| Section 1. That sections 3301.079, 3301.0710, 3301.0711, | 49 |
| 3301.0712, 3301.0714, 3301.0715, 3301.91, 3302.01, 3302.03, | 50 |
| 3302.04, 3313.532, 3313.6012, 3313.61, 3313.611, 3313.612, | 51 |
| 3313.97, 3314.012, 3314.03, and 3317.012 be amended and new | 52 |
| section 3302.02 and sections 3302.021 and 3313.971 of the Revised | 53 |
| Code be enacted to read as follows: | 54 |
| Sec. 3301.079. (A)(1) Not later than December 31, 2001,
the | 55 |
|
state board of education shall adopt
statewide academic
standards | 56 |
|
for each of grades kindergarten
through twelve in
reading, | 57 |
|
writing, and mathematics. Not later than December 31,
2002, the | 58 |
|
state board shall adopt statewide academic standards for
each of | 59 |
|
grades kindergarten through twelve in science and
social
studies. | 60 |
|
The standards shall specify the academic content
and
skills that | 61 |
|
students are expected to know and be able to do
at
each grade | 62 |
|
level. | 63 |
| (B) Not later than eighteen months after the completion of | 67 |
|
academic
standards for any subject area required by division (A) | 68 |
|
of this section, the state board
shall adopt a model curriculum | 69 |
|
for instruction in that subject
area for each of grades | 70 |
|
kindergarten through twelve that is sufficient to meet the needs | 71 |
|
of students in every community. The model curriculum shall be | 72 |
|
aligned
with the standards to ensure that the academic content and | 73 |
|
skills
specified for each grade level are taught to students.
When | 74 |
| any model curriculum has
been completed, the state board
shall | 75 |
| inform all school districts
of the content of that model | 76 |
|
curriculum. | 77 |
| (D)(1) Not later than July 1, 2007, and except as provided
in | 97 |
|
division (D)(3) of this section, the state board shall adopt a | 98 |
|
diagnostic assessment aligned with the academic standards and | 99 |
|
model curriculum for each of grades kindergarten through two in | 100 |
|
reading, writing, and mathematics and for each of grades three | 101 |
|
through eight in reading, writing, mathematics, science, and | 102 |
|
social studies. The diagnostic assessment shall be designed to | 103 |
|
measure student comprehension of academic content and mastery of | 104 |
|
related skills for the relevant subject area and grade level. Any | 105 |
|
diagnostic assessment shall not include components to
identify | 106 |
|
gifted
students. Blank copies
of diagnostic tests shall be public | 107 |
|
records. | 108 |
| (E) Whenever the state board or the department of education | 119 |
|
consults with persons for the purpose of drafting or reviewing any | 120 |
|
standards, diagnostic assessments, achievement tests, or model | 121 |
|
curriculum required under this section, the state board or the | 122 |
|
department shall first consult with parents of students in | 123 |
|
kindergarten through twelfth grade and with active Ohio classroom | 124 |
|
teachers, other school personnel,
and administrators with | 125 |
|
expertise in the appropriate subject area.
