequate yearly	1724
progress for two consecutive school years, the district shall	1725
develop a three-year continuous improvement plan for the district	1726
or building containing an analysis of the reasons for the	1727
district's failure as a whole, or the failure of any buildings, to	1728
meet any of the indicators not met and specifying the strategies	1729
the district will use and the resources it will allocate to	1730
address the problem. Copies of the plan shall be made available to	1731
the publiceach of the following:	1732

(1) An analysis of the reasons for the failure of the	1733
district or building to meet any of the applicable performance	1734
indicators established under section 3302.02 of the Revised Code	1735
that it did not meet and an analysis of the reasons for its	1736
failure to make adequate yearly progress;	1737

(2) Specific strategies that the district or building will	1738
use to address the problems in academic achievement identified in	1739
division (B)(1) of this section;	1740

(3) Identification of the resources that the district will	1741
allocate toward improving the academic achievement of the district	1742
or building;	1743

(4) A description of any progress that the district or	1744
building made in the preceding year toward improving its academic	1745
achievement.	1746

No three-year continuous improvement plan shall be developed	1747
or adopted pursuant to this division unless at least one public	1748
hearing is held within the affected school district or building	1749
concerning the final draft of the plan. Notice of the hearing	1750
shall be given two weeks prior to the hearing by publication in	1751
one newspaper of general circulation within the territory of the	1752
affected school district or building. Copies of the plan shall be	1753
made available to the public.	1754

(C) When a school district or building has been notified by	1755
the department pursuant to division (A) of section 3302.03 of the	1756
Revised Code that the district or a building within the district	1757
is under an academic watch or in a state of academic emergency,	1758
the district or building shall be subject to any rules	1759
establishing intervention in academic watch or emergency school	1760
districts that have been recommended to the general assembly by	1761
the department of education and approved by joint resolution of	1762
the general assemblyor buildings.	1763

(D)(1) Within one hundred twenty days after any school	1764
district or building within the district is declared to be in a	1765
state of academic emergency under section 3302.03 of the Revised	1766
Code, the department shallmay initiate a site evaluation of the	1767
building or school district.	1768

(2) If any school district that is declared to be in a state	1769
of academic emergency or in a state of academic watch under	1770
section 3302.03 of the Revised Code or encompasses a building that	1771
is declared to be in a state of academic emergency or in a state	1772
of academic watch fails to demonstrate to the department	1773
satisfactory improvement of the district or applicable buildings	1774
or fails to submit to the department any information required	1775
under rules established by the state board of education, prior to	1776
approving a three-year continuous improvement plan under rules	1777
established by the state board of education, the department shall	1778
conduct a site evaluation of the school district or applicable	1779
buildings to determine whether the school district is in	1780
compliance with minimum standards established by law or rule.	1781

(3) Site evaluations conducted under divisions (D)(1) and (2)	1782
of this section shall include, but not be limited to, the	1783
following:	1784

(a) Determining whether teachers are assigned to subject	1785
areas for which they are licensed or certified;	1786

(b) Determining pupil-teacher ratios;

1787

(c) Examination of compliance with minimum instruction time	1788
requirements for each school day and for each school year;	1789

(d) Determining whether materials and equipment necessary to	1790
implement the curriculum approved by the school district board are	1791
available.	1792

(E)(1) If, after three years under a continuous improvement	1793
plan developed pursuant to division (B) of this section, any	1794
school district that is declared to be in a state of academic	1795
emergency under section 3302.03 of the Revised Code has any	1796
building within the district that is declared to be in a state of	1797
academic emergency under that section and that fails to improve on	1798
the performance indicators that the building did not meet under	1799
that section to make progress toward becoming an excellent	1800
building, the district shall implement at least one of the	1801
following options with respect to that building:	1802

(a) Replace the building principal;

1803

(b) Examine the factors impeding student success and redesign	1804
the building to address those factors, including transferring or	1805
reassigning personnel;	1806

(C) Institute a new schoolwide curriculum or educational	1807
model that is consistent with the statewide academic standards	1808
adopted pursuant to division (A) of section 3301.079 of the	1809
Revised Code and alter the structure of the school day or year;	1810

(d) Contract with departments of education at public and	1811
private colleges in Ohio, educational service centers, or the	1812
state department of education to operate the builiding, including	1813
the provision of personnel, supplies, and equipment;	1814

(e) Grant priority over all other applicants to students from	1815
the building who apply to attend another building within the	1816
district under the intradistrict open enrollment policy adopted by	1817
the district pursuant to section 3313.97 of the Revised Code;	1818

(f) Close the building and reassign its students to other	1819
buildings within the district;	1820

(g) Develop and implement a comprehensive alternative plan,	1821
subject to approval by the department of education, to improve the	1822
overall performance of the building.	1823

Any action taken under division (E)(1)(f) of this section may	1824
include the establishment ofThis division applies only to school	1825
districts that operate a school building that fails to make	1826
adequate yearly progress for two or more consecutive school years.	1827

(1) For any school building that fails to make adequate	1828
yearly progress for two consecutive school years, the district	1829
shall do all of the following:	1830

(a) Provide written notification of the academic issues that	1831
resulted in the buildings failure to make adequate yearly progress	1832
to the parent or guardian of each student enrolled in the	1833
building. The notification shall also describe the actions being	1834
taken by the district or building to improve the academic	1835
performance of the building and any progress achieved toward that	1836
goal in the immediately preceding school year.	1837

(b) If the building receives funds under Title 1, Part A of	1838
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1839
6311 to 6339, from the district, in accordance with section	1840
3313.97 of the Revised Code, offer all students enrolled in the	1841
building the opportunity to enroll in an alternative building	1842
within the district that is not in school improvement status as	1843
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1844
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1845
the district shall spend twenty per cent of the funds it receives	1846
under Title I, Part A of the "Elementary and Secondary Education	1847
Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation	1848
for students who enroll in alternative buildings under this	1849
division, unless the district can satisfy all demand for	1850
transportation with a lesser amount. If twenty per cent of the	1851
funds the district receives under Title I, Part A of the	1852
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1853
to 6339, is insufficient to satisfy all demand for transportation,	1854
the district shall grant priority over all other students to the	1855
lowest achieving students among the subgroup described in division	1856
(F)(3) of section 3302.01 of the Revised Code in providing	1857
transportation. Any district that does not receive funds under	1858
Title I, Part A of the "Elementary and Secondary Education Act of	1859
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	1860
transportation to any student who enrolls in an alternative	1861
building under this division.	1862

(2) For any school building that fails to make adequate	1863
yearly progress for three consecutive school years, the district	1864
shall do both of the following:	1865

(a) If the building receives funds under Title 1, Part A of	1866
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1867
6311 to 6339, from the district, in accordance with section	1868
3313.97 of the Revised Code, provide all students enrolled in the	1869
building the opportunity to enroll in an alternative building	1870
within the district that is not in school improvement status as	1871
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1872
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1873
the district shall provide transportation for students who enroll	1874
in alternative buildings under this division to the extent	1875
required under division (E)(2) of this section.	1876

(b) If the building receives funds under Title 1, Part A of	1877
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1878
6311 to 6339, from the district, offer supplemental educational	1879
services to students who are enrolled in the building and who are	1880
in the subgroup described in division (F)(3) of section 3302.01 of	1881
the Revised Code.	1882

The district shall spend a combined total of twenty per cent	1883
of the funds it receives under Title I, Part A of the "Elementary	1884
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1885
provide transportation for students who enroll in alternative	1886
buildings under division (E)(2)(a) of this section and to pay the	1887
costs of the supplemental educational services provided to	1888
students under division (E)(2)(b) of this section, unless the	1889
district can satisfy all demand for transportation and pay the	1890
costs of supplemental educational services for those students who	1891
request them with a lesser amount. In allocating the funds the	1892
district receives under Title I, Part A of the "Elementary and	1893
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, between	1894
the requirements of divisions (E)(2)(a) and (b) of this section,	1895
the district shall spend at least five per cent of such funds to	1896
provide transportation for students who enroll in alternative	1897
buildings under division (E)(2)(a) of this section, unless the	1898
district can satisfy all demand for transportation with a lesser	1899
amount, and at least five per cent of such funds to pay the costs	1900
of the supplemental educational services provided to students	1901
under division (E)(2)(b) of this section, unless the district can	1902
pay the costs of such services for all students requesting them	1903
with a lesser amount. If twenty per cent of the funds the district	1904
receives under Title I, Part A of the "Elementary and Secondary	1905
Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to	1906
satisfy all demand for transportation under division (E)(2)(a) of	1907
this section and to pay the costs of all of the supplemental	1908
educational services provided to students under division (E)(2)(b)	1909
of this section, the district shall grant priority over all other	1910
students in providing transportation and in paying the costs of	1911
supplemental educational services to the lowest achieving students	1912
among the subgroup described in division (F)(3) of section 3302.01	1913
of the Revised Code.	1914

Any district that does not receive funds under Title I, Part	1915
A of the "Elementary and Secondary Education Act of 1965," 20	1916
U.S.C. 6311 to 6339, shall not be required to provide	1917
transportation to any student who enrolls in an alternative	1918
building under division (E)(2)(a) of this section or to pay the	1919
costs of supplemental educational services provided to any student	1920
under division (E)(2)(b) of this section.	1921

No student who enrolls in an alternative building under	1922
division (E)(2)(a) of this section shall be eligible for	1923
supplemental educational services under division (E)(2)(b) of this	1924
section.	1925

(3) For any school building that fails to make adequate	1926
yearly progress for four consecutive school years, the district	1927
shall continue to comply with division (E)(2) of this section and	1928
shall implement at least one of the following options with respect	1929
to the building:	1930

(a) Institute a new curriculum that is consistent with the	1931
statewide academic standards adopted pursuant to division (A) of	1932
section 3301.079 of the Revised Code;	1933

(b) Decrease the degree of authority the building has to	1934
manage its internal operations;	1935

(c) Appoint an outside expert to make recommendations for	1936
improving the academic performance of the building. The district	1937
may request the department to establish a state intervention team	1938
for this purpose pursuant to division (G) of this section.	1939

(d) Extend the length of the school day or year;

1940

(e) Replace the building principal or other key personnel;

1941

(f) Reorganize the administrative structure of the building.

1942

(4) For any school building that fails to make adequate	1943
yearly progress for five consecutive school years, the district	1944
shall continue to comply with division (E)(2) of this section and	1945
shall develop a plan during the next succeeding school year to	1946
improve the academic performance of the building, which shall	1947
include at least one of the following options:	1948

(a) Reopen the school as a community school under Chapter	1949
3314. of the Revised Code;	1950

(b) Replace personnel;

1951

(c) Contract with a nonprofit or for-profit entity to operate	1952
the building;	1953

(d) Turn operation of the building over to the department;

1954

(e) Other significant restructuring of the building's	1955
governance.	1956

(5) For any school building that fails to make adequate	1957
yearly progress for six consecutive school years, the district	1958
shall continue to comply with division (E)(2) of this section and	1959
shall implement the plan developed pursuant to division (E)(4) of	1960
this section.	1961

(6) A district shall continue to comply with division	1962
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1963
applicable, with respect to any building formerly subject to one	1964
of those divisions until the building makes adequate yearly	1965
progress for two consecutive school years.	1966

(F) This division applies only to school districts that fail	1967
to make adequate yearly progress for two or more consecutive	1968
school years.	1969

(1) If a school district fails to make adequate yearly	1970
progress for two consecutive school years, the district shall	1971
provide a written description of the continuous improvement plan	1972
developed by the district pursuant to division (B) of this section	1973
to the parent or guardian of each student enrolled in the	1974
district.	1975

(2) If a school district fails to make adequate yearly	1976
progress for three consecutive school years, the district shall	1977
continue to implement the continuous improvement plan developed by	1978
the district pursuant to division (B) of this section.	1979

(3) If a school district fails to make adequate yearly	1980
progress for four consecutive school years, the department shall	1981
take at least one of the following corrective actions with respect	1982
to the district:	1983

(a) Withhold a portion of the funds the district is entitled	1984
to receive under Title I, Part A of the "Elementary and Secondary	1985
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1986

(b) Direct the district to replace key district personnel;

1987

(c) Institute a new curriculum that is consistent with the	1988
statewide academic standards adopted pursuant to division (A) of	1989
section 3301.079 of the Revised Code;	1990

(d) Establish alternative forms of governance for individual	1991
school buildings within the district;	1992

(e) Appoint a trustee to manage the district in place of the	1993
district superintendent and board of education.	1994

The department shall conduct individual audits of a sampling	1995
of districts subject to this division to determine compliance with	1996
the corrective actions taken by the department.	1997

(4) If a school district fails to make adequate yearly	1998
progress for five consecutive school years, the department shall	1999
continue to monitor implementation of the corrective action taken	2000
under division (F)(3) of this section with respect to the	2001
district.	2002

(5) If a school district fails to make adequate yearly	2003
progress for six consecutive school years, the department shall	2004
take at least one of the corrective actions identified in division	2005
(F)(3) of this section with respect to the district, provided that	2006
the corrective action the department takes is different from the	2007
corrective action previously taken under division (F)(3) of this	2008
section with respect to the district.	2009

(G) The department may establish a state intervention team to	2010
evaluate all aspects of thea school district or building,	2011
including management, curriculum, instructional methods, resource	2012
allocation, and scheduling. Any such intervention team shall be	2013
appointed by the department and shall include teachers and	2014
administrators recognized as outstanding in their fields. The	2015
intervention team shall make recommendations to the district	2016
regarding methods for improving the performance of the district or	2017
building. The	2018

The department shall not approve a district's request for an	2019
intervention team under division (E)(3) of this section if the	2020
department cannot adequately fund the work of the team, unless the	2021
district agrees to pay for the expenses of the team.	2022

(2) If any building subject to this division fails to improve	2023
on the performance indicators that the building did not meet under	2024
section 3302.03 of the Revised Code to make progress toward	2025
becoming an excellent building within two years following any	2026
action taken by the district under this division, the district	2027
shall select another option described by this division and	2028
implement such option with respect to the building.	2029

(H) The department shall conduct individual audits of a	2030
sampling of community schools established under Chapter 3314. of	2031
the Revised Code to determine compliance with this section.	2032

(I) The state board shall adopt rules for implementing this	2033
section.	2034

Sec. 3302.05.  The departmentstate board of education shall	2035
recommendadopt rules to the general assembly freeing school	2036
districts declared to be excellent under division (B)(1) or	2037
effective under division (B)(2) of section 3302.03 of the Revised	2038
Code from specified state mandates. Any mandates included in the	2039
recommended rules shall be only those statutes or rules pertaining	2040
to state education requirements. The rules shall take effect upon	2041
their approval through passage of a joint resolution by the	2042
general assembly.	2043

Sec. 3313.532.  (A) Any person twenty-two or more years of	2044
age and enrolled in an adult high school continuation program	2045
established pursuant to section 3313.531 of the Revised Code may	2046
request the board of education operating the program to conduct an	2047
evaluation in accordance with division (C) of this section.	2048

(B) Any applicant to a board of education for a diploma of	2049
adult education under division (B) of section 3313.611 of the	2050
Revised Code may request the board to conduct an evaluation in	2051
accordance with division (C) of this section.	2052

(C) Upon the request of any person pursuant to division (A)	2053
or (B) of this section, the board of education to which the	2054
request is made shall evaluate the person to determine whether the	2055
person is handicapped, in accordance with rules adopted by the	2056
state board of education. If the evaluation indicates that the	2057
person is handicapped, the board shall determine whether to excuse	2058
the person from taking any of the tests required by division (B)	2059
of section 3301.0710 of the Revised Code as a requirement for	2060
receiving a diploma under section 3313.611 of the Revised Code.	2061
The determination of whether to excuse the person from any such	2062
test shall be made in the same manner as it would be for students	2063
enrolled in the district who are receiving special education under	2064
Chapter 3323 of the Revised CodeThe board may require the person	2065
to take an alternate assessment in place of any test from which	2066
the person is so excused.	2067

Sec. 3313.6010. By July 1, 1998, the departmentThe state	2068
board of education shall recommendadopt rules to the general	2069
assembly permitting school districts to contract with public and	2070
private providers of academic remediation and intervention in	2071
mathematics, science, reading, writing, and social studies for the	2072
purpose of assisting pupils in grades one through six outside of	2073
regular school hours.	2074

The rules recommended under this section shall take effect	2075
upon approval of the general assembly through passage of a joint	2076
resolution.	2077

Sec. 3313.6012. (A) The board of education of each city,	2078
exempted village, and local school district shall adopt a policy	2079
governing the conduct of academic prevention/intervention services	2080
for all grades and all schools throughout the district. The board	2081
shall update the policy annually. The policy shall include, but	2082
not be limited to, all of the following:	2083

(1) Procedures for using diagnostic assessments to measure	2084
student progress toward the attainment of academic standards and	2085
to identify students who may not attain the academic standards in	2086
accordance with section 3301.0715 of the Revised Code;	2087

(2) A plan for the design of classroom-based intervention	2088
services to meet the instructional needs of individual students as	2089
determined by the results of diagnostic assessments;	2090

(3) Procedures for the regular collection of student	2091
performance data;	2092

(4) Procedures for using student performance data to evaluate	2093
the effectiveness of intervention services and, if necessary, to	2094
modify such services.	2095

The policy shall include any prevention/intervention services	2096
required under sections 3301.0711, 3301.0715, and 3313.608 of the	2097
Revised Code.	2098

(B) In accordance with the policy adopted under division (A)	2099
of this section, each school district shall provide	2100
prevention/intervention services in pertinent subject areas to	2101
students who score below the proficient level on a reading,	2102
writing, mathematics, social studies, or science proficiency or	2103
achievement test administered in the fourth, sixth, or ninth grade	2104
or below the basic level on any achievement test or who do not	2105
demonstrate academic performance at their grade level based on the	2106
results of a diagnostic assessment.	2107

Sec. 3313.61.  (A) A diploma shall be granted by the board of	2108
education of any city, exempted village, or local school district	2109
that operates a high school to any person to whom all of the	2110
following apply:	2111

(1) The person has successfully completed the curriculum in	2112
any high school or the individualized education program developed	2113
for the person by any high school pursuant to section 3323.08 of	2114
the Revised Code;	2115

(2) Subject to section 3313.614 of the Revised Code, the	2116
person either:	2117

(a) Has attained at least the applicable scores designated	2118
under division (B) of section 3301.0710 of the Revised Code on all	2119
the tests required by that division unless the person was excused	2120
from taking any such test pursuant to section 3313.532 of the	2121
Revised Code or unless division (H) or (L) of this section applies	2122
to the person;	2123

(b) Has satisfied the alternative conditions prescribed in	2124
section 3313.615 of the Revised Code.	2125

(3) The person is not eligible to receive an honors diploma	2126
granted pursuant to division (B) of this section.	2127

Except as provided in divisions (C), (E), (J), and (L) of	2128
this section, no diploma shall be granted under this division to	2129
anyone except as provided under this division.	2130

(B) In lieu of a diploma granted under division (A) of this	2131
section, an honors diploma shall be granted, in accordance with	2132
rules of the state board of education, by any such district board	2133
to anyone who successfully completes the curriculum in any high	2134
school or the individualized education program developed for the	2135
person by any high school pursuant to section 3323.08 of the	2136
Revised Code, who has attained subject to section 3313.614 of the	2137
Revised Code at least the applicable scores designated under	2138
division (B) of section 3301.0710 of the Revised Code on all the	2139
tests required by that division, or has satisfied the alternative	2140
conditions prescribed in section 3313.615 of the Revised Code, and	2141
who has met additional criteria established by the state board for	2142
the granting of such a diploma. Except as provided in divisions	2143
(C), (E), and (J) of this section, no honors diploma shall be	2144
granted to anyone failing to comply with this division and no more	2145
than one honors diploma shall be granted to any student under this	2146
division.	2147

The state board shall adopt rules prescribing the granting of	2148
honors diplomas under this division. These rules may prescribe the	2149
granting of honors diplomas that recognize a student's achievement	2150
as a whole or that recognize a student's achievement in one or	2151
more specific subjects or both. In any case, the rules shall	2152
designate two or more criteria for the granting of each type of	2153
honors diploma the board establishes under this division and the	2154
number of such criteria that must be met for the granting of that	2155
type of diploma. The number of such criteria for any type of	2156
honors diploma shall be at least one less than the total number of	2157
criteria designated for that type and no one or more particular	2158
criteria shall be required of all persons who are to be granted	2159
that type of diploma.	2160

(C) Any such district board administering any of the tests	2161
required by section 3301.0710 or 3301.0712 of the Revised Code to	2162
any person requesting to take such test pursuant to division	2163
(B)(6)(8)(b) of section 3301.0711 of the Revised Code shall award	2164
a diploma to such person if the person attains at least the	2165
applicable scores designated under division (B) of section	2166
3301.0710 of the Revised Code on all the tests administered and if	2167
the person has previously attained the applicable scores on all	2168
the other tests required by division (B) of that section or has	2169
been exempted or excused from attaining the applicable score on	2170
any such test pursuant to division (H) or (L) of this section or	2171
from taking any such test pursuant to section 3313.532 of the	2172
Revised Code.	2173

(D) Each diploma awarded under this section shall be signed	2174
by the president and treasurer of the issuing board, the	2175
superintendent of schools, and the principal of the high school.	2176
Each diploma shall bear the date of its issue, be in such form as	2177
the district board prescribes, and be paid for out of the	2178
district's general fund.	2179

(E) A person who is a resident of Ohio and is eligible under	2180
state board of education minimum standards to receive a high	2181
school diploma based in whole or in part on credits earned while	2182
an inmate of a correctional institution operated by the state or	2183
any political subdivision thereof, shall be granted such diploma	2184
by the correctional institution operating the programs in which	2185
such credits were earned, and by the board of education of the	2186
school district in which the inmate resided immediately prior to	2187
the inmate's placement in the institution. The diploma granted by	2188
the correctional institution shall be signed by the director of	2189
the institution, and by the person serving as principal of the	2190
institution's high school and shall bear the date of issue.	2191

(F) Persons who are not residents of Ohio but who are inmates	2192
of correctional institutions operated by the state or any	2193
political subdivision thereof, and who are eligible under state	2194
board of education minimum standards to receive a high school	2195
diploma based in whole or in part on credits earned while an	2196
inmate of the correctional institution, shall be granted a diploma	2197
by the correctional institution offering the program in which the	2198
credits were earned. The diploma granted by the correctional	2199
institution shall be signed by the director of the institution and	2200
by the person serving as principal of the institution's high	2201
school and shall bear the date of issue.	2202

(G) The state board of education shall provide by rule for	2203
the administration of the tests required by section 3301.0710 of	2204
the Revised Code to inmates of correctional institutions.	2205

(H) Any person to whom all of the following apply shall be	2206
exempted from attaining the applicable score on the test in social	2207
studies designated under division (B) of section 3301.0710 of the	2208
Revised Code or the test in citizenship designated under former	2209
division (B) of section 3301.0710 of the Revised Code as it	2210
existed prior to the effective date of this amendmentSeptember	2211
11, 2001:	2212

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

2213

(2) The person is not a permanent resident of the United	2214
States;	2215

(3) The person indicates no intention to reside in the United	2216
States after the completion of high school.	2217

(I) Notwithstanding division (D) of section 3311.19 and	2218
division (D) of section 3311.52 of the Revised Code, this section	2219
and section 3311.611 of the Revised Code do not apply to the board	2220
of education of any joint vocational school district or any	2221
cooperative education school district established pursuant to	2222
divisions (A) to (C) of section 3311.52 of the Revised Code.	2223

(J) Upon receipt of a notice under division (D) of section	2224
3325.08 of the Revised Code that a student has received a diploma	2225
under that section, the board of education receiving the notice	2226
may grant a high school diploma under this section to the student,	2227
except that such board shall grant the student a diploma if the	2228
student meets the graduation requirements that the student would	2229
otherwise have had to meet to receive a diploma from the district.	2230
The diploma granted under this section shall be of the same type	2231
the notice indicates the student received under section 3325.08 of	2232
the Revised Code.	2233

(K) As used in this division, "English-limitedlimited	2234
English proficient student" has the same meaning as in division	2235
(C)(3) of section 3301.0711 of the Revised Code.	2236

Notwithstanding the exemption for English-limited students	2237
provided in division (C)(3) of section 3301.0711 of the Revised	2238
Code, no English-limitedNo limited English proficient student who	2239
has not attained the applicable scores designated under division	2240
(B) of section 3301.0710 of the Revised Code on all the tests	2241
required by that division shall be awarded a diploma under this	2242
section.	2243

(L) Any student described by division (A)(1) of this section	2244
may be awarded a diploma without attaining the applicable scores	2245
designated on the tests prescribed under division (B) of section	2246
3301.0710 of the Revised Code provided an individualized education	2247
program specifically exempts the student from attaining such	2248
scores. This division does not negate the requirement for such a	2249
student to take all such tests or alternate assessments required	2250
by division (C)(1) of section 3301.0711 of the Revised Code for	2251
the purpose of assessing student progress as required by federal	2252
law.	2253

Sec. 3313.611.  (A) The state board of education shall adopt,	2254
by rule, standards for awarding high school credit equivalent to	2255
credit for completion of high school academic and vocational	2256
education courses to applicants for diplomas under this section.	2257
The standards may permit high school credit to be granted to an	2258
applicant for any of the following:	2259

(1) Work experiences or experiences as a volunteer;

2260

(2) Completion of academic, vocational, or self-improvement	2261
courses offered to persons over the age of twenty-one by a	2262
chartered public or nonpublic school;	2263

(3) Completion of academic, vocational, or self-improvement	2264
courses offered by an organization, individual, or educational	2265
institution other than a chartered public or nonpublic school;	2266

(4) Other life experiences considered by the board to provide	2267
knowledge and learning experiences comparable to that gained in a	2268
classroom setting.	2269

(B) The board of education of any city, exempted village, or	2270
local school district that operates a high school shall grant a	2271
diploma of adult education to any applicant if all of the	2272
following apply:	2273

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

2274

(2) The applicant is over the age of twenty-one and has not	2275
been issued a diploma as provided in section 3313.61 of the	2276
Revised Code;	2277

(3) Subject to section 3313.614 of the Revised Code, the	2278
applicant either:	2279

(a) Has attained the applicable scores designated under	2280
division (B) of section 3301.0710 of the Revised Code on all of	2281
the tests required by that division or was excused or exempted	2282
from any such test pursuant to section 3313.532 or was exempted	2283
from attaining the applicable score on any such test pursuant to	2284
division (H) or (L) of section 3313.61 of the Revised Code;	2285

(b) Has satisfied the alternative conditions prescribed in	2286
section 3313.615 of the Revised Code.	2287

(4) The district board determines, in accordance with the	2288
standards adopted under division (A) of this section, that the	2289
applicant has attained sufficient high school credits, including	2290
equivalent credits awarded under such standards, to qualify as	2291
having successfully completed the curriculum required by the	2292
district for graduation.	2293

(C) If a district board determines that an applicant is not	2294
eligible for a diploma under division (B) of this section, it	2295
shall inform the applicant of the reason the applicant is	2296
ineligible and shall provide a list of any courses required for	2297
the diploma for which the applicant has not received credit. An	2298
applicant may reapply for a diploma under this section at any	2299
time.	2300

(D) If a district board awards an adult education diploma	2301
under this section, the president and treasurer of the board and	2302
the superintendent of schools shall sign it. Each diploma shall	2303
bear the date of its issuance, be in such form as the district	2304
board prescribes, and be paid for from the district's general	2305
fund, except that the state board may by rule prescribe standard	2306
language to be included on each diploma.	2307

(E) As used in this division, "English-limitedlimited	2308
English proficient student" has the same meaning as in division	2309
(C)(3) of section 3301.0711 of the Revised Code.	2310

Notwithstanding the exemption for English-limited students	2311
provided in division (C)(3) of section 3301.0711 of the Revised	2312
Code, no English-limitedNo limited English proficient student who	2313
has not attained the applicable scores designated under division	2314
(B) of section 3301.0710 of the Revised Code on all the tests	2315
required by that division shall be awarded a diploma under this	2316
section.	2317

Sec. 3313.612.  (A) No nonpublic school chartered by the	2318
state board of education shall grant any high school diploma to	2319
any person unless the person has attained, subject to section	2320
3313.614 of the Revised Code at least the applicable scores	2321
designated under division (B) of section 3301.0710 of the Revised	2322
Code on all the tests required by that division, or has satisfied	2323
the alternative conditions prescribed in section 3313.615 of the	2324
Revised Code.	2325

(B) This section does not apply to either of the following:

2326

(1) Any person with regard to any test from which the person	2327
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2328
the Revised Code;	2329

(2) Any person with regard to the social studies test or the	2330
citizenship test under former division (B) of section 3301.0710 of	2331
the Revised Code as it existed prior to the effective date of this	2332
amendmentSeptember 11, 2001, if all of the following apply:	2333

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

2334

(b) The person is not a permanent resident of the United	2335
States;	2336

(c) The person indicates no intention to reside in the United	2337
States after completion of high school.	2338

(C) As used in this division, "English-limitedlimited	2339
English proficient student" has the same meaning as in division	2340
(C)(3) of section 3301.0711 of the Revised Code.	2341

Notwithstanding the exemption for English-limited students	2342
provided in division (C)(3) of section 3301.0711 of the Revised	2343
Code, no English-limitedNo limited English proficient student who	2344
has not attained the applicable scores designated under division	2345
(B) of section 3301.0710 of the Revised Code on all the tests	2346
required by that division shall be awarded a diploma under this	2347
section.	2348

Sec. 3313.64.  (A) As used in this section and in section	2349
3313.65 of the Revised Code:	2350

(1) "Parent" means either parent, unless the parents are	2351
separated or divorced or their marriage has been dissolved or	2352
annulled, in which case "parent" means the parent who is the	2353
residential parent and legal custodian of the child. When a child	2354
is in the legal custody of a government agency or a person other	2355
than the child's natural or adoptive parent, "parent" means the	2356
parent with residual parental rights, privileges, and	2357
responsibilities. When a child is in the permanent custody of a	2358
government agency or a person other than the child's natural or	2359
adoptive parent, "parent" means the parent who was divested of	2360
parental rights and responsibilities for the care of the child and	2361
the right to have the child live with the parent and be the legal	2362
custodian of the child and all residual parental rights,	2363
privileges, and responsibilities.	2364

(2) "Legal custody," "permanent custody," and "residual	2365
parental rights, privileges, and responsibilities" have the same	2366
meanings as in section 2151.011 of the Revised Code.	2367

(3) "School district" or "district" means a city, local, or	2368
exempted village school district and excludes any school operated	2369
in an institution maintained by the department of youth services.	2370

(4) Except as used in division (C)(2) of this section, "home"	2371
means a home, institution, foster home, group home, or other	2372
residential facility in this state that receives and cares for	2373
children, to which any of the following applies:	2374

(a) The home is licensed, certified, or approved for such	2375
purpose by the state or is maintained by the department of youth	2376
services.	2377

(b) The home is operated by a person who is licensed,	2378
certified, or approved by the state to operate the home for such	2379
purpose.	2380

(c) The home accepted the child through a placement by a	2381
person licensed, certified, or approved to place a child in such a	2382
home by the state.	2383

(d) The home is a children's home created under section	2384
5153.21 or 5153.36 of the Revised Code.	2385

(5) "Agency" means all of the following:

2386

(a) A public children services agency;

2387

(b) An organization that holds a certificate issued by the	2388
Ohio department of job and family services in accordance with the	2389
requirements of section 5103.03 of the Revised Code and assumes	2390
temporary or permanent custody of children through commitment,	2391
agreement, or surrender, and places children in family homes for	2392
the purpose of adoption;	2393

(c) Comparable agencies of other states or countries that	2394
have complied with applicable requirements of section 2151.39, or	2395
sections 5103.20 to 5103.28 of the Revised Code.	2396

(6) A child is placed for adoption if either of the following	2397
occurs:	2398

(a) An agency to which the child has been permanently	2399
committed or surrendered enters into an agreement with a person	2400
pursuant to section 5103.16 of the Revised Code for the care and	2401
adoption of the child.	2402

(b) The child's natural parent places the child pursuant to	2403
section 5103.16 of the Revised Code with a person who will care	2404
for and adopt the child.	2405

(7) "Handicapped preschool child" means a handicapped child,	2406
as defined by division (A) of section 3323.01 of the Revised Code,	2407
who is at least three years of age but is not of compulsory school	2408
age, as defined in section 3321.01 of the Revised Code, and who is	2409
not currently enrolled in kindergarten.	2410

(8) "Child," unless otherwise indicated, includes handicapped	2411
preschool children.	2412

(B) Except as otherwise provided in section 3321.01 of the	2413
Revised Code for admittance to kindergarten and first grade, a	2414
child who is at least five but under twenty-two years of age and	2415
any handicapped preschool child shall be admitted to school as	2416
provided in this division.	2417

(1) A child shall be admitted to the schools of the school	2418
district in which the child's parent resides.	2419

(2) A child who does not reside in the district where the	2420
child's parent resides shall be admitted to the schools of the	2421
district in which the child resides if any of the following	2422
applies:	2423

(a) The child is in the legal or permanent custody of a	2424
government agency or a person other than the child's natural or	2425
adoptive parent.	2426

(b) The child resides in a home.

2427

(c) The child requires special education.

2428

(3) A child who is not entitled under division (B)(2) of this	2429
section to be admitted to the schools of the district where the	2430
child resides and who is residing with a resident of this state	2431
with whom the child has been placed for adoption shall be admitted	2432
to the schools of the district where the child resides unless	2433
either of the following applies:	2434

(a) The placement for adoption has been terminated.

2435

(b) Another school district is required to admit the child	2436
under division (B)(1) of this section.	2437

Division (B) of this section does not prohibit the board of	2438
education of a school district from placing a handicapped child	2439
who resides in the district in a special education program outside	2440
of the district or its schools in compliance with Chapter 3323. of	2441
the Revised Code.	2442

(C) A district shall not charge tuition for children admitted	2443
under division (B)(1) or (3) of this section. If the district	2444
admits a child under division (B)(2) of this section, tuition	2445
shall be paid to the district that admits the child as follows:	2446

(1) If the child receives special education in accordance	2447
with Chapter 3323. of the Revised Code, tuition shall be paid in	2448
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	2449
the Revised Code regardless of who has custody of the child or	2450
whether the child resides in a home.	2451

(2) Except as otherwise provided in division (C)(2)(d) of	2452
this section, if the child is in the permanent or legal custody of	2453
a government agency or person other than the child's parent,	2454
tuition shall be paid by:	2455

(a) The district in which the child's parent resided at the	2456
time the court removed the child from home or at the time the	2457
court vested legal or permanent custody of the child in the person	2458
or government agency, whichever occurred first;	2459

(b) If the parent's residence at the time the court removed	2460
the child from home or placed the child in the legal or permanent	2461
custody of the person or government agency is unknown, tuition	2462
shall be paid by the district in which the child resided at the	2463
time the child was removed from home or placed in legal or	2464
permanent custody, whichever occurred first;	2465

(c) If a school district cannot be established under division	2466
(C)(2)(a) or (b) of this section, tuition shall be paid by the	2467
district determined as required by section 2151.357 of the Revised	2468
Code by the court at the time it vests custody of the child in the	2469
person or government agency;	2470

(d) If at the time the court removed the child from home or	2471
vested legal or permanent custody of the child in the person or	2472
government agency, whichever occurred first, one parent was in a	2473
residential or correctional facility or a juvenile residential	2474
placement and the other parent, if living and not in such a	2475
facility or placement, was not known to reside in this state,	2476
tuition shall be paid by the district determined under division	2477
(D) of section 3313.65 of the Revised Code as the district	2478
required to pay any tuition while the parent was in such facility	2479
or placement.	2480

(3) If the child is not in the permanent or legal custody of	2481
a government agency or person other than the child's parent and	2482
the child resides in a home, tuition shall be paid by one of the	2483
following:	2484

(a) The school district in which the child's parent resides;

2485

(b) If the child's parent is not a resident of this state,	2486
the home in which the child resides.	2487

(D) Tuition required to be paid under divisions (C)(2) and	2488
(3)(a) of this section shall be computed in accordance with	2489
section 3317.08 of the Revised Code. Tuition required to be paid	2490
under division (C)(3)(b) of this section shall be computed in	2491
accordance with section 3317.081 of the Revised Code. If a home	2492
fails to pay the tuition required by division (C)(3)(b) of this	2493
section, the board of education providing the education may	2494
recover in a civil action the tuition and the expenses incurred in	2495
prosecuting the action, including court costs and reasonable	2496
attorney's fees. If the prosecuting attorney or city director of	2497
law represents the board in such action, costs and reasonable	2498
attorney's fees awarded by the court, based upon the prosecuting	2499
attorney's, director's, or one of their designee's time spent	2500
preparing and presenting the case, shall be deposited in the	2501
county or city general fund.	2502

(E) A board of education may enroll a child free of any	2503
tuition obligation for a period not to exceed sixty days, on the	2504
sworn statement of an adult resident of the district that the	2505
resident has initiated legal proceedings for custody of the child.	2506

(F) In the case of any individual entitled to attend school	2507
under this division, no tuition shall be charged by the school	2508
district of attendance and no other school district shall be	2509
required to pay tuition for the individual's attendance.	2510
Notwithstanding division (B), (C), or (E) of this section:	2511

(1) All persons at least eighteen but under twenty-two years	2512
of age who live apart from their parents, support themselves by	2513
their own labor, and have not successfully completed the high	2514
school curriculum or the individualized education program	2515
developed for the person by the high school pursuant to section	2516
3323.08 of the Revised Code, are entitled to attend school in the	2517
district in which they reside.	2518

(2) Any child under eighteen years of age who is married is	2519
entitled to attend school in the child's district of residence.	2520

(3) A child is entitled to attend school in the district in	2521
which either of the child's parents is employed if the child has a	2522
medical condition that may require emergency medical attention.	2523
The parent of a child entitled to attend school under division	2524
(F)(3) of this section shall submit to the board of education of	2525
the district in which the parent is employed a statement from the	2526
child's physician certifying that the child's medical condition	2527
may require emergency medical attention. The statement shall be	2528
supported by such other evidence as the board may require.	2529

(4) Any child residing with a person other than the child's	2530
parent is entitled, for a period not to exceed twelve months, to	2531
attend school in the district in which that person resides if the	2532
child's parent files an affidavit with the superintendent of the	2533
district in which the person with whom the child is living resides	2534
stating all of the following:	2535

(a) That the parent is serving outside of the state in the	2536
armed services of the United States;	2537

(b) That the parent intends to reside in the district upon	2538
returning to this state;	2539

(c) The name and address of the person with whom the child is	2540
living while the parent is outside the state.	2541

(5) Any child under the age of twenty-two years who, after	2542
the death of a parent, resides in a school district other than the	2543
district in which the child attended school at the time of the	2544
parent's death is entitled to continue to attend school in the	2545
district in which the child attended school at the time of the	2546
parent's death for the remainder of the school year, subject to	2547
approval of that district board.	2548

(6) A child under the age of twenty-two years who resides	2549
with a parent who is having a new house built in a school district	2550
outside the district where the parent is residing is entitled to	2551
attend school for a period of time in the district where the new	2552
house is being built. In order to be entitled to such attendance,	2553
the parent shall provide the district superintendent with the	2554
following:	2555

(a) A sworn statement explaining the situation, revealing the	2556
location of the house being built, and stating the parent's	2557
intention to reside there upon its completion;	2558

(b) A statement from the builder confirming that a new house	2559
is being built for the parent and that the house is at the	2560
location indicated in the parent's statement.	2561

(7) A child under the age of twenty-two years residing with a	2562
parent who has a contract to purchase a house in a school district	2563
outside the district where the parent is residing and who is	2564
waiting upon the date of closing of the mortgage loan for the	2565
purchase of such house is entitled to attend school for a period	2566
of time in the district where the house is being purchased. In	2567
order to be entitled to such attendance, the parent shall provide	2568
the district superintendent with the following:	2569

(a) A sworn statement explaining the situation, revealing the	2570
location of the house being purchased, and stating the parent's	2571
intent to reside there;	2572

(b) A statement from a real estate broker or bank officer	2573
confirming that the parent has a contract to purchase the house,	2574
that the parent is waiting upon the date of closing of the	2575
mortgage loan, and that the house is at the location indicated in	2576
the parent's statement.	2577

The district superintendent shall establish a period of time	2578
not to exceed ninety days during which the child entitled to	2579
attend school under division (F)(6) or (7) of this section may	2580
attend without tuition obligation. A student attending a school	2581
under division (F)(6) or (7) of this section shall be eligible to	2582
participate in interscholastic athletics under the auspices of	2583
that school, provided the board of education of the school	2584
district where the student's parent resides, by a formal action,	2585
releases the student to participate in interscholastic athletics	2586
at the school where the student is attending, and provided the	2587
student receives any authorization required by a public agency or	2588
private organization of which the school district is a member	2589
exercising authority over interscholastic sports.	2590

(8) A child whose parent is a full-time employee of a city,	2591
local, or exempted village school district, or of an educational	2592
service center, may be admitted to the schools of the district	2593
where the child's parent is employed, or in the case of a child	2594
whose parent is employed by an educational service center, in the	2595
district that serves the location where the parent's job is	2596
primarily located, provided the district board of education	2597
establishes such an admission policy by resolution adopted by a	2598
majority of its members. Any such policy shall take effect on the	2599
first day of the school year and the effective date of any	2600
amendment or repeal may not be prior to the first day of the	2601
subsequent school year. The policy shall be uniformly applied to	2602
all such children and shall provide for the admission of any such	2603
child upon request of the parent. No child may be admitted under	2604
this policy after the first day of classes of any school year.	2605

(9) A child who is with the child's parent under the care of	2606
a shelter for victims of domestic violence, as defined in section	2607
3113.33 of the Revised Code, is entitled to attend school free in	2608
the district in which the child is with the child's parent, and no	2609
other school district shall be required to pay tuition for the	2610
child's attendance in that school district.	2611

The enrollment of a child in a school district under this	2612
division shall not be denied due to a delay in the school	2613
district's receipt of any records required under section 3313.672	2614
of the Revised Code or any other records required for enrollment.	2615
Any days of attendance and any credits earned by a child while	2616
enrolled in a school district under this division shall be	2617
transferred to and accepted by any school district in which the	2618
child subsequently enrolls. The state board of education shall	2619
adopt rules to ensure compliance with this division.	2620

(10) Any child under the age of twenty-two years whose parent	2621
has moved out of the school district after the commencement of	2622
classes in the child's senior year of high school is entitled,	2623
subject to the approval of that district board, to attend school	2624
in the district in which the child attended school at the time of	2625
the parental move for the remainder of the school year and for one	2626
additional semester or equivalent term. A district board may also	2627
adopt a policy specifying extenuating circumstances under which a	2628
student may continue to attend school under division (F)(10) of	2629
this section for an additional period of time in order to	2630
successfully complete the high school curriculum for the	2631
individualized education program developed for the student by the	2632
high school pursuant to section 3323.08 of the Revised Code.	2633