Whenever practicable, | 126 |
|
the state board and
department shall consult
with teachers | 127 |
|
recognized as outstanding
in their fields. | 128 |
| (G) The fairness sensitivity review committee, established
by | 140 |
| rule of the state board of education, shall not allow any
question | 141 |
| on any achievement test or diagnostic assessment
developed under | 142 |
| this section or any proficiency test prescribed by
former section | 143 |
3301.0710 of the Revised Code, as it existed prior
to
the | 144 |
effective date of this sectionSeptember 11, 2001, to
include, be | 145 |
| written to
promote, or inquire as to individual moral
or social | 146 |
| values or
beliefs. The decision of the committee shall
be final. | 147 |
| This
section does not create a private cause of action. | 148 |
| Sec. 3301.0710. The state board of education shall adopt | 149 |
|
rules establishing a statewide program to test student
| 150 |
|
achievement. The state board shall
ensure that all tests | 151 |
|
administered under the testing program are
aligned with the | 152 |
|
academic standards and model curricula adopted by
the state board | 153 |
|
and are created with input from Ohio parents, Ohio
classroom | 154 |
|
teachers, Ohio school administrators, and other
Ohio
school | 155 |
|
personnel
pursuant to section 3301.079 of
the Revised Code. | 156 |
| (B)
The tests prescribed under this division shall | 190 |
|
collectively be known as the Ohio graduation tests. The state | 191 |
|
board shall prescribe five statewide high
school
achievement | 192 |
|
tests, one each designed to measure
the level
of reading,
writing, | 193 |
| mathematics, science, and
social
studies skill expected
at the end | 194 |
of tenth
grade, and shall
determine and designate the
score on | 195 |
each such
test that shall be
deemed to demonstrate that
any | 196 |
student
attaining such score has
achieved at least
a
proficient | 197 |
level
of
skill
appropriate for
tenth grade. The state board shall | 198 |
| designate a score in at least the range designated under division | 199 |
| (A)(2)(b) of this section on each such test that shall be deemed | 200 |
| to be a passing score on the test as a condition toward granting | 201 |
| high school diplomas under sections 3313.61, 3313.611, 3313.612, | 202 |
| and 3325.08 of the Revised Code. | 203 |
| The state board may enter into a reciprocal agreement with | 204 |
|
the appropriate body or agency of any other state that has
similar | 205 |
|
statewide
achievement testing requirements for
receiving
high | 206 |
|
school diplomas, under which any student who has
met
an | 207 |
|
achievement testing requirement of one state
is recognized as | 208 |
|
having met the similar
achievement
testing requirement of the | 209 |
|
other state for purposes of receiving a
high school diploma. For | 210 |
|
purposes of this section and sections
3301.0711 and 3313.61 of
the | 211 |
|
Revised Code, any student enrolled in
any public high school
in | 212 |
|
this state
who has met
an achievement testing requirement | 213 |
|
specified in a reciprocal
agreement entered into under this | 214 |
|
division shall be deemed to have
attained at least the applicable | 215 |
|
score designated under this
division on each test required by
this | 216 |
|
division that is specified
in the agreement. | 217 |
(D) In prescribing test dates pursuant to division
(C)(3)(2) | 242 |
|
of
this section, the state board shall, to the greatest
extent | 243 |
|
practicable,
provide options to school districts in the case of | 244 |
|
tests
administered under that division to eleventh and twelfth | 245 |
|
grade
students and in the case of tests administered to students | 246 |
|
pursuant to division
(C)(2) of section
3301.0711 of the Revised | 247 |
|
Code. Such options shall include at least an
opportunity
for | 248 |
|
school districts
to give such tests outside of regular school | 249 |
|
hours. | 250 |
| (F) In designating scores on the tests described by this | 258 |
| section pursuant to division (A)(2) or (B) of this section, if the | 259 |
| state board intends to make any change to recommendations made by | 260 |
| any committee established by the department of education for the | 261 |
| purpose of setting such scores, the president of the state board | 262 |
| shall explain the intended change before a joint meeting of the | 263 |
| house of representatives and senate committees with jurisdiction | 264 |
| over education legislation. The state board shall not adopt the | 265 |
| intended change unless, by concurrent resolution, the change is | 266 |
| approved by both houses of the general assembly. | 267 |
(7)(9) In lieu of the board of education of any city, local, | 320 |
| or
exempted village school district in which the student is also | 321 |
|
enrolled, the board of a joint vocational school district shall | 322 |
|
administer any test prescribed under division (B) of section | 323 |
|
3301.0710 of the Revised Code at least twice annually to any | 324 |
|
student enrolled in the joint vocational school district who has | 325 |
|
not yet attained the score on that test designated under that | 326 |
|
division. A board of a joint vocational school district may also | 327 |
|
administer such a test to any student described in division | 328 |
(B)(6)(8)(b) of this section. | 329 |
| (C)(1)(a) Any student receiving special education services | 330 |
|
under
Chapter 3323. of the Revised Code
may be excused from
taking | 331 |
|
any particular test required to be administered under this
section | 332 |
| if the individualized education program developed for the
student | 333 |
| pursuant to section 3323.08 of the Revised Code excuses
the | 334 |
| student from taking that test
and
instead specifies an
alternate | 335 |
| assessment method approved by the
department of
education as | 336 |
| conforming to requirements of federal
law for receipt
of federal | 337 |
| funds for disadvantaged pupils. To the
extent
possible, the | 338 |
| individualized education program shall not
excuse
the student from | 339 |
| taking a test unless no reasonable
accommodation
can be made to | 340 |
| enable the student to take the test. | 341 |
| (c) Any
student
enrolled in a chartered
nonpublic school
who | 349 |
| has been identified,
based on an evaluation conducted in | 350 |
|
accordance with section
3323.03 of the Revised Code or section 504 | 351 |
|
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 352 |
|
794, as amended, as a
child with a disability shall be excused | 353 |
|
from taking any
particular test
required to be administered under | 354 |
|
this section if
a plan developed for the
student pursuant to rules | 355 |
|
adopted by the
state board excuses the student from
taking that | 356 |
|
test. In the
case of any student so excused from taking a test, | 357 |
|
the chartered
nonpublic school shall not prohibit the student from | 358 |
|
taking the
test. | 359 |
| (2) A district board may, for medical reasons or other
good | 360 |
|
cause, excuse a student from taking a test administered
under this | 361 |
|
section on the date scheduled, but any such test shall
be | 362 |
|
administered to such excused student not later than
nine days | 363 |
|
following the scheduled date. The board shall annually
report the | 364 |
|
number of students who have not taken one or more of
the tests | 365 |
|
required by this section to the state board of
education not later | 366 |
|
than the thirtieth day of
June. | 367 |
(3) As used in this division, "English-limitedlimited | 368 |
English proficient student"
means a student whose
primary language | 369 |
is not English, who has
been enrolled in
United States schools for | 370 |
less than
three
full
school years, and who within the school year | 371 |
has been
identified,
in accordance with criteria provided by the | 372 |
department
of
education, as lacking adequate proficiency in | 373 |
English for a
test
under this section to produce valid results | 374 |
with respect to
that
student's academic progresshas the same | 375 |
| meaning as in 20 U.S.C. 7801. | 376 |
A(a) Except as prohibited by division (C)(3)(b) of this | 377 |
| section, a school district board or governing authority of a | 378 |
chartered nonpublic
school may grant a temporary, one-year | 379 |
exemption from any test
administered under this section to an | 380 |
English-limited student.
Not
more than three temporary one-year | 381 |
exemptions may be granted
to
any studentexcuse any limited | 382 |
| English proficient student from taking any particular test | 383 |
| required to be administered under this section, provided that any | 384 |
| student so excused by a district board shall take an alternate | 385 |
| assessment approved by the department in accordance with division | 386 |
| (C)(1)(b) of this section and designed to yield reliable | 387 |
information on that student's academic ability. During any school | 388 |
year in which aFor each limited English proficient student is | 389 |
excused
from taking one or more tests administered under this | 390 |
section, theeach
school district shall annually assess that | 391 |
| student's progress
in learning
English, in accordance with | 392 |
| procedures approved by the
department. | 393 |
| (D) In the school year next succeeding
the school year in | 402 |
|
which the tests prescribed by division (A)(1) of
section
3301.0710 | 403 |
|
of the Revised Code
or former division (A)(1), (A)(2), or (B) of | 404 |
section
3301.0710 of the Revised Code as it existed prior to
the | 405 |
effective
date of this amendmentSeptember 11, 2001, are | 406 |
| administered to any
student,
the board
of education of any school | 407 |
| district in which
the
student
is
enrolled in that year shall | 408 |
| provide
to the student intervention
services
commensurate with the | 409 |
| student's test
performance,
including any intensive intervention | 410 |
| required under
section
3313.608 of the Revised Code, in any skill | 411 |
| in which the
student
failed
to demonstrate at least
a score at the | 412 |
| Ohio proficient
level
on a proficiency test or a score in the | 413 |
basicnationally proficient
range on an
achievement test.