(11) As used in this division, "grandparent" means a parent	2634
of a parent of a child. A child under the age of twenty-two years	2635
who is in the custody of the child's parent, resides with a	2636
grandparent, and does not require special education is entitled to	2637
attend the schools of the district in which the child's	2638
grandparent resides, provided that, prior to such attendance in	2639
any school year, the board of education of the school district in	2640
which the child's grandparent resides and the board of education	2641
of the school district in which the child's parent resides enter	2642
into a written agreement specifying that good cause exists for	2643
such attendance, describing the nature of this good cause, and	2644
consenting to such attendance.	2645

In lieu of a consent form signed by a parent, a board of	2646
education may request the grandparent of a child attending school	2647
in the district in which the grandparent resides pursuant to	2648
division (F)(11) of this section to complete any consent form	2649
required by the district, including any authorization required by	2650
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	2651
Upon request, the grandparent shall complete any consent form	2652
required by the district. A school district shall not incur any	2653
liability solely because of its receipt of a consent form from a	2654
grandparent in lieu of a parent.	2655

Division (F)(11) of this section does not create, and shall	2656
not be construed as creating, a new cause of action or substantive	2657
legal right against a school district, a member of a board of	2658
education, or an employee of a school district. This section does	2659
not affect, and shall not be construed as affecting, any	2660
immunities from defenses to tort liability created or recognized	2661
by Chapter 2744. of the Revised Code for a school district,	2662
member, or employee.	2663

(12) A child under the age of twenty-two years is entitled to	2664
attend school in a school district other than the district in	2665
which the child is entitled to attend school under division (B),	2666
(C), or (E) of this section provided that, prior to such	2667
attendance in any school year, both of the following occur:	2668

(a) The superintendent of the district in which the child is	2669
entitled to attend school under division (B), (C), or (E) of this	2670
section contacts the superintendent of another district for	2671
purposes of this division;	2672

(b) The superintendents of both districts enter into a	2673
written agreement that consents to the attendance and specifies	2674
that the purpose of such attendance is to protect the student's	2675
physical or mental well-being or to deal with other extenuating	2676
circumstances deemed appropriate by the superintendents.	2677

While an agreement is in effect under this division for a	2678
student who is not receiving special education under Chapter 3323.	2679
of the Revised Code and notwithstanding Chapter 3327. of the	2680
Revised Code, the board of education of neither school district	2681
involved in the agreement is required to provide transportation	2682
for the student to and from the school where the student attends.	2683

A student attending a school of a district pursuant to this	2684
division shall be allowed to participate in all student	2685
activities, including interscholastic athletics, at the school	2686
where the student is attending on the same basis as any student	2687
who has always attended the schools of that district while of	2688
compulsory school age.	2689

(13) All school districts shall comply with the	2690
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	2691
seq., for the education of homeless children. Each city, local,	2692
and exempted village school district shall comply with the	2693
requirements of that act governing the provision of a free,	2694
appropriate public education, including public preschool, to each	2695
homeless child.	2696

When a child loses permanent housing and becomes a homeless	2697
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	2698
such a homeless person changes temporary living arrangements, the	2699
child's parent or guardian shall have the option of enrolling the	2700
child in either of the following:	2701

(a) The child's school of origin, as defined in 42 U.S.C.A.	2702
11432(g)(3)(C);	2703

(b) The school that is operated by the school district in	2704
which the shelter where the child currently resides is located and	2705
that serves the geographic area in which the shelter is located.	2706

(G) A board of education, after approving admission, may	2707
waive tuition for students who will temporarily reside in the	2708
district and who are either of the following:	2709

(1) Residents or domiciliaries of a foreign nation who	2710
request admission as foreign exchange students;	2711

(2) Residents or domiciliaries of the United States but not	2712
of Ohio who request admission as participants in an exchange	2713
program operated by a student exchange organization.	2714

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	2715
3327.04, and 3327.06 of the Revised Code, a child may attend	2716
school or participate in a special education program in a school	2717
district other than in the district where the child is entitled to	2718
attend school under division (B) of this section.	2719

(I)(1) Notwithstanding anything to the contrary in this	2720
section or section 3313.65 of the Revised Code, a child under	2721
twenty-two years of age may attend school in the school district	2722
in which the child, at the end of the first full week of October	2723
of the school year, was entitled to attend school as otherwise	2724
provided under this section or section 3313.65 of the Revised	2725
Code, if at that time the child was enrolled in the schools of the	2726
district but since that time the child or the child's parent has	2727
relocated to a new address located outside of that school district	2728
and within the same county as the child's or parent's address	2729
immediately prior to the relocation. The child may continue to	2730
attend school in the district, and at the school to which the	2731
child was assigned at the end of the first full week of October of	2732
the current school year, for the balance of the school year.	2733
Division (I)(1) of this section applies only if both of the	2734
following conditions are satisfied:	2735

(a) The board of education of the school district in which	2736
the child was entitled to attend school at the end of the first	2737
week in October and of the district to which the child or child's	2738
parent has relocated each has adopted a policy to enroll children	2739
described in division (I)(1) of this section.	2740

(b) The child's parent provides written notification of the	2741
relocation outside of the school district to the superintendent of	2742
each of the two school districts.	2743

(2) At the beginning of the school year following the school	2744
year in which the child or the child's parent relocated outside of	2745
the school district as described in division (I)(1) of this	2746
section, the child is not entitled to attend school in the school	2747
district under that division.	2748

(3) Any person or entity owing tuition to the school district	2749
on behalf of the child at the end of the first full week in	2750
October, as provided in division (C) of this section, shall	2751
continue to owe such tuition to the district for the child's	2752
attendance under division (I)(1) of this section for the lesser of	2753
the balance of the school year or the balance of the time that the	2754
child attends school in the district under division (I)(1) of this	2755
section.	2756

(4) A pupil who may attend school in the district under	2757
division (I)(1) of this section shall be entitled to	2758
transportation services pursuant to an agreement between the	2759
district and the district in which the child or child's parent has	2760
relocated unless the districts have not entered into such	2761
agreement, in which case the child shall be entitled to	2762
transportation services in the same manner as a pupil attending	2763
school in the district under interdistrict open enrollment as	2764
described in division (H) of section 3313.981 of the Revised Code,	2765
regardless of whether the district has adopted an open enrollment	2766
policy as described in division (B)(1)(b) or (c) of section	2767
3313.98 of the Revised Code.	2768

(J) This division does not apply to a child receiving special	2769
education.	2770

A school district required to pay tuition pursuant to	2771
division (C)(2) or (3) of this section or section 3313.65 of the	2772
Revised Code shall have an amount deducted under division (F) of	2773
section 3317.023 of the Revised Code equal to its own tuition rate	2774
for the same period of attendance. A school district entitled to	2775
receive tuition pursuant to division (C)(2) or (3) of this section	2776
or section 3313.65 of the Revised Code shall have an amount	2777
credited under division (F) of section 3317.023 of the Revised	2778
Code equal to its own tuition rate for the same period of	2779
attendance. If the tuition rate credited to the district of	2780
attendance exceeds the rate deducted from the district required to	2781
pay tuition, the department of education shall pay the district of	2782
attendance the difference from amounts deducted from all	2783
districts' payments under division (F) of section 3317.023 of the	2784
Revised Code but not credited to other school districts under such	2785
division and from appropriations made for such purpose. The	2786
treasurer of each school district shall, by the fifteenth day of	2787
January and July, furnish the superintendent of public instruction	2788
a report of the names of each child who attended the district's	2789
schools under divisions (C)(2) and (3) of this section or section	2790
3313.65 of the Revised Code during the preceding six calendar	2791
months, the duration of the attendance of those children, the	2792
school district responsible for tuition on behalf of the child,	2793
and any other information that the superintendent requires.	2794

Upon receipt of the report the superintendent, pursuant to	2795
division (F) of section 3317.023 of the Revised Code, shall deduct	2796
each district's tuition obligations under divisions (C)(2) and (3)	2797
of this section or section 3313.65 of the Revised Code and pay to	2798
the district of attendance that amount plus any amount required to	2799
be paid by the state.	2800

(J)(K) In the event of a disagreement, the superintendent of	2801
public instruction shall determine the school district in which	2802
the parent resides.	2803

(K)(L) Nothing in this section requires or authorizes, or	2804
shall be construed to require or authorize, the admission to a	2805
public school in this state of a pupil who has been permanently	2806
excluded from public school attendance by the superintendent of	2807
public instruction pursuant to sections 3301.121 and 3313.662 of	2808
the Revised Code.	2809

Sec. 3313.65.  (A) As used in this section and section	2810
3313.64 of the Revised Code:	2811

(1) A person is "in a residential facility" if the person is	2812
a resident or a resident patient of an institution, home, or other	2813
residential facility that is:	2814

(a) Licensed as a nursing home, residential care facility, or	2815
home for the aging by the director of health under section 3721.02	2816
of the Revised Code or licensed as a community alternative home by	2817
the director of health under section 3724.03 of the Revised Code;	2818

(b) Licensed as an adult care facility by the director of	2819
health under Chapter 3722. of the Revised Code;	2820

(c) Maintained as a county home or district home by the board	2821
of county commissioners or a joint board of county commissioners	2822
under Chapter 5155. of the Revised Code;	2823

(d) Operated or administered by a board of alcohol, drug	2824
addiction, and mental health services under section 340.03 or	2825
340.06 of the Revised Code, or provides residential care pursuant	2826
to contracts made under section 340.03 or 340.033 of the Revised	2827
Code;	2828

(e) Maintained as a state institution for the mentally ill	2829
under Chapter 5119. of the Revised Code;	2830

(f) Licensed by the department of mental health under section	2831
5119.20 or 5119.22 of the Revised Code;	2832

(g) Licensed as a residential facility by the department of	2833
mental retardation and developmental disabilities under section	2834
5123.19 of the Revised Code;	2835

(h) Operated by the veteran's administration or another	2836
agency of the United States government;	2837

(i) The Ohio soldiers' and sailors' home.

2838

(2) A person is "in a correctional facility" if any of the	2839
following apply:	2840

(a) The person is an Ohio resident and is:

2841

(i) Imprisoned, as defined in section 1.05 of the Revised	2842
Code;	2843

(ii) Serving a term in a community-based correctional	2844
facility or a district community-based correctional facility;	2845

(iii) Required, as a condition of parole, probation,	2846
transitional control, or early release from imprisonment, as a	2847
condition of shock parole or shock probation granted under the law	2848
in effect prior to July 1, 1996, or as a condition of a furlough	2849
granted under the version of section 2967.26 of the Revised Code	2850
in effect prior to the effective date of this amendmentMarch17,	2851
1998, to reside in a halfway house or other community residential	2852
center licensed under section 2967.14 of the Revised Code or a	2853
similar facility designated by the common pleas court that	2854
established the condition or by the adult parole authority.	2855

(b) The person is imprisoned in a state correctional	2856
institution of another state or a federal correctional institution	2857
but was an Ohio resident at the time the sentence was imposed for	2858
the crime for which the person is imprisoned.	2859

(3) A person is "in a juvenile residential placement" if the	2860
person is an Ohio resident who is under twenty-one years of age	2861
and has been removed, by the order of a juvenile court, from the	2862
place the person resided at the time the person became subject to	2863
the court's jurisdiction in the matter that resulted in the	2864
person's removal.	2865

(B) If the circumstances described in division (C) of this	2866
section apply, the determination of what school district must	2867
admit a child to its schools and what district, if any, is liable	2868
for tuition shall be made in accordance with this section, rather	2869
than section 3313.64 of the Revised Code.	2870

(C) A child who does not reside in the school district in	2871
which the child's parent resides and for whom a tuition obligation	2872
previously has not been established under division (C)(2) of	2873
section 3313.64 of the Revised Code shall be admitted to the	2874
schools of the district in which the child resides if at least one	2875
of the child's parents is in a residential or correctional	2876
facility or a juvenile residential placement and the other parent,	2877
if living and not in such a facility or placement, is not known to	2878
reside in this state.	2879

(D) Regardless of who has custody or care of the child,	2880
whether the child resides in a home, or whether the child receives	2881
special education, if a district admits a child under division (C)	2882
of this section, tuition shall be paid to that district as	2883
follows:	2884

(1) If the child's parent is in a juvenile residential	2885
placement, by the district in which the child's parent resided at	2886
the time the parent became subject to the jurisdiction of the	2887
juvenile court;	2888

(2) If the child's parent is in a correctional facility, by	2889
the district in which the child's parent resided at the time the	2890
sentence was imposed;	2891

(3) If the child's parent is in a residential facility, by	2892
the district in which the parent resided at the time the parent	2893
was admitted to the residential facility, except that if the	2894
parent was transferred from another residential facility, tuition	2895
shall be paid by the district in which the parent resided at the	2896
time the parent was admitted to the facility from which the parent	2897
first was transferred;	2898

(4) In the event of a disagreement as to which school	2899
district is liable for tuition under division (C)(1), (2), or (3)	2900
of this section, the superintendent of public instruction shall	2901
determine which district shall pay tuition.	2902

(E) If a child covered by division (D) of this section	2903
receives special education in accordance with Chapter 3323. of the	2904
Revised Code, the tuition shall be paid in accordance with section	2905
3323.13 or 3323.14 of the Revised Code. Tuition for children who	2906
do not receive special education shall be paid in accordance with	2907
division (I)(J) of section 3313.64 of the Revised Code.	2908

Sec. 3313.97.  Notwithstanding division (D) of section	2909
3311.19 and division (D) of section 3311.52 of the Revised Code,	2910
this section does not apply to any joint vocational or cooperative	2911
education school district.	2912

(A) As used in this section:

2913

(1) "Parent" has the same meaning as in section 3313.64 of	2914
the Revised Code.	2915

(2) "Alternative school" means a school building other than	2916
the one to which a student is assigned by the district	2917
superintendent.	2918

(3) "IEP" means an individualized education program defined	2919
by division (E) of section 3323.01 of the Revised Code.	2920

(B) The board of education of each city, local, and exempted	2921
village school district shall adopt an open enrollment policy	2922
allowing students entitled to attend school in the district	2923
pursuant to section 3313.64 or 3313.65 of the Revised Code,	2924
effective with the school year that begins July 1, 1993, to enroll	2925
in an alternative school. Each policy shall provide for the	2926
following:	2927

(1) Application procedures, including deadlines for	2928
application and for notification of students and principals of	2929
alternative schools whenever a student's application is accepted.	2930
The policy shall require a student to apply only if hethe student	2931
wishes to attend an alternative school.	2932

(2) Procedures for admitting applicants to alternative	2933
schools, including but not limited to:	2934

(a) The establishment of district capacity limits by grade	2935
level, school building, and education program;	2936

(b)(3) A requirement that students enrolled in a school	2937
building or living in any attendance area of the school building	2938
established by the superintendent or board be given preference	2939
over applicants;	2940

(c)(4) Procedures to ensure that an appropriate racial	2941
balance is maintained in the district schools.	2942

(C) Except as provided in section 3313.982 of the Revised	2943
Code, the procedures for admitting applicants to alternative	2944
schools shall not include:	2945

(1) Any requirement of academic ability, or any level of	2946
athletic, artistic, or other extracurricular skills;	2947

(2) Limitations on admitting applicants because of	2948
handicapping conditions, except that a board may require a student	2949
receiving services under Chapter 3323. of the Revised Code to	2950
attend school where the services described in the student's IEP	2951
are available;	2952

(3) A requirement that the student be proficient in the	2953
English language;	2954

(4) Rejection of any applicant because the student has been	2955
subject to disciplinary proceedings, except that if an applicant	2956
has been suspended or expelled for ten consecutive days or more in	2957
the term for which admission is sought or in the term immediately	2958
preceding the term for which admission is sought, the procedures	2959
may include a provision denying admission of such applicant to an	2960
alternative school.	2961

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	2962
except as provided in division (D)(2) of this section, a district	2963
board is not required to provide transportation to a	2964
nonhandicapped student enrolled in an alternative school unless	2965
such student can be picked up and dropped off at a regular school	2966
bus stop designated in accordance with the board's transportation	2967
policy or unless the board is required to provide additional	2968
transportation to the student in accordance with a court-approved	2969
desegregation plan.	2970

(2) A district board shall provide transportation to any	2971
student enrolled in an alternative school pursuant to division (E)	2972
of section 3302.04 of the Revised Code to the extent required by	2973
that division, except that no district board shall be required to	2974
provide transportation to any student enrolled in an alternative	2975
school pursuant to division (E) of section 3302.04 of the Revised	2976
Code after the date the school in which the student was enrolled	2977
immediately prior to enrolling in the alternative school ceases to	2978
be subject to that division.	2979

(E) Each school board shall provide information about the	2980
policy adopted under this section and the application procedures	2981
and deadlines to the parent of each student in the district and to	2982
the general public.	2983

(F) The state board of education shall monitor school	2984
districts to ensure compliance with this section and the	2985
districts' policies.	2986

Sec. 3314.012.  (A) Within ninety days of the effective date	2987
of this sectionSeptember28, 1999, the superintendent of public	2988
instruction shall appoint representatives of the department of	2989
education, including employees who work with the education	2990
management information system and employees of the office of	2991
school optionscommunity schools established by section 3314.11 of	2992
the Revised Code, to a committee to develop report card models for	2993
community schools. The director of the legislative office of	2994
education oversight shall also appoint representatives to the	2995
committee. The committee shall design model report cards	2996
appropriate for the various types of community schools approved to	2997
operate in the state. Sufficient models shall be developed to	2998
reflect the variety of grade levels served and the missions of the	2999
state's community schools. All models shall include both financial	3000
and academic data. The initial models shall be developed by March	3001
31, 2000.	3002

(B) The department of education shall issue an annual report	3003
card for each community school. The report card shall report the	3004
academic and financial performance of the school utilizing one of	3005
the models developed under division (A) of this section. The	3006
report card shall include all information applicable to school	3007
buildings under division (A) of section 3302.03 of the Revised	3008
Code.	3009

(C) Upon receipt of a copy of a contract between a sponsor	3010
and a community school entered into under this chapter, the	3011
department of education shall notify the community school of the	3012
specific model report card that will be used for that school.	3013

(D) Report cards shall be distributed to the parents of all	3014
students in the community school, to the members of the board of	3015
education of the school district in which the community school is	3016
located, and to any person who requests one from the department.	3017

(E) No report card shall be issued for any community school	3018
under this section until the school has been open for instruction	3019
for two full school years.	3020

Sec. 3314.02.  (A) As used in this chapter:

3021

(1) "Sponsor" means an entity listed in division (C)(1) of	3022
this section, which has been approved by the department of	3023
education to sponsor community schools and with which the	3024
governing authority of the proposed community school enters into a	3025
contract pursuant to this section.	3026

(2) "Pilot project area" means the school districts included	3027
in the territory of the former community school pilot project	3028
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3029
the 122nd general assembly.	3030

(3) "Challenged school district" means any of the following:

3031

(a) A school district that is part of the pilot project area;

3032

(b) A school district that is either in a state of academic	3033
emergency or in a state of academic watch under section 3302.03 of	3034
the Revised Code;	3035

(c) A big eight school district;

3036

(d) An urban school district.