This | 414 |
division does not apply to
any student
receiving
services
pursuant | 415 |
to an individualized
education program
developed
for the
student | 416 |
pursuant to section
3323.08 of the
Revised Code. | 417 |
| (E) Except as provided in section 3313.608 of the Revised | 418 |
|
Code and division
(M) of this section,
no school district board of | 419 |
|
education shall
utilize any
student's failure to
attain a | 420 |
|
specified score on
any test administered under this
section
as a | 421 |
|
factor in any decision to deny the student promotion
to a higher | 422 |
|
grade level. However, a district board may
choose not
to promote | 423 |
|
to
the next grade level any student who does not take
any
test | 424 |
|
administered under this section or make up
such test as
provided | 425 |
|
by division (C)(2) of this section and who
is not
exempted
from | 426 |
|
the requirement to take the test under
division
(C)(1) or (3) of | 427 |
|
this section. | 428 |
| (G) Not later than sixty days after any administration of
any | 431 |
| test prescribed by section 3301.0710 of the Revised Code, the | 432 |
|
department shall send to each school district board a list of the | 433 |
|
individual test scores of all persons taking the test.
For any | 434 |
|
tests administered under this section by a joint vocational school | 435 |
|
district, the department shall also send to each city, local, or | 436 |
|
exempted village school district a list of the individual test | 437 |
|
scores of any students of such city, local, or exempted village | 438 |
|
school district who are attending school in the joint vocational | 439 |
|
school district. | 440 |
| (1) In accordance with rules that the state board of | 456 |
|
education shall adopt, the board of education of any city, | 457 |
|
exempted village, or local school district with territory in a | 458 |
|
cooperative education
school
district established pursuant to | 459 |
|
divisions (A) to (C) of
section
3311.52 of the Revised Code may | 460 |
|
enter into an agreement
with the
board of education of the
| 461 |
|
cooperative
education school district for administering any test | 462 |
|
prescribed
under this section to students of the city, exempted | 463 |
|
village, or
local school district who are attending school in the | 464 |
|
cooperative education school district. | 465 |
| (2) In accordance with rules that the state board of | 466 |
|
education shall adopt, the board of education of any city, | 467 |
|
exempted village, or local school district with territory in a | 468 |
|
cooperative education school district established pursuant to | 469 |
|
section 3311.521 of the Revised Code shall enter into an
agreement | 470 |
|
with the cooperative district that provides for the
administration | 471 |
|
of any test prescribed under this section to both
of the | 472 |
|
following: | 473 |
| (K)(1) Any chartered nonpublic school may participate in
the | 484 |
|
testing program by administering any of the tests prescribed
by | 485 |
|
section 3301.0710 of the Revised Code if the chief
administrator | 486 |
|
of the school specifies which tests the school
wishes to | 487 |
|
administer. Such specification shall be made in
writing to the | 488 |
|
superintendent of public instruction prior to the
first day of | 489 |
|
August of any school year in which tests are
administered and | 490 |
|
shall include a pledge that the nonpublic school
will administer | 491 |
|
the specified tests in the same manner as public
schools are | 492 |
|
required to do under this section and rules adopted
by the | 493 |
|
department. | 494 |
| (M) Notwithstanding division (E) of this section,
a school | 509 |
|
district may
use a student's failure to attain a score in at
least | 510 |
the basicnationally proficient range on the mathematics test | 511 |
| described by division (A)(1)(a) of section 3301.0710 of the | 512 |
| Revised Code or on any of the
tests
described by division | 513 |
(A)(1)(b), (c), (d), or (e), or (f) of
section 3301.0710 of the | 514 |
|
Revised
Code
as a factor in retaining that student in the current | 515 |
|
grade
level. | 516 |
| Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and | 537 |
|
3301.0711 of the Revised Code, the state board of education shall | 538 |
|
continue to
prescribe and the department of education and each | 539 |
|
school district
shall continue to administer any proficiency test | 540 |
as required byin accordance with
those former sections, as they | 541 |
| existed prior to September 11, 2001, until the applicable test is | 542 |
| no longer required to be administered as indicated on the chart | 543 |
below. When any
achievement test, as
indicated on the chart below, | 544 |
| has been
developed and made
available in accordance with section | 545 |
3301.079
of the Revised Code.