3037

(4) "Big eight school district" means a school district that	3038
for fiscal year 1997 had both of the following:	3039

(a) A percentage of children residing in the district and	3040
participating in the predecessor of Ohio works first greater than	3041
thirty per cent, as reported pursuant to section 3317.10 of the	3042
Revised Code;	3043

(b) An average daily membership greater than twelve thousand,	3044
as reported pursuant to former division (A) of section 3317.03 of	3045
the Revised Code.	3046

(5) "New start-up school" means a community school other than	3047
one created by converting all or part of an existing public	3048
school, as designated in the school's contract pursuant to	3049
division (A)(17) of section 3314.03 of the Revised Code.	3050

(6) "Urban school district" means one of the state's	3051
twenty-one urban school districts as defined in division (O) of	3052
section 3317.02 of the Revised Code as that section existed prior	3053
to July 1, 1998.	3054

(7) "Internet- or computer-based community school" means a	3055
community school established under this chapter in which the	3056
enrolled students work primarily from their residences on	3057
assignments in nonclassroom-based learning opportunities provided	3058
via an internet- or other computer-based instructional method that	3059
does not rely on regular classroom instruction or via	3060
comprehensive instructional methods that include internet-based,	3061
other computer-based, and noncomputer-based learning	3062
opportunities.	3063

(B) Any person or group of individuals may initially propose	3064
under this division the conversion of all or a portion of a public	3065
school to a community school. The proposal shall be made to the	3066
board of education of the city, local, or exempted village school	3067
district in which the public school is proposed to be converted.	3068
Upon receipt of a proposal, a board may enter into a preliminary	3069
agreement with the person or group proposing the conversion of the	3070
public school, indicating the intention of the board of education	3071
to support the conversion to a community school. A proposing	3072
person or group that has a preliminary agreement under this	3073
division may proceed to finalize plans for the school, establish a	3074
governing authority for the school, and negotiate a contract with	3075
the board of education. Provided the proposing person or group	3076
adheres to the preliminary agreement and all provisions of this	3077
chapter, the board of education shall negotiate in good faith to	3078
enter into a contract in accordance with section 3314.03 of the	3079
Revised Code and division (C) of this section.	3080

(C)(1) Any person or group of individuals may propose under	3081
this division the establishment of a new start-up school to be	3082
located in a challenged school district. The proposal may be made	3083
to any of the following entities:	3084

(a) The board of education of the district in which the	3085
school is proposed to be located;	3086

(b) The board of education of any joint vocational school	3087
district with territory in the county in which is located the	3088
majority of the territory of the district in which the school is	3089
proposed to be located;	3090

(c) The board of education of any other city, local, or	3091
exempted village school district having territory in the same	3092
county where the district in which the school is proposed to be	3093
located has the major portion of its territory;	3094

(d) The governing board of any educational service center as	3095
long as the proposed school will be located in a county within the	3096
territory of the service center or in a county contiguous to such	3097
county;	3098

(e) A sponsoring authority designated by the board of	3099
trustees of any of the thirteen state universities listed in	3100
section 3345.011 of the Revised Code or the board of trustees	3101
itself as long as a mission of the proposed school to be specified	3102
in the contract under division (A)(2) of section 3314.03 of the	3103
Revised Code and as approved by the department of education under	3104
division (B)(2) of section 3314.015 of the Revised Code will be	3105
the practical demonstration of teaching methods, educational	3106
technology, or other teaching practices that are included in the	3107
curriculum of the university's teacher preparation program	3108
approved by the state board of education;	3109

(f) Any qualified tax-exempt entity under section 501(c)(3)	3110
of the Internal Revenue Code as long as all of the following	3111
conditions are satisfied:	3112

(i) The entity has been in operation for at least five years	3113
prior to applying to be a community school sponsor.	3114

(ii) The entity has assets of at least five hundred thousand	3115
dollars.	3116

(iii) The department of education has determined that the	3117
entity is an education-oriented entity under division (B)(3) of	3118
section 3314.015 of the Revised Code.	3119

Until July 1, 2005, any entity described in division	3120
(C)(1)(f) of this section may sponsor only schools that formerly	3121
were sponsored by the state board of education under division	3122
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	3123
After July 1, 2005, such entity may sponsor any new or existing	3124
school.	3125

Any entity described in division (C)(1) of this section may	3126
enter into a preliminary agreement pursuant to division (C)(2) of	3127
this section with the proposing person or group.	3128

(2) A preliminary agreement indicates the intention of an	3129
entity described in division (C)(1) of this section to sponsor the	3130
community school. A proposing person or group that has such a	3131
preliminary agreement may proceed to finalize plans for the	3132
school, establish a governing authority as described in division	3133
(E) of this section for the school, and negotiate a contract with	3134
the entity. Provided the proposing person or group adheres to the	3135
preliminary agreement and all provisions of this chapter, the	3136
entity shall negotiate in good faith to enter into a contract in	3137
accordance with section 3314.03 of the Revised Code.	3138

(3) A new start-up school that is established in a school	3139
district while that district is either in a state of academic	3140
emergency or in a state of academic watch under section 3302.03 of	3141
the Revised Code may continue in existence once the school	3142
district is no longer in a state of academic emergency or academic	3143
watch, provided there is a valid contract between the school and a	3144
sponsor.	3145

(4) A copy of every preliminary agreement entered into under	3146
this division shall be filed with the superintendent of public	3147
instruction.	3148

(D) A majority vote of the board of a sponsoring entity and a	3149
majority vote of the members of the governing authority of a	3150
community school shall be required to adopt a contract and convert	3151
the public school to a community school or establish the new	3152
start-up school. Up to the statewide limit prescribed in section	3153
3314.013 of the Revised Code, an unlimited number of community	3154
schools may be established in any school district provided that a	3155
contract is entered into for each community school pursuant to	3156
this chapter.	3157

(E) As used in this division, "immediate relatives" are	3158
limited to spouses, children, parents, grandparents, siblings, and	3159
in-laws.	3160

Each new start-up community school established under this	3161
chapter shall be under the direction of a governing authority	3162
which shall consist of a board of not less than five individuals	3163
who are not owners or employees, or immediate relatives of owners	3164
or employees, of any for-profit firm that operates or manages a	3165
school for the governing authority.	3166

No person shall serve on the governing authority or operate	3167
the community school under contract with the governing authority	3168
so long as the person owes the state any money or is in a dispute	3169
over whether the person owes the state any money concerning the	3170
operation of a community school that has closed.	3171

(F) Nothing in this chapter shall be construed to permit the	3172
establishment of a community school in more than one school	3173
district under the same contract.	3174

(G) A new start-up school that is established prior to the	3175
effective date of this amendment in an urban school district that	3176
is not also a big-eight school district may continue to operate	3177
after the effective date of this amendment and the contract	3178
between the school's governing authority and the school's sponsor	3179
may be renewed, as provided under this chapter, after the	3180
effective date of this amendment, but no additional new start-up	3181
schools may be established in such a district unless the district	3182
is a challenged school district as defined in this section as it	3183
exists on and after the effective date of this amendment.	3184

Sec. 3314.03.  A copy of every contract entered into under	3185
this section shall be filed with the superintendent of public	3186
instruction.	3187

(A) Each contract entered into between a sponsor and the	3188
governing authority of a community school shall specify the	3189
following:	3190

(1) That the school shall be established as either of the	3191
following:	3192

(a) A nonprofit corporation established under Chapter 1702.	3193
of the Revised Code, if established prior to the effective date of	3194
this amendmentApril 8, 2003;	3195

(b) A public benefit corporation established under Chapter	3196
1702. of the Revised Code, if established after the effective date	3197
of this amendmentApril 8, 2003;	3198

(2) The education program of the school, including the	3199
school's mission, the characteristics of the students the school	3200
is expected to attract, the ages and grades of students, and the	3201
focus of the curriculum;	3202

(3) The academic goals to be achieved and the method of	3203
measurement that will be used to determine progress toward those	3204
goals, which shall include the statewide achievement tests;	3205

(4) Performance standards by which the success of the school	3206
will be evaluated by the sponsor;	3207

(5) The admission standards of section 3314.06 of the Revised	3208
Code;	3209

(6)(a) Dismissal procedures;

3210

(b) A requirement that the governing authority adopt an	3211
attendance policy that includes a procedure for automatically	3212
withdrawing a student from the school if the student without a	3213
legitimate excuse fails to participate in one hundred five	3214
cumulative hours of the learning opportunities offered to the	3215
student. Such a policy shall provide for withdrawing the student	3216
by the end of the thirtieth day after the student has failed to	3217
participate as required under this division.	3218

(7) The ways by which the school will achieve racial and	3219
ethnic balance reflective of the community it serves;	3220

(8) Requirements for financial audits by the auditor of	3221
state. The contract shall require financial records of the school	3222
to be maintained in the same manner as are financial records of	3223
school districts, pursuant to rules of the auditor of state, and	3224
the audits shall be conducted in accordance with section 117.10 of	3225
the Revised Code.	3226

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

3227

(10) Qualifications of teachers, including a requirement that	3228
the school's classroom teachers be licensed in accordance with	3229
sections 3319.22 to 3319.31 of the Revised Code, except that a	3230
community school may engage noncertificated persons to teach up to	3231
twelve hours per week pursuant to section 3319.301 of the Revised	3232
Code;	3233

(11) That the school will comply with the following	3234
requirements:	3235

(a) The school will provide learning opportunities to a	3236
minimum of twenty-five students for a minimum of nine hundred	3237
twenty hours per school year;	3238

(b) The governing authority will purchase liability	3239
insurance, or otherwise provide for the potential liability of the	3240
school;	3241

(c) The school will be nonsectarian in its programs,	3242
admission policies, employment practices, and all other	3243
operations, and will not be operated by a sectarian school or	3244
religious institution;	3245

(d) The school will comply with sections 9.90, 9.91, 109.65,	3246
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	3247
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	3248
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	3249
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	3250
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	3251
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	3252
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	3253
4123., 4141., and 4167. of the Revised Code as if it were a school	3254
district and will comply with section 3301.0714 of the Revised	3255
Code in the manner specified in section 3314.17 of the Revised	3256
Code;	3257

(e) The school shall comply with Chapter 102. of the Revised	3258
Code except that nothing in that chapter shall prohibit a member	3259
of the school's governing board from also being an employee of the	3260
school and nothing in that chapter or section 2921.42 of the	3261
Revised Code shall prohibit a member of the school's governing	3262
board from having an interest in a contract into which the	3263
governing board enters that is not a contract with a for-profit	3264
firm for the operation or management of a school under the	3265
auspices of the governing authority;	3266

(f) The school will comply with sections 3313.61, 3313.611,	3267
and 3313.614 of the Revised Code, except that the requirement in	3268
sections 3313.61 and 3313.611 of the Revised Code that a person	3269
must successfully complete the curriculum in any high school prior	3270
to receiving a high school diploma may be met by completing the	3271
curriculum adopted by the governing authority of the community	3272
school rather than the curriculum specified in Title XXXIII of the	3273
Revised Code or any rules of the state board of education;	3274

(g) The school governing authority will submit within four	3275
months after the end of each school year a report of its	3276
activities and progress in meeting the goals and standards of	3277
divisions (A)(3) and (4) of this section and its financial status	3278
to the sponsor, the parents of all students enrolled in the	3279
school, and the legislative office of education oversight. The	3280
school will collect and provide any data that the legislative	3281
office of education oversight requests in furtherance of any study	3282
or research that the general assembly requires the office to	3283
conduct, including the studies required under Section 50.39 of Am.	3284
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	3285
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	3286

(12) Arrangements for providing health and other benefits to	3287
employees;	3288

(13) The length of the contract, which shall begin at the	3289
beginning of an academic year. No contract shall exceed five years	3290
unless such contract has been renewed pursuant to division (E) of	3291
this section.	3292

(14) The governing authority of the school, which shall be	3293
responsible for carrying out the provisions of the contract;	3294

(15) A financial plan detailing an estimated school budget	3295
for each year of the period of the contract and specifying the	3296
total estimated per pupil expenditure amount for each such year.	3297
The plan shall specify for each year the base formula amount that	3298
will be used for purposes of funding calculations under section	3299
3314.08 of the Revised Code. This base formula amount for any year	3300
shall not exceed the formula amount defined under section 3317.02	3301
of the Revised Code. The plan may also specify for any year a	3302
percentage figure to be used for reducing the per pupil amount of	3303
disadvantaged pupil impact aid calculated pursuant to section	3304
3317.029 of the Revised Code the school is to receive that year	3305
under section 3314.08 of the Revised Code.	3306

(16) Requirements and procedures regarding the disposition of	3307
employees of the school in the event the contract is terminated or	3308
not renewed pursuant to section 3314.07 of the Revised Code;	3309

(17) Whether the school is to be created by converting all or	3310
part of an existing public school or is to be a new start-up	3311
school, and if it is a converted public school, specification of	3312
any duties or responsibilities of an employer that the board of	3313
education that operated the school before conversion is delegating	3314
to the governing board of the community school with respect to all	3315
or any specified group of employees provided the delegation is not	3316
prohibited by a collective bargaining agreement applicable to such	3317
employees;	3318

(18) Provisions establishing procedures for resolving	3319
disputes or differences of opinion between the sponsor and the	3320
governing authority of the community school;	3321

(19) A provision requiring the governing authority to adopt a	3322
policy regarding the admission of students who reside outside the	3323
district in which the school is located. That policy shall comply	3324
with the admissions procedures specified in section 3314.06 of the	3325
Revised Code and, at the sole discretion of the authority, shall	3326
do one of the following:	3327

(a) Prohibit the enrollment of students who reside outside	3328
the district in which the school is located;	3329

(b) Permit the enrollment of students who reside in districts	3330
adjacent to the district in which the school is located;	3331

(c) Permit the enrollment of students who reside in any other	3332
district in the state.	3333

(20) A provision recognizing the authority of the department	3334
of education to take over the sponsorship of the school in	3335
accordance with the provisions of division (C) of section 3314.015	3336
of the Revised Code;	3337

(21) A provision recognizing the sponsor's authority to	3338
assume the operation of a school under the conditions specified in	3339
division (B) of section 3314.073 of the Revised Code;	3340

(22) A provision recognizing both of the following:

3341

(a) The authority of public health and safety officials to	3342
inspect the facilities of the school and to order the facilities	3343
closed if those officials find that the facilities are not in	3344
compliance with health and safety laws and regulations;	3345

(b) The authority of the department of education as the	3346
community school oversight body to suspend the operation of the	3347
school under section 3314.072 of the Revised Code if the	3348
department has evidence of conditions or violations of law at the	3349
school that pose an imminent danger to the health and safety of	3350
the school's students and employees and the sponsor refuses to	3351
take such action;	3352

(23) A description of the learning opportunities that will be	3353
offered to students including both classroom-based and	3354
non-classroom-based learning opportunities that is in compliance	3355
with criteria for student participation established by the	3356
department under division (L)(2) of section 3314.08 of the Revised	3357
Code;	3358

(24) The school will comply with section 3302.04 of the	3359
Revised Code, including division (E) of that section to the extent	3360
possible, except that any action required to be taken by a school	3361
district pursuant to that section shall be taken by the sponsor of	3362
the school. However, the sponsor shall not be required to take any	3363
action described in division (F) of that section.	3364

(B) The community school shall also submit to the sponsor a	3365
comprehensive plan for the school. The plan shall specify the	3366
following:	3367

(1) The process by which the governing authority of the	3368
school will be selected in the future;	3369

(2) The management and administration of the school;

3370

(3) If the community school is a currently existing public	3371
school, alternative arrangements for current public school	3372
students who choose not to attend the school and teachers who	3373
choose not to teach in the school after conversion;	3374

(4) The instructional program and educational philosophy of	3375
the school;	3376

(5) Internal financial controls.

3377

(C) A contract entered into under section 3314.02 of the	3378
Revised Code between a sponsor and the governing authority of a	3379
community school may provide for the community school governing	3380
authority to make payments to the sponsor, which is hereby	3381
authorized to receive such payments as set forth in the contract	3382
between the governing authority and the sponsor. The total amount	3383
of such payments for oversight and monitoring of the school shall	3384
not exceed three per cent of the total amount of payments for	3385
operating expenses that the school receives from the state.	3386

(D) The contract shall specify the duties of the sponsor	3387
which shall be in accordance with the written agreement entered	3388
into with the department of education under division (B) of	3389
section 3314.015 of the Revised Code and shall include the	3390
following:	3391

(1) Monitor the community school's compliance with all laws	3392
applicable to the school and with the terms of the contract;	3393

(2) Monitor and evaluate the academic and fiscal performance	3394
and the organization and operation of the community school on at	3395
least an annual basis;	3396

(3) Report on an annual basis the results of the evaluation	3397
conducted under division (D)(2) of this section to the department	3398
of education and to the parents of students enrolled in the	3399
community school;	3400

(4) Provide technical assistance to the community school in	3401
complying with laws applicable to the school and terms of the	3402
contract;	3403

(5) Take steps to intervene in the school's operation to	3404
correct problems in the school's overall performance, declare the	3405
school to be on probationary status pursuant to section 3314.073	3406
of the Revised Code, suspend the operation of the school pursuant	3407
to section 3314.072 of the Revised Code, or terminate the contract	3408
of the school pursuant to section 3314.07 of the Revised Code as	3409
determined necessary by the sponsor;	3410

(6) Have in place a plan of action to be undertaken in the	3411
event the community school experiences financial difficulties or	3412
closes prior to the end of a school year.	3413

(E) Upon the expiration of a contract entered into under this	3414
section, the sponsor of a community school may, with the approval	3415
of the governing authority of the school, renew that contract for	3416
a period of time determined by the sponsor, but not ending earlier	3417
than the end of any school year, if the sponsor finds that the	3418
school's compliance with applicable laws and terms of the contract	3419
and the school's progress in meeting the academic goals prescribed	3420
in the contract have been satisfactory. Any contract that is	3421
renewed under this division remains subject to the provisions of	3422
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3423

Sec. 3314.033.  Not later than September 30, 2003, the state	3424
board of education shall recommend to the general assembly	3425
standards governing the operation of internet- or computer-based	3426
community schools, as defined in section 3314.02 of the Revised	3427
Code, and other educational courses delivered primarily via	3428
electronic media.	3429

Sec. 3314.20.  This section does not apply to any school	3430
district declared to be excellent or effective pursuant to	3431
division (B)(1) or (2) of section 3302.03 of the Revised Code.	3432

(A) The departmentstate board of education shall recommend	3433
adopt rules to the general assembly requiring school districts	3434
with a total student count of over five thousand, as determined	3435
pursuant to section 3317.03 of the Revised Code, to designate one	3436
school building to be operated by a site-based management council.	3437
The rules shall specify the composition of the council and the	3438
manner in which members of the council are to be selected and	3439
removed.	3440

(B) The rules adopted under division (A) of this section	3441
shall specify those powers, duties, functions, and	3442
responsibilities that shall be vested in the management council	3443
and that would otherwise be exercised by the district board of	3444
education. The rules shall also establish a mechanism for	3445
resolving any differences between the council and the district	3446
board if there is disagreement as to their respective powers,	3447
duties, functions, and responsibilities.	3448

(C) The board of education of any school district described	3449
by division (A) of this section may, in lieu of complying with the	3450
rules adopted under this section, file with the department of	3451
education an alternative structure for a district site-based	3452
management program in at least one of its school buildings. The	3453
proposal shall specify the composition of the council, which shall	3454
include an equal number of parents and teachers and the building	3455
principal, and the method of selection and removal of the council	3456
members. The proposal shall also clearly delineate the respective	3457
powers, duties, functions, and responsibilities of the district	3458
board and the council. The district's proposal shall comply	3459
substantially with the rules approved by the general assembly.	3460

(D) The rules recommended under this section shall take	3461
effect upon approval of the general assembly through the passage	3462
of a joint resolutionadopted under division (A) of this section.	3463

Sec. 3317.01.  As used in this section and section 3317.011	3464
of the Revised Code, "school district," unless otherwise	3465
specified, means any city, local, exempted village, joint	3466
vocational, or cooperative education school district and any	3467
educational service center.	3468

This chapter shall be administered by the state board of	3469
education. The superintendent of public instruction shall	3470
calculate the amounts payable to each school district and shall	3471
certify the amounts payable to each eligible district to the	3472
treasurer of the district as provided by this chapter. No moneys	3473
shall be distributed pursuant to this chapter without the approval	3474
of the controlling board.	3475

The state board of education shall, in accordance with	3476
appropriations made by the general assembly, meet the financial	3477
obligations of this chapter.	3478

Annually, the department of education shall calculate and	3479
report to each school district the district's total state and	3480
local funds for providing an adequate basic education to the	3481
district's nonhandicapped students, utilizing the determination in	3482
section 3317.012 of the Revised Code. In addition, the department	3483
shall calculate and report separately for each school district the	3484
district's total state and local funds for providing an adequate	3485
education for its handicapped students, utilizing the	3486
determinations in both sections 3317.012 and 3317.013 of the	3487
Revised Code.	3488

Not later than the thirty-first day of August of each fiscal	3489
year, the department of education shall provide to each school	3490
district and county MR/DD board a preliminary estimate of the	3491
amount of funding that the department calculates the district will	3492
receive under each of divisions (C)(1) and (4) of section 3317.022	3493
of the Revised Code. No later than the first day of December of	3494
each fiscal year, the department shall update that preliminary	3495
estimate.	3496

Moneys distributed pursuant to this chapter shall be	3497
calculated and paid on a fiscal year basis, beginning with the	3498
first day of July and extending through the thirtieth day of June.	3499
The moneys appropriated for each fiscal year shall be distributed	3500
at least monthly to each school district unless otherwise provided	3501
for. The state board shall submit a yearly distribution plan to	3502
the controlling board at its first meeting in July. The state	3503
board shall submit any proposed midyear revision of the plan to	3504
the controlling board in January. Any year-end revision of the	3505
plan shall be submitted to the controlling board in June. If	3506
moneys appropriated for each fiscal year are distributed other	3507
than monthly, such distribution shall be on the same basis for	3508
each school district.	3509

The total amounts paid each month shall constitute, as nearly	3510
as possible, one-twelfth of the total amount payable for the	3511
entire year. Payments made during the first six months of the	3512
fiscal year may be based on an estimate of the amounts payable for	3513
the entire year. Payments made in the last six months shall be	3514
based on the final calculation of the amounts payable to each	3515
school district for that fiscal year. Payments made in the last	3516
six months may be adjusted, if necessary, to correct the amounts	3517
distributed in the first six months, and to reflect enrollment	3518
increases when such are at least three per cent. ExceptHowever,	3519
beginning in fiscal year 2005, payments shall be calculated to	3520
reflect the biannual reporting of formula ADM. In fiscal year	3521
2005, payments for the months of July through March shall be based	3522
on the formula ADM, special education ADM, and vocational	3523
education ADM certified in October 2004, and payments for April	3524
through June shall be based on the formula ADM, special education	3525
ADM, and vocational education ADM certified in March 2005. After	3526
fiscal year 2005, payments for July through October shall be based	3527
on the formula ADM, special education ADM, and vocational	3528
education ADM certified in March of the previous fiscal year,	3529
payments for November through March shall be based on the formula	3530
ADM, special education ADM, and vocational education ADM certified	3531
in October of the current fiscal year, and payments for April	3532
through June shall be based on formula ADM, special education ADM,	3533
and vocational education ADM certified in March of the current	3534
fiscal year.	3535

Except as otherwise provided, payments under this chapter	3536
shall be made only to those school districts in which:	3537

(A) The school district, except for any educational service	3538
center and any joint vocational or cooperative education school	3539
district, levies for current operating expenses at least twenty	3540
mills. Levies for joint vocational or cooperative education school	3541
districts or county school financing districts, limited to or to	3542
the extent apportioned to current expenses, shall be included in	3543
this qualification requirement. School district income tax levies	3544
under Chapter 5748. of the Revised Code, limited to or to the	3545
extent apportioned to current operating expenses, shall be	3546
included in this qualification requirement to the extent	3547
determined by the tax commissioner under division (D) of section	3548
3317.021 of the Revised Code.	3549

(B) The school year next preceding the fiscal year for which	3550
such payments are authorized meets the requirement of section	3551
3313.48 or 3313.481 of the Revised Code, with regard to the	3552
minimum number of days or hours school must be open for	3553
instruction with pupils in attendance, for individualized	3554
parent-teacher conference and reporting periods, and for	3555
professional meetings of teachers. This requirement shall be	3556
waived by the superintendent of public instruction if it had been	3557
necessary for a school to be closed because of disease epidemic,	3558
hazardous weather conditions, inoperability of school buses or	3559
other equipment necessary to the school's operation, damage to a	3560
school building, or other temporary circumstances due to utility	3561
failure rendering the school building unfit for school use,	3562
provided that for those school districts operating pursuant to	3563
section 3313.48 of the Revised Code the number of days the school	3564
was actually open for instruction with pupils in attendance and	3565
for individualized parent-teacher conference and reporting periods	3566
is not less than one hundred seventy-five, or for those school	3567
districts operating on a trimester plan the number of days the	3568
school was actually open for instruction with pupils in attendance	3569
not less than seventy-nine days in any trimester, for those school	3570
districts operating on a quarterly plan the number of days the	3571
school was actually open for instruction with pupils in attendance	3572
not less than fifty-nine days in any quarter, or for those school	3573
districts operating on a pentamester plan the number of days the	3574
school was actually open for instruction with pupils in attendance	3575
not less than forty-four days in any pentamester.	3576

A school district shall not be considered to have failed to	3577
comply with this division or section 3313.481 of the Revised Code	3578
because schools were open for instruction but either twelfth grade	3579
students were excused from attendance for up to three days or only	3580
a portion of the kindergarten students were in attendance for up	3581
to three days in order to allow for the gradual orientation to	3582
school of such students.	3583

The superintendent of public instruction shall waive the	3584
requirements of this section with reference to the minimum number	3585
of days or hours school must be in session with pupils in	3586
attendance for the school year succeeding the school year in which	3587
a board of education initiates a plan of operation pursuant to	3588
section 3313.481 of the Revised Code. The minimum requirements of	3589
this section shall again be applicable to such a district	3590
beginning with the school year commencing the second July	3591
succeeding the initiation of one such plan, and for each school	3592
year thereafter.	3593

A school district shall not be considered to have failed to	3594
comply with this division or section 3313.48 or 3313.481 of the	3595
Revised Code because schools were open for instruction but the	3596
length of the regularly scheduled school day, for any number of	3597
days during the school year, was reduced by not more than two	3598
hours due to hazardous weather conditions.	3599

(C) The school district has on file, and is paying in	3600
accordance with, a teachers' salary schedule which complies with	3601
section 3317.13 of the Revised Code.	3602

A board of education or governing board of an educational	3603
service center which has not conformed with other law and the	3604
rules pursuant thereto, shall not participate in the distribution	3605
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	3606
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	3607
and sufficient reason established to the satisfaction of the state	3608
board of education and the state controlling board.	3609

All funds allocated to school districts under this chapter,	3610
except those specifically allocated for other purposes, shall be	3611
used to pay current operating expenses only.	3612

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	3613
Revised Code, the amounts required to be paid to a district under	3614
this chapter shall be adjusted by the amount of the computations	3615
made under divisions (B) to (L) of this section.	3616

As used in this section:

3617

(1) "Classroom teacher" means a licensed employee who	3618
provides direct instruction to pupils, excluding teachers funded	3619
from money paid to the district from federal sources; educational	3620
service personnel; and vocational and special education teachers.	3621

(2) "Educational service personnel" shall not include such	3622
specialists funded from money paid to the district from federal	3623
sources or assigned full-time to vocational or special education	3624
students and classes and may only include those persons employed	3625
in the eight specialist areas in a pattern approved by the	3626
department of education under guidelines established by the state	3627
board of education.	3628

(3) "Annual salary" means the annual base salary stated in	3629
the state minimum salary schedule for the performance of the	3630
teacher's regular teaching duties that the teacher earns for	3631
services rendered for the first full week of October of the fiscal	3632
year for which the adjustment is made under division (C) of this	3633
section. It shall not include any salary payments for supplemental	3634
teachers contracts.	3635

(4) "Regular student population" means the formula ADM plus	3636
the number of students reported as enrolled in the district	3637
pursuant to division (A)(1) of section 3313.981 of the Revised	3638
Code; minus the number of students reported under division (A)(2)	3639
of section 3317.03 of the Revised Code; minus the FTE of students	3640
reported under division (B)(5), (6), (7), (8), (9), (10), (11), or	3641
(12) of that section who are enrolled in a vocational education	3642
class or receiving special education; and minus one-fourth of the	3643
students enrolled concurrently in a joint vocational school	3644
district.	3645

(5) "State share percentage" has the same meaning as in	3646
section 3317.022 of the Revised Code.	3647

(6) "VEPD" means a school district or group of school	3648
districts designated by the department of education as being	3649
responsible for the planning for and provision of vocational	3650
education services to students within the district or group.	3651

(7) "Lead district" means a school district, including a	3652
joint vocational school district, designated by the department as	3653
a VEPD, or designated to provide primary vocational education	3654
leadership within a VEPD composed of a group of districts.	3655

(B) If the district employs less than one full-time	3656
equivalent classroom teacher for each twenty-five pupils in the	3657
regular student population in any school district, deduct the sum	3658
of the amounts obtained from the following computations:	3659

(1) Divide the number of the district's full-time equivalent	3660
classroom teachers employed by one twenty-fifth;	3661

(2) Subtract the quotient in (1) from the district's regular	3662
student population;	3663

(3) Multiply the difference in (2) by seven hundred fifty-two	3664
dollars.	3665

(C) If a positive amount, add one-half of the amount obtained	3666
by multiplying the number of full-time equivalent classroom	3667
teachers by:	3668

(1) The mean annual salary of all full-time equivalent	3669
classroom teachers employed by the district at their respective	3670
training and experience levels minus;	3671

(2) The mean annual salary of all such teachers at their	3672
respective levels in all school districts receiving payments under	3673
this section.	3674

The number of full-time equivalent classroom teachers used in	3675
this computation shall not exceed one twenty-fifth of the	3676
district's regular student population. In calculating the	3677
district's mean salary under this division, those full-time	3678
equivalent classroom teachers with the highest training level	3679
shall be counted first, those with the next highest training level	3680
second, and so on, in descending order. Within the respective	3681
training levels, teachers with the highest years of service shall	3682
be counted first, the next highest years of service second, and so	3683
on, in descending order.	3684

(D) This division does not apply to a school district that	3685
has entered into an agreement under division (A) of section	3686
3313.42 of the Revised Code. Deduct the amount obtained from the	3687
following computations if the district employs fewer than five	3688
full-time equivalent educational service personnel, including	3689
elementary school art, music, and physical education teachers,	3690
counselors, librarians, visiting teachers, school social workers,	3691
and school nurses for each one thousand pupils in the regular	3692
student population:	3693

(1) Divide the number of full-time equivalent educational	3694
service personnel employed by the district by five	3695
one-thousandths;	3696

(2) Subtract the quotient in (1) from the district's regular	3697
student population;	3698

(3) Multiply the difference in (2) by ninety-four dollars.

3699

(E) If a local school district, or a city or exempted village	3700
school district to which a governing board of an educational	3701
service center provides services pursuant to section 3313.843 of	3702
the Revised Code, deduct the amount of the payment required for	3703
the reimbursement of the governing board under section 3317.11 of	3704
the Revised Code.	3705

(F)(1) If the district is required to pay to or entitled to	3706
receive tuition from another school district under division (C)(2)	3707
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	3708
or if the superintendent of public instruction is required to	3709
determine the correct amount of tuition and make a deduction or	3710
credit under section 3317.08 of the Revised Code, deduct and	3711
credit such amounts as provided in division (I)(J) of section	3712
3313.64 or section 3317.08 of the Revised Code.	3713

(2) For each child for whom the district is responsible for	3714
tuition or payment under division (A)(1) of section 3317.082 or	3715
section 3323.091 of the Revised Code, deduct the amount of tuition	3716
or payment for which the district is responsible.	3717

(G) If the district has been certified by the superintendent	3718
of public instruction under section 3313.90 of the Revised Code as	3719
not in compliance with the requirements of that section, deduct an	3720
amount equal to ten per cent of the amount computed for the	3721
district under section 3317.022 of the Revised Code.	3722

(H) If the district has received a loan from a commercial	3723
lending institution for which payments are made by the	3724
superintendent of public instruction pursuant to division (E)(3)	3725
of section 3313.483 of the Revised Code, deduct an amount equal to	3726
such payments.	3727

(I)(1) If the district is a party to an agreement entered	3728
into under division (D), (E), or (F) of section 3311.06 or	3729
division (B) of section 3311.24 of the Revised Code and is	3730
obligated to make payments to another district under such an	3731
agreement, deduct an amount equal to such payments if the district	3732
school board notifies the department in writing that it wishes to	3733
have such payments deducted.	3734

(2) If the district is entitled to receive payments from	3735
another district that has notified the department to deduct such	3736
payments under division (I)(1) of this section, add the amount of	3737
such payments.	3738

(J) If the district is required to pay an amount of funds to	3739
a cooperative education district pursuant to a provision described	3740
by division (B)(4) of section 3311.52 or division (B)(8) of	3741
section 3311.521 of the Revised Code, deduct such amounts as	3742
provided under that provision and credit those amounts to the	3743
cooperative education district for payment to the district under	3744
division (B)(1) of section 3317.19 of the Revised Code.	3745

(K)(1) If a district is educating a student entitled to	3746
attend school in another district pursuant to a shared education	3747
contract, compact, or cooperative education agreement other than	3748
an agreement entered into pursuant to section 3313.842 of the	3749
Revised Code, credit to that educating district on an FTE basis	3750
both of the following:	3751

(a) An amount equal to the formula amount times the cost of	3752
doing business factor of the school district where the student is	3753
entitled to attend school pursuant to section 3313.64 or 3313.65	3754
of the Revised Code;	3755

(b) An amount equal to the formula amount times the state	3756
share percentage times any multiple applicable to the student	3757
pursuant to section 3317.013 or 3317.014 of the Revised Code.	3758

(2) Deduct any amount credited pursuant to division (K)(1) of	3759
this section from amounts paid to the school district in which the	3760
student is entitled to attend school pursuant to section 3313.64	3761
or 3313.65 of the Revised Code.	3762

(3) If the district is required by a shared education	3763
contract, compact, or cooperative education agreement to make	3764
payments to an educational service center, deduct the amounts from	3765
payments to the district and add them to the amounts paid to the	3766
service center pursuant to section 3317.11 of the Revised Code.	3767

(L)(1) If a district, including a joint vocational school	3768
district, is a lead district of a VEPD, credit to that district	3769
the amounts calculated for all the school districts within that	3770
VEPD pursuant to division (E)(2) of section 3317.022 of the	3771
Revised Code.	3772

(2) Deduct from each appropriate district that is not a lead	3773
district, the amount attributable to that district that is	3774
credited to a lead district under division (L)(1) of this section.	3775

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	3776
(C) of this section, any student enrolled in kindergarten more	3777
than half time shall be reported as one-half student under this	3778
section.	3779

(A) The superintendent of each city and exempted village	3780
school district and of each educational service center shall, for	3781
the schools under the superintendent's supervision, certify to the	3782
state board of education on or before the fifteenth day of October	3783
in each year for the first full school week in October the formula	3784
ADM, which. Beginning in fiscal year 2005, each superintendent	3785
also shall certify to the state board, for the schools under the	3786
superintendent's supervision, on or before the twentieth day of	3787
March of each year, the formula ADM for the week containing the	3788
eighth day of March. The formula ADM shall consist of the average	3789
daily membership during such week of the sum of the following:	3790

(1) On an FTE basis, the number of students in grades	3791
kindergarten through twelve receiving any educational services	3792
from the district, except that the following categories of	3793
students shall not be included in the determination:	3794

(a) Students enrolled in adult education classes;

3795

(b) Adjacent or other district students enrolled in the	3796
district under an open enrollment policy pursuant to section	3797
3313.98 of the Revised Code;	3798

(c) Students receiving services in the district pursuant to a	3799
compact, cooperative education agreement, or a contract, but who	3800
are entitled to attend school in another district pursuant to	3801
section 3313.64 or 3313.65 of the Revised Code;	3802

(d) Students for whom tuition is payable pursuant to sections	3803
3317.081 and 3323.141 of the Revised Code.	3804

(2) On an FTE basis, the number of students entitled to	3805
attend school in the district pursuant to section 3313.64 or	3806
3313.65 of the Revised Code, but receiving educational services in	3807
grades kindergarten through twelve from one or more of the	3808
following entities:	3809

(a) A community school pursuant to Chapter 3314. of the	3810
Revised Code, including any participation in a college pursuant to	3811
Chapter 3365. of the Revised Code while enrolled in such community	3812
school;	3813

(b) An alternative school pursuant to sections 3313.974 to	3814
3313.979 of the Revised Code as described in division (I)(2)(a) or	3815
(b) of this section;	3816

(c) A college pursuant to Chapter 3365. of the Revised Code,	3817
except when the student is enrolled in the college while also	3818
enrolled in a community school pursuant to Chapter 3314. of the	3819
Revised Code;	3820

(d) An adjacent or other school district under an open	3821
enrollment policy adopted pursuant to section 3313.98 of the	3822
Revised Code;	3823

(e) An educational service center or cooperative education	3824
district;	3825

(f) Another school district under a cooperative education	3826
agreement, compact, or contract.	3827

(3) One-fourth of the number of students enrolled in a joint	3828
vocational school district or under a vocational education	3829
compact, excluding any students entitled to attend school in the	3830
district under section 3313.64 or 3313.65 of the Revised Code who	3831
are enrolled in another school district through an open enrollment	3832
policy as reported under division (A)(2)(d) of this section and	3833
then enroll in a joint vocational school district or under a	3834
vocational education compact;	3835

(4) The number of handicapped children, other than	3836
handicapped preschool children, entitled to attend school in the	3837
district pursuant to section 3313.64 or 3313.65 of the Revised	3838
Code who are placed with a county MR/DD board, minus the number of	3839
such children placed with a county MR/DD board in fiscal year	3840
1998. If this calculation produces a negative number, the number	3841
reported under division (A)(4) of this section shall be zero.	3842

(B) To enable the department of education to obtain the data	3843
needed to complete the calculation of payments pursuant to this	3844
chapter, in addition to the formula ADM, each superintendent shall	3845
report separately the following student counts for the same week	3846
for which formula ADM is certified:	3847

(1) The total average daily membership in regular day classes	3848
included in the report under division (A)(1) or (2) of this	3849
section for kindergarten, and each of grades one through twelve in	3850
schools under the superintendent's supervision;	3851

(2) The number of all handicapped preschool children enrolled	3852
as of the first day of December in classes in the district that	3853
are eligible for approval by the state board of education under	3854
division (B) of section 3317.05 of the Revised Code and the number	3855
of those classes, which shall be reported not later than the	3856
fifteenth day of December, in accordance with rules adopted under	3857
that section;	3858

(3) The number of children entitled to attend school in the	3859
district pursuant to section 3313.64 or 3313.65 of the Revised	3860
Code who are participating in a pilot project scholarship program	3861
established under sections 3313.974 to 3313.979 of the Revised	3862
Code as described in division (I)(2)(a) or (b) of this section,	3863
are enrolled in a college under Chapter 3365. of the Revised Code,	3864
except when the student is enrolled in the college while also	3865
enrolled in a community school pursuant to Chapter 3314. of the	3866
Revised Code, are enrolled in an adjacent or other school district	3867
under section 3313.98 of the Revised Code, are enrolled in a	3868
community school established under Chapter 3314. of the Revised	3869
Code, including any participation in a college pursuant to Chapter	3870
3365. of the Revised Code while enrolled in such community school,	3871
or are participating in a program operated by a county MR/DD board	3872
or a state institution;	3873

(4) The number of pupils enrolled in joint vocational	3874
schools;	3875

(5) The average daily membership of handicapped children	3876
reported under division (A)(1) or (2) of this section receiving	3877
special education services for the category one handicap described	3878
in division (A) of section 3317.013 of the Revised Code;	3879

(6) The average daily membership of handicapped children	3880
reported under division (A)(1) or (2) of this section receiving	3881
special education services for category two handicaps described in	3882
division (B) of section 3317.013 of the Revised Code;	3883

(7) The average daily membership of handicapped children	3884
reported under division (A)(1) or (2) of this section receiving	3885
special education services for category three handicaps described	3886
in division (C) of section 3317.013 of the Revised Code;	3887

(8) The average daily membership of handicapped children	3888
reported under division (A)(1) or (2) of this section receiving	3889
special education services for category four handicaps described	3890
in division (D) of section 3317.013 of the Revised Code;	3891

(9) The average daily membership of handicapped children	3892
reported under division (A)(1) or (2) of this section receiving	3893
special education services for the category five handicap	3894
described in division (E) of section 3317.013 of the Revised Code;	3895

(10) The average daily membership of handicapped children	3896
reported under division (A)(1) or (2) of this section receiving	3897
special education services for category six handicaps described in	3898
division (F) of section 3317.013 of the Revised Code;	3899

(11) The average daily membership of pupils reported under	3900
division (A)(1) or (2) of this section enrolled in category one	3901
vocational education programs or classes, described in division	3902
(A) of section 3317.014 of the Revised Code, operated by the	3903
school district or by another district, other than a joint	3904
vocational school district, or by an educational service center;	3905

(12) The average daily membership of pupils reported under	3906
division (A)(1) or (2) of this section enrolled in category two	3907
vocational education programs or services, described in division	3908
(B) of section 3317.014 of the Revised Code, operated by the	3909
school district or another school district, other than a joint	3910
vocational school district, or by an educational service center;	3911

(13) The average number of children transported by the school	3912
district on board-owned or contractor-owned and -operated buses,	3913
reported in accordance with rules adopted by the department of	3914
education;	3915

(14)(a) The number of children, other than handicapped	3916
preschool children, the district placed with a county MR/DD board	3917
in fiscal year 1998;	3918

(b) The number of handicapped children, other than	3919
handicapped preschool children, placed with a county MR/DD board	3920
in the current fiscal year to receive special education services	3921
for the category one handicap described in division (A) of section	3922
3317.013 of the Revised Code;	3923

(c) The number of handicapped children, other than	3924
handicapped preschool children, placed with a county MR/DD board	3925
in the current fiscal year to receive special education services	3926
for category two handicaps described in division (B) of section	3927
3317.013 of the Revised Code;	3928

(d) The number of handicapped children, other than	3929
handicapped preschool children, placed with a county MR/DD board	3930
in the current fiscal year to receive special education services	3931
for category three handicaps described in division (C) of section	3932
3317.013 of the Revised Code;	3933

(e) The number of handicapped children, other than	3934
handicapped preschool children, placed with a county MR/DD board	3935
in the current fiscal year to receive special education services	3936
for category four handicaps described in division (D) of section	3937
3317.013 of the Revised Code;	3938

(f) The number of handicapped children, other than	3939
handicapped preschool children, placed with a county MR/DD board	3940
in the current fiscal year to receive special education services	3941
for the category five handicap described in division (E) of	3942
section 3317.013 of the Revised Code;	3943

(g) The number of handicapped children, other than	3944
handicapped preschool children, placed with a county MR/DD board	3945
in the current fiscal year to receive special education services	3946
for category six handicaps described in division (F) of section	3947
3317.013 of the Revised Code.	3948

(C)(1) Except as otherwise provided in this section for	3949
kindergarten students, the average daily membership in divisions	3950
(B)(1) to (12) of this section shall be based upon the number of	3951
full-time equivalent students. The state board of education shall	3952
adopt rules defining full-time equivalent students and for	3953
determining the average daily membership therefrom for the	3954
purposes of divisions (A), (B), and (D) of this section.	3955

(2) A student enrolled in a community school established	3956
under Chapter 3314. of the Revised Code shall be counted in the	3957
formula ADM and, if applicable, the category one, two, three,	3958
four, five, or six special education ADM of the school district in	3959
which the student is entitled to attend school under section	3960
3313.64 or 3313.65 of the Revised Code for the same proportion of	3961
the school year that the student is counted in the enrollment of	3962
the community school for purposes of section 3314.08 of the	3963
Revised Code.	3964

(3) No child shall be counted as more than a total of one	3965
child in the sum of the average daily memberships of a school	3966
district under division (A), divisions (B)(1) to (12), or division	3967
(D) of this section, except as follows:	3968

(a) A child with a handicap described in section 3317.013 of	3969
the Revised Code may be counted both in formula ADM and in	3970
category one, two, three, four, five, or six special education ADM	3971
and, if applicable, in category one or two vocational education	3972
ADM. As provided in division (C) of section 3317.02 of the Revised	3973
Code, such a child shall be counted in category one, two, three,	3974
four, five, or six special education ADM in the same proportion	3975
that the child is counted in formula ADM.	3976

(b) A child enrolled in vocational education programs or	3977
classes described in section 3317.014 of the Revised Code may be	3978
counted both in formula ADM and category one or two vocational	3979
education ADM and, if applicable, in category one, two, three,	3980
four, five, or six special education ADM. Such a child shall be	3981
counted in category one or two vocational education ADM in the	3982
same proportion as the percentage of time that the child spends in	3983
the vocational education programs or classes.	3984

(4) Based on the information reported under this section, the	3985
department of education shall determine the total student count,	3986
as defined in section 3301.011 of the Revised Code, for each	3987
school district.	3988

(D)(1) The superintendent of each joint vocational school	3989
district shall certify to the superintendent of public instruction	3990
on or before the fifteenth day of October in each year for the	3991
first full school week in October the formula ADM, which.	3992
Beginning in fiscal year 2005, each superintendent also shall	3993
certify to the state superintendent, on or before the twentieth	3994
day of March of each year, the formula ADM for the week containing	3995
the eighth day of March. The formula ADM, except as otherwise	3996
provided in this division, shall consist of the average daily	3997
membership during such week, on an FTE basis, of the number of	3998
students receiving any educational services from the district,	3999
including students enrolled in a community school established	4000
under Chapter 3314. of the Revised Code who are attending the	4001
joint vocational district under an agreement between the district	4002
board of education and the governing authority of the community	4003
school and are entitled to attend school in a city, local, or	4004
exempted village school district whose territory is part of the	4005
territory of the joint vocational district.	4006

The following categories of students shall not be included in	4007
the determination made under division (D)(1) of this section:	4008

(a) Students enrolled in adult education classes;

4009

(b) Adjacent or other district joint vocational students	4010
enrolled in the district under an open enrollment policy pursuant	4011
to section 3313.98 of the Revised Code;	4012

(c) Students receiving services in the district pursuant to a	4013
compact, cooperative education agreement, or a contract, but who	4014
are entitled to attend school in a city, local, or exempted	4015
village school district whose territory is not part of the	4016
territory of the joint vocational district;	4017

(d) Students for whom tuition is payable pursuant to sections	4018
3317.081 and 3323.141 of the Revised Code.	4019

(2) To enable the department of education to obtain the data	4020
needed to complete the calculation of payments pursuant to this	4021
chapter, in addition to the formula ADM, each superintendent shall	4022
report separately the average daily membership included in the	4023
report under division (D)(1) of this section for each of the	4024
following categories of students for the same week for which	4025
formula ADM is certified:	4026

(a) Students enrolled in each grade included in the joint	4027
vocational district schools;	4028

(b) Handicapped children receiving special education services	4029
for the category one handicap described in division (A) of section	4030
3317.013 of the Revised Code;	4031

(c) Handicapped children receiving special education services	4032
for the category two handicaps described in division (B) of	4033
section 3317.013 of the Revised Code;	4034

(d) Handicapped children receiving special education services	4035
for category three handicaps described in division (C) of section	4036
3317.013 of the Revised Code;	4037

(e) Handicapped children receiving special education services	4038
for category four handicaps described in division (D) of section	4039
3317.013 of the Revised Code;	4040

(f) Handicapped children receiving special education services	4041
for the category five handicap described in division (E) of	4042
section 3317.013 of the Revised Code;	4043

(g) Handicapped children receiving special education services	4044
for category six handicaps described in division (F) of section	4045
3317.013 of the Revised Code;	4046

(h) Students receiving category one vocational education	4047
services, described in division (A) of section 3317.014 of the	4048
Revised Code;	4049

(i) Students receiving category two vocational education	4050
services, described in division (B) of section 3317.014 of the	4051
Revised Code.	4052

The superintendent of each joint vocational school district	4053
shall also indicate the city, local, or exempted village school	4054
district in which each joint vocational district pupil is entitled	4055
to attend school pursuant to section 3313.64 or 3313.65 of the	4056
Revised Code.	4057

(E) In each school of each city, local, exempted village,	4058
joint vocational, and cooperative education school district there	4059
shall be maintained a record of school membership, which record	4060
shall accurately show, for each day the school is in session, the	4061
actual membership enrolled in regular day classes. For the purpose	4062
of determining average daily membership, the membership figure of	4063
any school shall not include any pupils except those pupils	4064
described by division (A) of this section. The record of	4065
membership for each school shall be maintained in such manner that	4066
no pupil shall be counted as in membership prior to the actual	4067
date of entry in the school and also in such manner that where for	4068
any cause a pupil permanently withdraws from the school that pupil	4069
shall not be counted as in membership from and after the date of	4070
such withdrawal. There shall not be included in the membership of	4071
any school any of the following:	4072

(1) Any pupil who has graduated from the twelfth grade of a	4073
public high school;	4074

(2) Any pupil who is not a resident of the state;

4075

(3) Any pupil who was enrolled in the schools of the district	4076
during the previous school year when tests were administered under	4077
section 3301.0711 of the Revised Code but did not take one or more	4078
of the tests required by that section and was not excused pursuant	4079
to division (C)(1) of that section;	4080

(4) Any pupil who has attained the age of twenty-two years,	4081
except for veterans of the armed services whose attendance was	4082
interrupted before completing the recognized twelve-year course of	4083
the public schools by reason of induction or enlistment in the	4084
armed forces and who apply for reenrollment in the public school	4085
system of their residence not later than four years after	4086
termination of war or their honorable discharge.	4087

If, however, any veteran described by division (E)(4) of this	4088
section elects to enroll in special courses organized for veterans	4089
for whom tuition is paid under the provisions of federal laws, or	4090
otherwise, that veteran shall not be included in average daily	4091
membership.	4092

Notwithstanding division (E)(3) of this section, the	4093
membership of any school may include a pupil who did not take a	4094
test required by section 3301.0711 of the Revised Code if the	4095
superintendent of public instruction grants a waiver from the	4096
requirement to take the test to the specific pupil. The	4097
superintendent may grant such a waiver only for good cause in	4098
accordance with rules adopted by the state board of education.	4099

Except as provided in divisions (B)(2) and (F) of this	4100
section, the average daily membership figure of any local, city,	4101
exempted village, or joint vocational school district shall be	4102
determined by dividing the figure representing the sum of the	4103
number of pupils enrolled during each day the school of attendance	4104
is actually open for instruction during the first full school week	4105
in Octoberfor which the formula ADM is being certified by the	4106
total number of days the school was actually open for instruction	4107
during that week. For purposes of state funding, "enrolled"	4108
persons are only those pupils who are attending school, those who	4109
have attended school during the current school year and are absent	4110
for authorized reasons, and those handicapped children currently	4111
receiving home instruction.	4112

The average daily membership figure of any cooperative	4113
education school district shall be determined in accordance with	4114
rules adopted by the state board of education.	4115

(F)(1) If the formula ADM for the first full school week in	4116
February is at least three per cent greater than that certified	4117
for the first full school week in the preceding October, the	4118
superintendent of schools of any city, exempted village, or joint	4119
vocational school district or educational service center shall	4120
certify such increase to the superintendent of public instruction.	4121
Such certification shall be submitted no later than the fifteenth	4122
day of February. For the balance of the fiscal year, beginning	4123
with the February payments, the superintendent of public	4124
instruction shall use the increased formula ADM in calculating or	4125
recalculating the amounts to be allocated in accordance with	4126
section 3317.022 or 3317.16 of the Revised Code. In no event shall	4127
the superintendent use an increased membership certified to the	4128
superintendent after the fifteenth day of February. Division	4129
(F)(1) of this section does not apply after fiscal year 2004.	4130

(2) If on the first school day of April the total number of	4131
classes or units for handicapped preschool children that are	4132
eligible for approval under division (B) of section 3317.05 of the	4133
Revised Code exceeds the number of units that have been approved	4134
for the year under that division, the superintendent of schools of	4135
any city, exempted village, or cooperative education school	4136
district or educational service center shall make the	4137
certifications required by this section for that day. If the state	4138
board of education determines additional units can be approved for	4139
the fiscal year within any limitations set forth in the acts	4140
appropriating moneys for the funding of such units, the board	4141
shall approve additional units for the fiscal year on the basis of	4142
such average daily membership. For each unit so approved, the	4143
department of education shall pay an amount computed in the manner	4144
prescribed in section 3317.052 or 3317.19 and section 3317.053 of	4145
the Revised Code.	4146

(3) If a student attending a community school under Chapter	4147
3314. of the Revised Code is not included in the formula ADM	4148
certified for the first full school week of October for the school	4149
district in which the student is entitled to attend school under	4150
section 3313.64 or 3313.65 of the Revised Code, the department of	4151
education shall adjust the formula ADM of that school district to	4152
include the community school student in accordance with division	4153
(C)(2) of this section, and shall recalculate the school	4154
district's payments under this chapter for the entire fiscal year	4155
on the basis of that adjusted formula ADM. This requirement	4156
applies regardless of whether the student was enrolled, as defined	4157
in division (E) of this section, in the community school during	4158
the first full school week in October.	4159

(G)(1)(a) The superintendent of an institution operating a	4160
special education program pursuant to section 3323.091 of the	4161
Revised Code shall, for the programs under such superintendent's	4162
supervision, certify to the state board of education the average	4163
daily membership of all handicapped children in classes or	4164
programs approved annually by the state board of education, in the	4165
manner prescribed by the superintendent of public instruction.	4166

(b) The superintendent of an institution with vocational	4167
education units approved under division (A) of section 3317.05 of	4168
the Revised Code shall, for the units under the superintendent's	4169
supervision, certify to the state board of education the average	4170
daily membership in those units, in the manner prescribed by the	4171
superintendent of public instruction.	4172

(2) The superintendent of each county MR/DD board that	4173
maintains special education classes under section 3317.20 of the	4174
Revised Code or units approved by the state board of education	4175
pursuant to section 3317.05 of the Revised Code shall do both of	4176
the following:	4177

(a) Certify to the state board, in the manner prescribed by	4178
the board, the average daily membership in classes under section	4179
3317.20 of the Revised Code for each school district that has	4180
placed children in the classes;	4181

(b) Certify to the state board, in the manner prescribed by	4182
the board, the number of all handicapped preschool children	4183
enrolled as of the first day of December in classes eligible for	4184
approval under division (B) of section 3317.05 of the Revised	4185
Code, and the number of those classes.	4186

(3)(a) If on the first school day of April the number of	4187
classes or units maintained for handicapped preschool children by	4188
the county MR/DD board that are eligible for approval under	4189
division (B) of section 3317.05 of the Revised Code is greater	4190
than the number of units approved for the year under that	4191
division, the superintendent shall make the certification required	4192
by this section for that day.	4193

(b) If the state board determines that additional classes or	4194
units can be approved for the fiscal year within any limitations	4195
set forth in the acts appropriating moneys for the funding of the	4196
classes and units described in division (G)(3)(a) of this section,	4197
the board shall approve and fund additional units for the fiscal	4198
year on the basis of such average daily membership. For each unit	4199
so approved, the department of education shall pay an amount	4200
computed in the manner prescribed in sections 3317.052 and	4201
3317.053 of the Revised Code.	4202

(H) Except as provided in division (I) of this section, when	4203
any city, local, or exempted village school district provides	4204
instruction for a nonresident pupil whose attendance is	4205
unauthorized attendance as defined in section 3327.06 of the	4206
Revised Code, that pupil's membership shall not be included in	4207
that district's membership figure used in the calculation of that	4208
district's formula ADM or included in the determination of any	4209
unit approved for the district under section 3317.05 of the	4210
Revised Code. The reporting official shall report separately the	4211
average daily membership of all pupils whose attendance in the	4212
district is unauthorized attendance, and the membership of each	4213
such pupil shall be credited to the school district in which the	4214
pupil is entitled to attend school under division (B) of section	4215
3313.64 or section 3313.65 of the Revised Code as determined by	4216
the department of education.	4217

(I)(1) A city, local, exempted village, or joint vocational	4218
school district admitting a scholarship student of a pilot project	4219
district pursuant to division (C) of section 3313.976 of the	4220
Revised Code may count such student in its average daily	4221
membership.	4222

(2) In any year for which funds are appropriated for pilot	4223
project scholarship programs, a school district implementing a	4224
state-sponsored pilot project scholarship program that year	4225
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	4226
count in average daily membership:	4227

(a) All children residing in the district and utilizing a	4228
scholarship to attend kindergarten in any alternative school, as	4229
defined in section 3313.974 of the Revised Code;	4230

(b) All children who were enrolled in the district in the	4231
preceding year who are utilizing a scholarship to attend any such	4232
alternative school.	4233

(J) The superintendent of each cooperative education school	4234
district shall certify to the superintendent of public	4235
instruction, in a manner prescribed by the state board of	4236
education, the applicable average daily memberships for all	4237
students in the cooperative education district, also indicating	4238
the city, local, or exempted village district where each pupil is	4239
entitled to attend school under section 3313.64 or 3313.65 of the	4240
Revised Code.	4241

Sec. 3317.04.  The amount paid to school districts in each	4242
fiscal year under Chapter 3317. of the Revised Code shall not be	4243
less than the following:	4244

(A) In the case of a district created under section 3311.26	4245
or 3311.37 of the Revised Code, the amount paid shall not be less,	4246
in any of the three succeeding fiscal years following the	4247
creation, than the sum of the amounts allocated under Chapter	4248
3317. of the Revised Code to the districts separately in the year	4249
of the creation.	4250

(B) In the case of a school district which is transferred to	4251
another school district or districts, pursuant to section 3311.22,	4252
3311.231, or 3311.38 of the Revised Code, the amount paid to the	4253
district accepting the transferred territory shall not be less, in	4254
any of the three succeeding fiscal years following the transfer,	4255
than the sum of the amounts allocated under Chapter 3317. of the	4256
Revised Code to the districts separately in the year of the	4257
consummation of the transfer.	4258

(C) In the case of any school district, the amount paid under	4259
Chapter 3317. of the Revised Code to the district in the fiscal	4260
year of distribution shall not be less than that paid under such	4261
chapter in the preceding fiscal year, less any amount paid in that	4262
preceding fiscal year under section 3317.0216 of the Revised Code,	4263
if in the calendar year ending the thirty-first day of December	4264
preceding the fiscal year of distribution, the county auditor of	4265
the county to which the district has been assigned by the	4266
department of education for administrative purposes has completed	4267
reassessment of all real estate within histhe county, or the tax	4268
duplicate of that county was increased by the application of a	4269
uniform taxable value per cent of true value pursuant to a rule or	4270
order of the tax commissioner and the revised valuations were	4271
entered on the tax list and duplicate. Notwithstanding sections	4272
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised	4273
Code, this minimum guarantee is applicable only during the fiscal	4274
year immediately following the reassessment or application.	4275

(D) In the case of any school district that has territory in	4276
three or more counties, each of which contains at least twenty per	4277
cent of the district's territory, the amount paid under Chapter	4278
3317. of the Revised Code to the district in the fiscal year of	4279
distribution shall not be less than that paid under such chapter	4280
in the preceding fiscal year, less any amount paid in that	4281
preceding fiscal year under section 3317.0216 of the Revised Code,	4282
if in the calendar year ending the thirty-first day of December	4283
preceding the fiscal year of distribution, the county auditor of	4284
any such county completed reassessment of all real estate within	4285
histhe county, or the tax duplicate of any such county was	4286
increased by the application of a uniform taxable value per cent	4287
of true value pursuant to a rule or order of the tax commissioner	4288
and the revised valuations were entered on the tax list and	4289
duplicate. Notwithstanding sections 3311.22, 3311.231, 3311.26,	4290
3311.37, and 3311.38 of the Revised Code, this minimum guarantee	4291
is applicable only during the fiscal year immediately following	4292
the reassessment or application.	4293

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	4294
and 3311.38 of the Revised Code, the minimum guarantees prescribed	4295
by divisions (A) and (B) of this section shall not affect the	4296
amount of aid received by a school district for more than three	4297
consecutive years.	4298

Sec. 3317.08.  A board of education may admit to its schools	4299
a child it is not required by section 3313.64 or 3313.65 of the	4300
Revised Code to admit, if tuition is paid for the child.	4301

Unless otherwise provided by law, tuition shall be computed	4302
in accordance with this section. A district's tuition charge for a	4303
school year shall be one of the following:	4304

(A) For any child, except a handicapped preschool child	4305
described in division (B) of this section, the quotient obtained	4306
by dividing the sum of the amounts described in divisions (A)(1)	4307
and (2) of this section by the district's formula ADM.	4308

(1) The district's total taxes charged and payable for	4309
current expenses for the tax year preceding the tax year in which	4310
the school year begins as certified under division (A)(3) of	4311
section 3317.021 of the Revised Code.	4312

(2) The district's total taxes collected for current expenses	4313
under a school district income tax adopted pursuant to section	4314
5748.03 or 5748.08 of the Revised Code that are disbursed to the	4315
district during the fiscal year. On or before the first day of	4316
June of each year, the tax commissioner shall certify the amount	4317
to be used in the calculation under this division for the next	4318
fiscal year to the department of education for each city, local,	4319
and exempted village school district that levies a school district	4320
income tax.	4321

(B) For any handicapped preschool child not included in a	4322
unit approved under division (B) of section 3317.05 of the Revised	4323
Code, an amount computed for the school year as follows:	4324

(1) For each type of special education service provided to	4325
the child for whom tuition is being calculated, determine the	4326
amount of the district's operating expenses in providing that type	4327
of service to all handicapped preschool children not included in	4328
units approved under division (B) of section 3317.05 of the	4329
Revised Code;	4330

(2) For each type of special education service for which	4331
operating expenses are determined under division (B)(1) of this	4332
section, determine the amount of such operating expenses that was	4333
paid from any state funds received under this chapter;	4334

(3) For each type of special education service for which	4335
operating expenses are determined under division (B)(1) of this	4336
section, divide the difference between the amount determined under	4337
division (B)(1) of this section and the amount determined under	4338
division (B)(2) of this section by the total number of handicapped	4339
preschool children not included in units approved under division	4340
(B) of section 3317.05 of the Revised Code who received that type	4341
of service;	4342

(4) Determine the sum of the quotients obtained under	4343
division (B)(3) of this section for all types of special education	4344
services provided to the child for whom tuition is being	4345
calculated.	4346

The state board of education shall adopt rules defining the	4347
types of special education services and specifying the operating	4348
expenses to be used in the computation under this section.	4349

If any child for whom a tuition charge is computed under this	4350
section for any school year is enrolled in a district for only	4351
part of that school year, the amount of the district's tuition	4352
charge for the child for the school year shall be computed in	4353
proportion to the number of school days the child is enrolled in	4354
the district during the school year.	4355

Except as otherwise provided in division (I)(J) of section	4356
3313.64 of the Revised Code, whenever a district admits a child to	4357
its schools for whom tuition computed in accordance with this	4358
section is an obligation of another school district, the amount of	4359
the tuition shall be certified by the treasurer of the board of	4360
education of the district of attendance, to the board of education	4361
of the district required to pay tuition for its approval and	4362
payment. If agreement as to the amount payable or the district	4363
required to pay the tuition cannot be reached, or the board of	4364
education of the district required to pay the tuition refuses to	4365
pay that amount, the board of education of the district of	4366
attendance shall notify the superintendent of public instruction.	4367
The superintendent shall determine the correct amount and the	4368
district required to pay the tuition and shall deduct that amount,	4369
if any, under division (G) of section 3317.023 of the Revised	4370
Code, from the district required to pay the tuition and add that	4371
amount to the amount allocated to the district attended under such	4372
division. The superintendent of public instruction shall send to	4373
the district required to pay the tuition an itemized statement	4374
showing such deductions at the time of such deduction.	4375

When a political subdivision owns and operates an airport,	4376
welfare, or correctional institution or other project or facility	4377
outside its corporate limits, the territory within which the	4378
facility is located is exempt from taxation by the school district	4379
within which such territory is located, and there are school age	4380
children residing within such territory, the political subdivision	4381
owning such tax exempt territory shall pay tuition to the district	4382
in which such children attend school. The tuition for these	4383
children shall be computed as provided for in this section.	4384

Sec. 3334.01.  As used in this chapter:

4385

(A) "Aggregate original principal amount" means the aggregate	4386
of the initial offering prices to the public of college savings	4387
bonds, exclusive of accrued interest, if any. "Aggregate original	4388
principal amount" does not mean the aggregate accreted amount	4389
payable at maturity or redemption of such bonds.	4390

(B) "Beneficiary" means:

4391

(1) An individual designated by the purchaser under a tuition	4392
payment contract or through a scholarship program as the	4393
individual on whose behalf tuition credits purchased under the	4394
contract or awarded through the scholarship program will be	4395
applied toward the payment of undergraduate, graduate, or	4396
professional tuition; or	4397

(2) An individual designated by the contributor under a	4398
variable college savings program contract as the individual whose	4399
tuition and other higher education expenses will be paid from a	4400
variable college savings program account.	4401

(C) "Capital appreciation bond" means a bond for which the	4402
following is true:	4403

(1) The principal amount is less than the amount payable at	4404
maturity or early redemption; and	4405

(2) No interest is payable on a current basis.

4406

(D) "Tuition credit" means a credit of the Ohio tuition trust	4407
authority purchased under section 3334.09 of the Revised Code.	4408

(E) "College savings bonds" means revenue and other	4409
obligations issued on behalf of the state or any agency or issuing	4410
authority thereof as a zero-coupon or capital appreciation bond,	4411
and designated as college savings bonds as provided in this	4412
chapter. "College savings bond issue" means any issue of bonds of	4413
which any part has been designated as college savings bonds.	4414

(F) "Institution of higher education" means a state	4415
institution of higher education, a private college, university, or	4416
other postsecondary institution located in this state that	4417
possesses a certificate of authorization issued by the Ohio board	4418
of regents pursuant to Chapter 1713. of the Revised Code or a	4419
certificate of registration issued by the state board of career	4420
colleges and schools under Chapter 3332. of the Revised Code, or	4421
an accredited college, university, or other postsecondary	4422
institution located outside this state that is accredited by an	4423
accrediting organization or professional association recognized by	4424
the authority. To be considered an institution of higher	4425
education, an institution shall meet the definition of an eligible	4426
educational institution under section 529 of the Internal Revenue	4427
Code.	4428

(G) "Issuing authority" means any authority, commission,	4429
body, agency, or individual empowered by the Ohio Constitution or	4430
the Revised Code to issue bonds or any other debt obligation of	4431
the state or any agency or department thereof. "Issuer" means the	4432
issuing authority or, if so designated under division (B) of	4433
section 3334.04 of the Revised Code, the treasurer of state.	4434

(H) "Tuition" means the charges imposed to attend an	4435
institution of higher education as an undergraduate, graduate, or	4436
professional student and all fees required as a condition of	4437
enrollment, as determined by the Ohio tuition trust authority.	4438
"Tuition" does not include laboratory fees, room and board, or	4439
other similar fees and charges.	4440

(I) "Weighted average tuition" means the tuition cost	4441
resulting from the following calculation:	4442

(1) Add the products of the annual undergraduate tuition	4443
charged to Ohio residents at each four-year state university	4444
multiplied by that institution's total number of undergraduate	4445
fiscal year equated students; and	4446

(2) Divide the gross total of the products from division	4447
(I)(1) of this section by the total number of undergraduate fiscal	4448
year equated students attending four-year state universities.	4449

(J) "Zero-coupon bond" means a bond which has a stated	4450
interest rate of zero per cent and on which no interest is payable	4451
until the maturity or early redemption of the bond, and is offered	4452
at a substantial discount from its original stated principal	4453
amount.	4454

(K) "State institution of higher education" includes the	4455
state universities listed in section 3345.011 of the Revised Code,	4456
community colleges created pursuant to Chapter 3354. of the	4457
Revised Code, university branches created pursuant to Chapter	4458
3355. of the Revised Code, technical colleges created pursuant to	4459
Chapter 3357. of the Revised Code, state community colleges	4460
created pursuant to Chapter 3358. of the Revised Code, the medical	4461
college of Ohio at Toledo, and the northeastern Ohio universities	4462
college of medicine.	4463

(L) "Four-year state university" means those state	4464
universities listed in section 3345.011 of the Revised Code.	4465

(M) "Principal amount" refers to the initial offering price	4466
to the public of an obligation, exclusive of the accrued interest,	4467
if any. "Principal amount" does not refer to the aggregate	4468
accreted amount payable at maturity or redemption of an	4469
obligation.	4470

(N) "Scholarship program" means a program registered with the	4471
Ohio tuition trust authority pursuant to section 3334.17 of the	4472
Revised Code.	4473

(O) "Internal Revenue Code" means the "Internal Revenue Code	4474
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	4475

(P) "Other higher education expenses" means room and board	4476
and books, supplies, equipment, and nontuition-related fees	4477
associated with the cost of attendance of a beneficiary at an	4478
institution of higher education, but only to the extent that such	4479
expenses meet the definition of "qualified higher education	4480
expenses" under section 529 of the Internal Revenue Code. "Other	4481
higher education expenses" does not include tuition as defined in	4482
division (H) of this section.	4483

(Q) "Purchaser" means the person signing the tuition payment	4484
contract, who controls the account and acquires tuition credits	4485
for an account under the terms and conditions of the contract.	4486

(R) "Contributor" means a person who signs a variable college	4487
savings program contract with the Ohio tuition trust authority and	4488
contributes to and owns the account created under the contract.	4489

(S) "Contribution" means any payment directly allocated to an	4490
account for the benefit of the designated beneficiary of the	4491
account.	4492

Sec. 3334.12.  Notwithstanding anything to the contrary in	4493
sections 3334.07 and 3334.09 of the Revised Code:	4494

(A) Annually, the Ohio tuition trust authority shall have the	4495
actuarial soundness of the Ohio tuition trust fund evaluated by a	4496
nationally recognized actuary and shall determine whether	4497
additional assets are necessary to defray the obligations of the	4498
authority. If, after the authority sets the price for tuition	4499
credits, circumstances arise that the executive director	4500
determines necessitate an additional evaluation of the actuarial	4501
soundness of the fund, the executive director shall have a	4502
nationally recognized actuary conduct the necessary evaluation. If	4503
the assets of the fund are insufficient to ensure the actuarial	4504
soundness of the fund, the authority shall adjust the price of	4505
subsequent purchases of tuition credits to the extent necessary to	4506
help restore the actuarial soundness of the fund. If, at any time,	4507
the adjustment is likely, in the opinion of the authority, to	4508
diminish the marketability of tuition credits to an extent that	4509
the continued sale of the credits likely would not restore the	4510
actuarial soundness of the fund and external economic factors	4511
continue to negatively impact the soundness of the program, the	4512
authority may suspend sales, either permanently or temporarily, of	4513
tuition credits. During any suspension, the authority shall	4514
continue to service existing college savings program accounts.	4515

(B) Upon termination of the program or liquidation of the	4516
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	4517
the Ohio tuition trust operating fund, any remaining assets of the	4518
funds after all obligations of the funds have been satisfied	4519
pursuant to division (B) of section 3334.11 of the Revised Code	4520
shall be transferred to the general revenue fund of the state.	4521

(C) The authority shall prepare and cause to have audited an	4522
annual financial report on all financial activity of the Ohio	4523
tuition trust authority within ninety days of the end of the	4524
fiscal year. The authority shall transmit a copy of the audited	4525
financial report to the governor, the president of the senate, the	4526
speaker of the house of representatives, and the minority leaders	4527
of the senate and the house of representatives. Copies of the	4528
audited financial report also shall be made available, upon	4529
request, to the persons entering into contracts with the authority	4530
and to prospective purchasers of tuition credits and prospective	4531
contributors to variable college savings program accounts.	4532

Sec. 3334.17.  (A) The state, any political subdivision of	4533
the state, and any organization that is exempt from federal income	4534
taxation under section 501 (a) and described in section 501 (c)(3)	4535
of the Internal Revenue Code, including the Ohio tuition trust	4536
authority if this is authorized under federal tax law, may	4537
establish a scholarship program to award scholarships consisting	4538
of tuition creditscontributions made to any college savings	4539
program for students. Any scholarship program established under	4540
this section shall be registered with the Ohio tuition trust	4541
authority. The authority shall be notified of the name and address	4542
of each scholarship beneficiary under the program, the number of	4543
creditsamounts awarded, and the institution of higher education	4544
in which the beneficiary is enrolled. Scholarship beneficiaries	4545
shall be selected by the entity establishing the scholarship	4546
program, in accordance with criteria established by the entity.	4547

(B) Any person or governmental entity may purchase tuition	4548
credits on behalf of a scholarship program that is or is to be	4549
established in accordance with division (A) of this section at the	4550
same price as is established for the purchase of credits for named	4551
beneficiaries pursuant to this chapter. Tuition credits shall have	4552
the same value to the beneficiary of a scholarship awarded	4553
pursuant to this section as they would have to any other	4554
beneficiary pursuant to division (B) of section 3334.09 of the	4555
Revised Code.	4556

(C) The entity establishing and maintaining a scholarship	4557
program shall specify whether a scholarship beneficiary may	4558
receive a refund or payment for the tuition creditsamount awarded	4559
under the scholarship program directly from the tuition trust	4560
authority, or whether the amount of such creditsawarded shall be	4561
paid by the authority only to the institution of higher education	4562
in which the student is enrolled.	4563

(D) If a scholarship beneficiary does not use tuition credits	4564
the amount awarded within a length of time specified under the	4565
scholarship program, the creditsamount may be awarded to another	4566
beneficiary.	4567

Sec. 3334.19.  (A) The Ohio tuition trust authority shall	4568
adopt an investment plan that sets forth investment policies and	4569
guidelines to be utilized in administering the variable college	4570
savings program. Except as provided in section 3334.20 of the	4571
Revised Code, the authority shall contract with one or more	4572
insurance companies, banks, or other financial institutions to act	4573
as its investment agents and to provide such services as the	4574
authority considers appropriate to the investment plan, including:	4575

(1) Purchase, control, and safekeeping of assets;

4576

(2) Record keeping and accounting for individual accounts and	4577
for the program as a whole;	4578

(3) Provision of consolidated statements of account.

4579

(B) The authority or its investment agents shall maintain a	4580
separate account for the beneficiary of each contract entered into	4581
under the variable college savings program. If a beneficiary has	4582
more than one such account, the authority or its agents shall	4583
track total contributions and earnings and provide a consolidated	4584
system of account distributions to institutions of higher	4585
education.	4586

(C) The authority or its investment agents may place assets	4587
of the program in savings accounts and may purchase fixed or	4588
variable life insurance or annuity contracts, securities, evidence	4589
of indebtedness, or other investment products pursuant to the	4590
investment plan.	4591

(D) Contributors shall not direct the investment of their	4592
contributions under the investment plan. The authority shall	4593
impose other limits on contributors' investment discretion asto	4594
the extent required under section 529 of the Internal Revenue	4595
Code.	4596

(E) The investment agents with which the authority contracts	4597
shall discharge their duties with respect to program funds with	4598
the care and diligence that a prudent person familiar with such	4599
matters and with the character and aims of the program would use.	4600

(F) The assets of the program shall be preserved, invested,	4601
and expended solely for the purposes of this chapter and shall not	4602
be loaned or otherwise transferred or used by the state for any	4603
other purpose. This section shall not be construed to prohibit the	4604
investment agents of the authority from investing, by purchase or	4605
otherwise, in bonds, notes, or other obligations of the state or	4606
any agency or instrumentality of the state. Unless otherwise	4607
specified by the authority, assets of the program shall be	4608
expended in the following order of priority:	4609

(1) To make payments on behalf of beneficiaries;

4610

(2) To make refunds upon termination of variable college	4611
savings program contracts;	4612

(3) To pay the authority's costs of administering the program	4613
administration and operations;	4614

(4) To pay or cover any other expenditure or disbursement the	4615
authority determines necessary or appropriate.	4616

(G) Fees, charges, and other costs imposed or collected by	4617
the authority in connection with the variable college savings	4618
program, including any fees or other payments that the authority	4619
requires an investment agent to pay to the authority, shall be	4620
credited to the variable operating fund. The fund shall be in the	4621
custody of the treasurer of state, but shall not be part of the	4622
state treasury. Expenses incurred in the administration of the	4623
variable college savings program, as well as other expenses,	4624
disbursements, or payments the authority considers appropriate for	4625
the benefit of any college savings programs administered by the	4626
authority, the state of Ohio and its citizens, shall be paid from	4627
the variable operating fund.	4628

(H) No records of the authority indicating the identity of	4629
purchasers, contributors, and beneficiaries under the program or	4630
amounts contributed to, earned by, or distributed from program	4631
accounts are public records within the meaning of section 149.43	4632
of the Revised Code.	4633

Sec. 5705.412.  (A) As used in this section, "qualifying	4634
contract" means any agreement for the expenditure of money under	4635
which aggregate payments from the funds included in the school	4636
district's five-year forecast under section 5705.391 of the	4637
Revised Code will exceed the lesser of the following amounts:	4638

(1) Five hundred thousand dollars;

4639

(2) One per cent of the total revenue to be credited in the	4640
current fiscal year to the district's general fund, as specified	4641
in the district's most recent certificate of estimated resources	4642
certified under section 5705.36 of the Revised Code.	4643

(B) Notwithstanding section 5705.41 of the Revised Code, no	4644
school district shall adopt any appropriation measure, make any	4645
qualifying contract, or increase during any school year any wage	4646
or salary schedule unless there is attached thereto a certificate,	4647
signed as required by this section, that the school district has	4648
in effect the authorization to levy taxes including the renewal or	4649
replacement of existing levies which, when combined with the	4650
estimated revenue from all other sources available to the district	4651
at the time of certification, are sufficient to provide the	4652
operating revenues necessary to enable the district to maintain	4653
all personnel and programs for all the days set forth in its	4654
adopted school calendars for the current fiscal year and for a	4655
number of days in succeeding fiscal years equal to the number of	4656
days instruction was held or is scheduled for the current fiscal	4657
year, as follows:	4658

(1) A certificate attached to an appropriation measure under	4659
this section shall cover only the fiscal year in which the	4660
appropriation measure is effective and shall not consider the	4661
renewal or replacement of an existing levy as the authority to	4662
levy taxes that are subject to appropriation in the current fiscal	4663
year unless the renewal or replacement levy has been approved by	4664
the electors and is subject to appropriation in the current fiscal	4665
year.	4666

(2) A certificate attached, in accordance with this section,	4667
to any qualifying contract shall cover the term of the contract.	4668

(3) A certificate attached under this section to a wage or	4669
salary schedule shall cover the term of the schedule.	4670

If the board of education has not adopted a school calendar	4671
for the school year beginning on the first day of the fiscal year	4672
in which a certificate is required, the certificate attached to an	4673
appropriation measure shall include the number of days on which	4674
instruction was held in the preceding fiscal year and other	4675
certificates required under this section shall include that number	4676
of days for the fiscal year in which the certificate is required	4677
and any succeeding fiscal years that the certificate must cover.	4678

The certificate shall be signed by the treasurer and	4679
president of the board of education and the superintendent of the	4680
school district, unless the district is in a state of fiscal	4681
emergency declared under Chapter 3316. of the Revised Code. In	4682
that case, the certificate shall be signed by a member of the	4683
district's financial planning and supervision commission who is	4684
designated by the commission for this purpose.	4685

(C) Every qualifying contract made or wage or salary schedule	4686
adopted or put into effect without such a certificate shall be	4687
void, and no payment of any amount due thereon shall be made.	4688

(D) The department of education and the auditor of state	4689
jointly shall adopt rules governing the methods by which	4690
treasurers, presidents of boards of education, superintendents,	4691
and members of financial planning and supervision commissions	4692
shall estimate revenue and determine whether such revenue is	4693
sufficient to provide necessary operating revenue for the purpose	4694
of making certifications required by this section.	4695

(E) The auditor of state shall be responsible for determining	4696
whether school districts are in compliance with this section. At	4697
the time a school district is audited pursuant to section 117.11	4698
of the Revised Code, the auditor of state shall review each	4699
certificate issued under this section since the district's last	4700
audit, and the appropriation measure, contract, or wage and salary	4701
schedule to which such certificate was attached. If the auditor of	4702
state determines that a school district has not complied with this	4703
section with respect to any qualifying contract or wage or salary	4704
schedule, the auditor of state shall notify the prosecuting	4705
attorney for the county, the city director of law, or other chief	4706
law officer of the school district. That officer may file a civil	4707
action in any court of appropriate jurisdiction to seek a	4708
declaration that the contract or wage or salary schedule is void,	4709
to recover for the school district from the payee the amount of	4710
payments already made under it, or both, except that the officer	4711
shall not seek to recover payments made under any collective	4712
bargaining agreement entered into under Chapter 4117. of the	4713
Revised Code. If the officer does not file such an action within	4714
one hundred twenty days after receiving notice of noncompliance	4715
from the auditor of state, any taxpayer may institute the action	4716
in the taxpayer's own name on behalf of the school district.	4717

(F) This section does not apply to any contract or increase	4718
in any wage or salary schedule that is necessary in order to	4719
enable a board of education to comply with division (B) of section	4720
3317.13 of the Revised Code, provided the contract or increase	4721
does not exceed the amount required to be paid to be in compliance	4722
with such division.	4723

(G) Any officer, employee, or other person who expends or	4724
authorizes the expenditure of any public funds or authorizes or	4725
executes any contract or schedule contrary to this section,	4726
expends or authorizes the expenditure of any public funds on the	4727
void contract or schedule, or issues a certificate under this	4728
section which contains any false statements is liable to the	4729
school district for the full amount paid from the district's funds	4730
on the contract or schedule. The officer, employee, or other	4731
person is jointly and severally liable in person and upon any	4732
official bond that the officer, employee, or other person has	4733
given to the school district to the extent of any payments on the	4734
void claim, not to exceed ten thousand dollars. However, no	4735
officer, employee, or other person shall be liable for a mistaken	4736
estimate of available resources made in good faith and based upon	4737
reasonable grounds. If an officer, employee, or other person is	4738
found to have complied with rules jointly adopted by the	4739
department of education and the auditor of state under this	4740
section governing methods by which revenue shall be estimated and	4741
determined sufficient to provide necessary operating revenue for	4742
the purpose of making certifications required by this section, the	4743
officer, employee, or other person shall not be liable under this	4744
section if the estimates and determinations made according to	4745
those rules do not, in fact, conform with actual revenue. The	4746
prosecuting attorney of the county, the city director of law, or	4747
other chief law officer of the district shall enforce this	4748
liability by civil action brought in any court of appropriate	4749
jurisdiction in the name of and on behalf of the school district.	4750
If the prosecuting attorney, city director of law, or other chief	4751
law officer of the district fails, upon the written request of any	4752
taxpayer, to institute action for the enforcement of the	4753
liability, the attorney general, or the taxpayer in the taxpayer's	4754
own name, may institute the action on behalf of the subdivision.	4755

(H) This section does not require the attachment of an	4756
additional certificate beyond that required by section 5705.41 of	4757
the Revised Code for current payrolls of, or contracts of	4758
employment with, regularany employees or officers of the school	4759
district.	4760

This section does not require the attachment of a certificate	4761
to a temporary appropriation measure if all of the following	4762
apply:	4763

(1) The amount appropriated does not exceed twenty-five per	4764
cent of the total amount from all sources available for	4765
expenditure from any fund during the preceding fiscal year;	4766

(2) The measure will not be in effect on or after the	4767
thirtieth day following the earliest date on which the district	4768
may pass an annual appropriation measure;	4769

(3) An amended official certificate of estimated resources	4770
for the current year, if required, has not been certified to the	4771
board of education under division (B) of section 5705.36 of the	4772
Revised Code.	4773

Section 2. That existing sections 3301.079, 3301.0710,	4774
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91,	4775
3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532,	4776
3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64,	4777
3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.01,	4778
3317.023, 3317.03, 3317.04, 3317.08, 3334.01, 3334.12, 3334.17,	4779
3334.19, and 5705.412 and sections        Sec. 3301.0713.        Sec.  and 3365.15.  of the	4780
Revised Code are hereby repealed.	4781

Section 3. (A) In each school year prior to July 1, 2005, the	4782
performance index score, as defined in section 3302.01 of the	4783
Revised Code, as amended by this act, calculated for school	4784
districts and school buildings shall include data from any	4785
proficiency tests required to be administered under section	4786
3301.0712 in the applicable year, except that weights shall only	4787
be assigned for the four ranges of scores established by division	4788
(B) of this section.	4789

(B) For each proficiency test required to be administered	4790
pursuant to section 3301.0712 of the Revised Code, as amended by	4791
this act, the four ranges of scores used to denote different	4792
levels of achievement on each test shall be the same as the levels	4793
of achievement described in division (A)(2) of section 3301.0710	4794
of the Revised Code, as it existed prior to the effective date of	4795
this act.	4796

Section 4. That the version of section 3313.608 of the	4797
Revised Code that is scheduled to take effect July 1, 2003, be	4798
amended to read as follows:	4799

Sec. 3313.608.  (A) Beginning with students who enter third	4800
grade in the school year that starts July 1, 2003, for any student	4801
who attains a score in the range designated under division	4802
(A)(2)(d)(e) of section 3301.0710 of the Revised Code on the test	4803
prescribed under that section to measure skill in reading expected	4804
at the end of third grade, each school district, in accordance	4805
with the policy adopted under section 3313.609 of the Revised	4806
Code, shall do one of the following:	4807

(1) Promote the student to fourth grade if the student's	4808
principal and reading teacher agree that other evaluations of the	4809
student's skill in reading demonstrate that the student is	4810
academically prepared to be promoted to fourth grade;	4811

(2) Promote the student to fourth grade but provide the	4812
student with intensive intervention services in fourth grade;	4813

(3) Retain the student in third grade.

4814

This section does not apply to any student excused from	4815
taking such test under division (C)(1) of section 3301.0711 of the	4816
Revised Code.	4817

(B)(1) To assist students in meeting this third grade	4818
guarantee established by this section, each school district shall	4819
adopt policies and procedures with which it shall annually assess	4820
the reading skills of each student at the end of first and second	4821
grade and identify students who are reading below their grade	4822
level. If the diagnostic assessment to measure reading ability for	4823
the appropriate grade level has been developed in accordance with	4824
division (D)(1) of section 3301.079 of the Revised Code, each	4825
school district shall use such diagnostic assessment to identify	4826
such students, except that any district declared excellent under	4827
to which division (B)(1)(E) of section 3302.033301.0715 of the	4828
Revised Code applies may use another assessment to identify such	4829
students. The policies and procedures shall require the students'	4830
classroom teachers to be involved in the assessment and the	4831
identification of students reading below grade level. The district	4832
shall notify the parent or guardian of each student whose reading	4833
skills are below grade level and, in accordance with division (C)	4834
of this section, provide intervention services to each student	4835
reading below grade level. Such intervention services shall	4836
include instruction in intensive, systematic phonetics pursuant to	4837
rules adopted by the state board of education.	4838

(2) For each student entering third grade after July 1, 2003,	4839
who does not attain by the end of the third grade at least a score	4840
in the range designated under division (A)(2)(b)(c) of section	4841
3301.0710 of the Revised Code on the test prescribed under that	4842
section to measure skill in reading expected at the end of third	4843
grade, the district also shall offer intense remediation services,	4844
and another opportunity to take that test, during the summer	4845
following third grade.	4846

(C) For each student required to be offered intervention	4847
services under this section, the district shall involve the	4848
student's parent or guardian and classroom teacher in developing	4849
the intervention strategy, and shall offer to the parent or	4850
guardian the opportunity to be involved in the intervention	4851
services.	4852

(D) Any summer remediation services funded in whole or in	4853
part by the state and offered by school districts to students	4854
under this section shall meet the following conditions:	4855

(1) The remediation methods are based on reliable educational	4856
research.	4857

(2) The school districts conduct testing before and after	4858
students participate in the program to facilitate monitoring	4859
results of the remediation services.	4860

(3) The parents of participating students are involved in	4861
programming decisions.	4862

(4) The services are conducted in a school building or	4863
community center and not on an at-home basis.	4864

(E) In addition to the dates designated under division (C)(1)	4865
of section 3301.0710 of the Revised Code for the administration of	4866
the test prescribed under that section to measure skill in reading	4867
expected at the end of third grade, the state board of education	4868
shall annually designate dates on which such test shall be	4869
administered to students in the fourth and fifth grades who have	4870
not attained at least a score in the range designated under	4871
division (A)(2)(b) of section 3301.0710 of the Revised Code as	4872
follows:	4873

(1) One date prior to the thirty-first day of December each	4874
school year for fourth grade students;	4875

(2) One date that is not earlier than Monday of the week	4876
containing the eighth day of March each school year for fourth and	4877
fifth grade students;	4878

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

4879

(F) If any fourth grade student attains a score in the range	4880
designated under division (A)(2)(d) of section 3301.0710 of the	4881
Revised Code, on the test administered under division (E)(3) of	4882
this section, the school district, in accordance with the district	4883
policy adopted under section 3313.609 of the Revised Code, shall	4884
do one of the following:	4885

(1) Promote the student to fifth grade if the student's	4886
principal and reading teacher agree that other evaluations of the	4887
student's skill in reading demonstrate that the student is	4888
academically prepared to be promoted to fifth grade;	4889

(2) Promote the student to fifth grade but provide the	4890
student with intensive intervention services in fifth grade;	4891

(3) Retain the student in fourth grade.

4892

(G) This section does not create a new cause of action or a	4893
substantive legal right for any person.	4894

Section 5.  That the existing version of section 3313.608 of	4895
the Revised Code that is scheduled to take effect July 1, 2003, is	4896
hereby repealed.	4897

Section 6.  Sections 4 and 5 of this act take effect July 1,	4898
2003.	4899

Section 7. That the version of section 3313.65 of the Revised	4900
Code that is scheduled to take effect on January 1, 2004, be	4901
amended to read as follows:	4902

Sec. 3313.65.  (A) As used in this section and section	4903
3313.64 of the Revised Code:	4904

(1) A person is "in a residential facility" if the person is	4905
a resident or a resident patient of an institution, home, or other	4906
residential facility that is:	4907

(a) Licensed as a nursing home, residential care facility, or	4908
home for the aging by the director of health under section 3721.02	4909
of the Revised Code or licensed as a community alternative home by	4910
the director of health under section 3724.03 of the Revised Code;	4911

(b) Licensed as an adult care facility by the director of	4912
health under Chapter 3722. of the Revised Code;	4913

(c) Maintained as a county home or district home by the board	4914
of county commissioners or a joint board of county commissioners	4915
under Chapter 5155. of the Revised Code;	4916

(d) Operated or administered by a board of alcohol, drug	4917
addiction, and mental health services under section 340.03 or	4918
340.06 of the Revised Code, or provides residential care pursuant	4919
to contracts made under section 340.03 or 340.033 of the Revised	4920
Code;	4921

(e) Maintained as a state institution for the mentally ill	4922
under Chapter 5119. of the Revised Code;	4923

(f) Licensed by the department of mental health under section	4924
5119.20 or 5119.22 of the Revised Code;	4925

(g) Licensed as a residential facility by the department of	4926
mental retardation and developmental disabilities under section	4927
5123.19 of the Revised Code;	4928

(h) Operated by the veteran's administration or another	4929
agency of the United States government;	4930

(i) The Ohio soldiers' and sailors' home.

4931

(2) A person is "in a correctional facility" if any of the	4932
following apply:	4933

(a) The person is an Ohio resident and is:

4934

(i) Imprisoned, as defined in section 1.05 of the Revised	4935
Code;	4936

(ii) Serving a term in a community-based correctional	4937
facility or a district community-based correctional facility;	4938

(iii) Required, as a condition of parole, a post-release	4939
control sanction, a community control sanction, transitional	4940
control, or early release from imprisonment, as a condition of	4941
shock parole or shock probation granted under the law in effect	4942
prior to July 1, 1996, or as a condition of a furlough granted	4943
under the version of section 2967.26 of the Revised Code in effect	4944
prior to March 17, 1998, to reside in a halfway house or other	4945
community residential center licensed under section 2967.14 of the	4946
Revised Code or a similar facility designated by the court of	4947
common pleas that established the condition or by the adult parole	4948
authority.	4949

(b) The person is imprisoned in a state correctional	4950
institution of another state or a federal correctional institution	4951
but was an Ohio resident at the time the sentence was imposed for	4952
the crime for which the person is imprisoned.	4953

(3) A person is "in a juvenile residential placement" if the	4954
person is an Ohio resident who is under twenty-one years of age	4955
and has been removed, by the order of a juvenile court, from the	4956
place the person resided at the time the person became subject to	4957
the court's jurisdiction in the matter that resulted in the	4958
person's removal.	4959

(4) "Community control sanction" has the same meaning as in	4960
section 2929.01 of the Revised Code.	4961

(5) "Post-release control sanction" has the same meaning as	4962
in section 2967.01 of the Revised Code.	4963

(B) If the circumstances described in division (C) of this	4964
section apply, the determination of what school district must	4965
admit a child to its schools and what district, if any, is liable	4966
for tuition shall be made in accordance with this section, rather	4967
than section 3313.64 of the Revised Code.	4968

(C) A child who does not reside in the school district in	4969
which the child's parent resides and for whom a tuition obligation	4970
previously has not been established under division (C)(2) of	4971
section 3313.64 of the Revised Code shall be admitted to the	4972
schools of the district in which the child resides if at least one	4973
of the child's parents is in a residential or correctional	4974
facility or a juvenile residential placement and the other parent,	4975
if living and not in such a facility or placement, is not known to	4976
reside in this state.	4977

(D) Regardless of who has custody or care of the child,	4978
whether the child resides in a home, or whether the child receives	4979
special education, if a district admits a child under division (C)	4980
of this section, tuition shall be paid to that district as	4981
follows:	4982

(1) If the child's parent is in a juvenile residential	4983
placement, by the district in which the child's parent resided at	4984
the time the parent became subject to the jurisdiction of the	4985
juvenile court;	4986

(2) If the child's parent is in a correctional facility, by	4987
the district in which the child's parent resided at the time the	4988
sentence was imposed;	4989

(3) If the child's parent is in a residential facility, by	4990
the district in which the parent resided at the time the parent	4991
was admitted to the residential facility, except that if the	4992
parent was transferred from another residential facility, tuition	4993
shall be paid by the district in which the parent resided at the	4994
time the parent was admitted to the facility from which the parent	4995
first was transferred;	4996

(4) In the event of a disagreement as to which school	4997
district is liable for tuition under division (C)(1), (2), or (3)	4998
of this section, the superintendent of public instruction shall	4999
determine which district shall pay tuition.	5000

(E) If a child covered by division (D) of this section	5001
receives special education in accordance with Chapter 3323. of the	5002
Revised Code, the tuition shall be paid in accordance with section	5003
3323.13 or 3323.14 of the Revised Code. Tuition for children who	5004
do not receive special education shall be paid in accordance with	5005
division (I)(J) of section 3313.64 of the Revised Code.	5006

Section 8. That the existing version of section 3313.65 of	5007
the Revised Code that is scheduled to take effect on January 1,	5008
2004, is hereby repealed.	5009

Section 9. Sections 7 and 8 of this act take effect on	5010
January 1, 2004.	5011

Section 10.  Within thirty days after the effective date of	5012
this act, the Governor, the President of the Senate, and the	5013
Speaker of the House of Representatives shall appoint members to	5014
the Ohio Accountability Task Force pursuant to section 3302.021 of	5015
the Revised Code, as enacted by this act. Within sixty days after	5016
the effective date of this act, the Ohio Accountability Task Force	5017
shall convene for its initial meeting.	5018

Section 11.  Not later than ninety days after the effective	5019
date of this section, the Superintendent of Public Instruction	5020
shall submit to the General Assembly a detailed financial analysis	5021
of the projected costs for the state and for each school district	5022
of compliance with the "No Child Left Behind Act of 2001," Pub. L.	5023
107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds	5024
the state can reasonably expect to receive per year under that	5025
act; and the financial consequences to the state and each school	5026
district for noncompliance with that act. The financial analysis	5027
shall examine the costs involved in building the capacity of	5028
school districts and buildings to assist students in achieving at	5029
levels that satisfy federal and state requirements. These costs	5030
shall include, but not be limited to, the following:	5031

(A) The costs for all school districts and buildings to make	5032
adequate yearly progress each year through the 2013-2014 school	5033
year and to have all students performing at the proficient level	5034
on achievement tests by June 30, 2014;	5035

(B) The costs of providing intervention services to students	5036
who are not achieving at expected levels;	5037

(C) The costs of professional development for teachers and	5038
administrators on the statewide academic standards adopted	5039
pursuant to section 3301.079 of the Revised Code and on the	5040
interpretation of student performance data;	5041

(D) The costs of extending the school day or year under	5042
division (E)(3) of section 3302.04 of the Revised Code;	5043

(E) The costs of complying with the requirement that teachers	5044
of core subject areas be "highly qualified" as defined in federal	5045
law.	5046

Section 12. The Legislative Office of Education Oversight	5047
shall conduct a study that evaluates the correlation between	5048
students' race and class and academic achievement, particularly	5049
comparing the academic achievement of low-income, African-American	5050
and Hispanic students with that of middle-class, white students.	5051
In conducting the study, the Office shall use at least five years	5052
of data collected and maintained by the Ohio Department of	5053
Education. The study shall focus on the academic achievement of	5054
students in the fourth, sixth, and ninth grades. The Office shall	5055
submit the final results of the study to the General Assembly not	5056
later than September 30, 2004.	5057

Section 13. The Legislative Office of Education Oversight	5058
shall conduct a study of the intervention services required to be	5059
provided by school districts under sections 3301.0711, 3313.608,	5060
and 3313.6012 of the Revised Code. If any diagnostic assessment is	5061
administered by school districts in accordance with section	5062
3301.0715 of the Revised Code in the school year beginning July 1,	5063
2003, the Office also shall include the intervention services	5064
required by that section in the study. In conducting the study,	5065
the Office shall examine each of the following issues:	5066

(A) The types of intervention services that districts are	5067
currently providing to students;	5068

(B) The manner in which the Department of Education informs	5069
districts of their obligation to provide intervention services and	5070
assists the districts in developing appropriate intervention	5071
strategies;	5072

(C) The manner in which the Department tracks compliance by	5073
school districts with requirements to provide intervention	5074
services;	5075

(D) The cost to districts of providing intervention services;

5076

(E) Whether there are any intervention services that	5077
districts are not providing due to insufficient funding.	5078

The Office shall issue a written report of its findings to	5079
the General Assembly not later than December 31, 2004.	5080

Section 14. The Legislative Office of Education Oversight	5081
shall conduct a study of the performance of students in the Class	5082
of 2007 on the Ohio Graduation Tests prescribed by division (B) of	5083
section 3301.0710 of the Revised Code to determine how well	5084
students meet the statewide academic standards developed pursuant	5085
to section 3301.079 of the Revised Code. The study shall include	5086
all students who enter the ninth grade in the school year	5087
beginning July 1, 2003; the Office shall not exclude from any	5088
analysis students who leave school prior to graduation. In	5089
conducting the study, the Office shall determine the number of	5090
such students who attain a score at the proficient level on all	5091
five of the Ohio Graduation Tests by June 30, 2007. To the extent	5092
possible, the Office also shall determine the number of such	5093
students who satisfy the alternative conditions described in	5094
section 3313.615 of the Revised Code for meeting the testing	5095
requirement to be eligible for a diploma. The Office shall issue	5096
annual written reports to the General Assembly, and shall issue a	5097
final, comprehensive written report of its findings to the General	5098
Assembly not later than December 31, 2007.	5099

Section 15. The Legislative Office of Education Oversight	5100
shall conduct a study that reviews the progress of school	5101
districts and the Department of Education in hiring highly	5102
qualified teachers in the core subject areas of English, reading,	5103
language arts, mathematics, science, foreign language, civics and	5104
government, economics, arts, history, and geography, as required	5105
by Title I of the "No Child Left Behind Act," Pub. L. No. 107-110.	5106
The study shall evaluate, over a five-year period, all of the	5107
following:	5108

(A) The progress of individual school districts in complying	5109
with the highly qualified teacher requirement;	5110

(B) Whether the definition of "highly qualified teacher"	5111
adopted by the State Board of Education complies with the "No	5112
Child Left Behind Act";	5113

(C) The efforts of the Department of Education in assisting	5114
school districts to comply with the "No Child Left Behind Act's"	5115
requirement, and in monitoring the progress of school districts in	5116
ensuring highly qualified teachers are employed in core subject	5117
areas.	5118

The Office shall submit three interim reports of its findings	5119
to the General Assembly. The first interim report shall evaluate	5120
compliance with the highly qualified teacher requirement in the	5121
2002-2003 and 2003-2004 school years, the second interim report	5122
shall evaluate compliance with the requirement in the 2004-2005	5123
school year, and the third interim report shall evaluate	5124
compliance with the requirement in the 2005-2006 school year. A	5125
final report shall be submitted to the General Assembly that	5126
evaluates compliance in the 2006-2007 school year and the prior	5127
four school years.	5128

Section 16. Until the Department of Education incorporates a	5129
value-added progress dimension into the performance ratings in	5130
accordance with section 3302.021 of the Revised Code, as enacted	5131
by this act, the Department shall include a growth factor based	5132
upon the performance index score, as defined in section 3302.01 of	5133
the Revised Code, as amended by this act, in the determination of	5134
performance ratings for school districts and buildings.	5135

Section 17. The amendment of rule 3301-35-10 of the	5136
Administrative Code, as proposed by the State Board of Education	5137
on January 14, 2003, is not subject to the requirement of former	5138
section 3314.20 of the Revised Code that the rule be approved by	5139
the General Assembly through the passage of a joint resolution	5140
before the rule may take effect. Notwithstanding any provision of	5141
Chapter 119. of the Revised Code to the contrary, the State Board	5142
may file the amendment in final form under section 119.04 of the	5143
Revised Code on or after the effective date of this act. The	5144
amendment takes effect on the tenth day after being filed in final	5145
form under section 119.04 of the Revised Code, unless the State	5146
Board designates a later date.	5147

Section 18. The amendment of rule 3301-101-01 of the	5148
Administrative Code, as proposed by the State Board of Education	5149
on January 14, 2003, is not subject to the requirement of former	5150
section 3302.05 of the Revised Code that the rule be approved by	5151
the General Assembly through the passage of a joint resolution	5152
before the rule may take effect. Notwithstanding any provision of	5153
Chapter 119. of the Revised Code to the contrary, the State Board	5154
may file the amendment in final form under section 119.04 of the	5155
Revised Code on or after the effective date of this act. The	5156
amendment takes effect on the tenth day after being filed in final	5157
form under section 119.04 of the Revised Code, unless the State	5158
Board designates a later date.	5159

Section 19. The amendment of section 3301.91 of the Revised	5160
Code by this act is not intended to supersede its earlier repeal,	5161
effective July 1, 2004, by Am. Sub. H.B. 1 of the 123rd General	5162
Assembly.	5163

Section 20. Of the amounts appropriated for fiscal year 2004	5164
and fiscal year 2005 in appropriation item 200-455, Community	5165
Schools, Section 41 of Am. Sub. H.B. 95 of the 125th General	5166
Assembly, up to $250,000 in each fiscal year shall be used by the	5167
Department of Education to contract with the Ohio Foundation for	5168
School Choice to develop and conduct training sessions for	5169
sponsors of community schools as prescribed in division (A)(1) of	5170
section 3314.015 of the Revised Code. The contract shall require	5171
that in developing such training sessions, the Ohio Foundation for	5172
School Choice shall collect and disseminate examples of best	5173
practices used by sponsors of independent charter schools in Ohio	5174
and other states.	5175

This section supersedes the second paragraph under the	5176
heading "COMMUNITY SCHOOLS" in Section 41.06 of Am. Sub. H.B. 95	5177
of the 125th General Assembly. The Department shall not implement	5178
the provisions of that paragraph.	5179

Section 21. Not later than one year after the effective date	5180
of this section, the Department of Education shall make	5181
recommendations to the State Board of Education for assigning	5182
performance ratings pursuant to section 3302.03 of the Revised	5183
Code to school districts and buildings that make adequate yearly	5184
progress but show statistically significant differences in	5185
performance among white, middle-class students and any of the	5186
subgroups defined in section 3302.01 of the Revised Code. The	5187
recommendations shall provide for lowering the performance ratings	5188
assigned to such districts and buildings. The recommendations	5189
shall also specify the degree of difference between the	5190
performance of white, middle-class students and subgroups that	5191
should be deemed unacceptable and the appropriate length of time	5192
that districts and buildings should be granted to close the	5193
performance differences before having their performance ratings	5194
lowered. Copies of the recommendations shall be provided to the	5195
Governor, the President and Minority Leader of the Senate, the	5196
Speaker and Minority Leader of the House of Representatives, and	5197
the chairpersons and ranking minority members of the education	5198
committees.	5199

Section 22. For purposes of calculating the instructional and	5200
general fees charged in the prior academic year in implementing	5201
any instructional and general fee increase limitations imposed by	5202
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5203
the instructional and general fees during an academic year for any	5204
state-assisted institution of higher education on the quarter	5205
system that does not increase its instructional and general fees	5206
during the summer term shall be defined as the sum of the	5207
instructional and general fees charged to a full-time student in	5208
the fall, winter, and spring quarters.	5209

For purposes of calculating the instructional and general	5210
fees charged in the prior academic year in implementing any	5211
instructional and general fee increase limitations imposed by	5212
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5213
the instructional and general fees during an academic year for any	5214
state-assisted institution of higher education on the quarter	5215
system that does increase its instructional and general fees	5216
during the summer term shall be defined as three-fourths of the	5217
sum of the instructional and general fees charged to a full-time	5218
student in the fall, winter, spring, and summer quarters.	5219

For purposes of calculating the instructional and general	5220
fees charged in the prior academic year in implementing any	5221
instructional and general fee increase limitations imposed by	5222
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5223
the instructional and general fees during an academic year for any	5224
state-assisted institution of higher education on the semester	5225
system that does not increase its instructional and general fees	5226
during the summer term shall be defined as the sum of the	5227
instructional and general fees charged to a full-time student in	5228
the fall and spring semesters.	5229

For purposes of calculating the instructional and general	5230
fees charged in the prior academic year in implementing any	5231
instructional and general fee increase limitations imposed by	5232
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5233
the instructional and general fees during an academic year for any	5234
state-assisted institution of higher education on the semester	5235
system that does increase its instructional and general fees	5236
during the summer term shall be defined as two-thirds of the sum	5237
of the instructional and general fees charged to a full-time	5238
student in the fall, spring, and summer semesters.	5239

This section shall not apply to Miami University in	5240
implementing the pilot tuition restructuring plan recognized by	5241
Am. Sub. H.B. 95 of the 125th General Assembly.	5242

Section 23. When calculating the reappraisal guarantee under	5243
division (C) or (D) of section 3317.04 of the Revised Code in	5244
fiscal year 2005, the Department of Education shall include in a	5245
school district's fiscal year 2004 payments any transitional aid	5246
paid to the district under Section 41.37 of Am. Sub. H.B. 95 of	5247
the 125th General Assembly.	5248

Section 24.  Section 3314.03 of the Revised Code is presented	5249
in this act as a composite of the section as amended by both Sub.	5250
H.B. 248 and Sub. H.B. 364 of the 124th General Assembly. Section	5251
3317.012 of the Revised Code is presented in this act as a	5252
composite of the section as amended by both Am. Sub. H.B. 94 and	5253
Am. Sub. S.B. 1 of the 124th General Assembly. The General	5254
Assembly, applying the principle stated in division (B) of section	5255
1.52 of the Revised Code that amendments are to be harmonized if	5256
reasonably capable of simultaneous operation, finds that the	5257
composites are the resulting versions of the sections in effect	5258
prior to the effective date of the sections as presented in this	5259
act.	5260

Section 25. This act is hereby declared to be an emergency	5261
measure necessary for the immediate preservation of the public	5262
peace, health, and safety. The reason for such necessity is that	5263
Ohio needs to comply with the federal requirements contained in	5264
the "No Child Left Behind Act of 2001" and public schools need to	5265
know the accountability standards to which they will be held in	5266
future school years. Therefore, this act shall go into immediate	5267
effect.	5268