Thereafter, such achievement test | 546 |
| shall be
administered to
students under sections 3301.0710 and | 547 |
| 3301.0711 of
the Revised
Code beginning in the school year | 548 |
| indicated on the chart below. School districts shall continue to | 549 |
| provide
intervention services as required under former division | 550 |
| (D) of
section 3301.0711 of the Revised Code, as it existed prior | 551 |
| to September 11, 2001, to students who fail to
attain a score in | 552 |
| the Ohio proficient range on a fourth grade
proficiency test. | 553 |
(B) TheNotwithstanding division (A) of this section, the | 606 |
| state board shall continue to prescribe and school
districts and | 607 |
| chartered nonpublic schools shall continue to
administer ninth | 608 |
| grade proficiency tests in reading, writing,
mathematics, science, | 609 |
| and citizenship to students who enter ninth
grade prior to July 1, | 610 |
| 2003, for as long as those students remain
eligible under section | 611 |
| 3313.614 of the Revised Code to receive
their high school diplomas | 612 |
based on passage of those ninth grade
proficiency tests. No | 613 |
student who enters ninth grade prior to
July 1, 2003, is required | 614 |
to take any Ohio graduation
test, even
if any are administered to | 615 |
the student's grade level,
until the
student is required by | 616 |
section 3313.614 of the Revised
Code to
pass Ohio graduation tests | 617 |
to receive a high
school diploma. | 618 |
| (a) The numbers of students receiving each category of | 641 |
|
instructional service offered by the school district, such as | 642 |
|
regular education instruction, vocational education instruction, | 643 |
|
specialized instruction programs or enrichment instruction that
is | 644 |
|
part of the educational curriculum, instruction for gifted | 645 |
|
students, instruction for handicapped students, and remedial | 646 |
|
instruction. The guidelines shall require instructional services | 647 |
|
under this division to be divided into discrete categories if an | 648 |
|
instructional service is limited to a specific subject, a
specific | 649 |
|
type of student, or both, such as regular instructional
services | 650 |
|
in mathematics, remedial reading instructional services, | 651 |
|
instructional services specifically for students gifted in | 652 |
|
mathematics or some other subject area, or instructional services | 653 |
|
for students with a specific type of handicap. The categories of | 654 |
|
instructional services required by the guidelines under this | 655 |
|
division shall be the same as the categories of instructional | 656 |
|
services used in determining cost units pursuant to division | 657 |
|
(C)(3) of this section. | 658 |
| (b) The numbers of students receiving support or | 659 |
|
extracurricular services for each of the support services or | 660 |
|
extracurricular programs offered by the school district, such as | 661 |
|
counseling services, health services, and extracurricular sports | 662 |
|
and fine arts programs. The categories of services required by
the | 663 |
| guidelines under this division shall be the same as the
categories | 664 |
| of services used in determining cost units pursuant to
division | 665 |
| (C)(4)(a) of this section. | 666 |
| (a) The total numbers of licensed employees and
nonlicensed | 704 |
|
employees and the numbers of full-time
equivalent licensed | 705 |
|
employees and nonlicensed employees providing
each category of | 706 |
|
instructional service, instructional support
service, and | 707 |
|
administrative support service used pursuant to
division (C)(3) of | 708 |
|
this section. The guidelines adopted under
this section shall | 709 |
|
require these categories of data to be
maintained for the school | 710 |
|
district as a whole and, wherever
applicable, for each grade in | 711 |
|
the school district as a whole, for
each school building as a | 712 |
|
whole, and for each grade in each
school building. | 713 |
| (b) The total number of employees and the number of
full-time | 714 |
| equivalent employees providing each category of service
used | 715 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and
the | 716 |
| total numbers of licensed employees and nonlicensed
employees
and | 717 |
| the numbers of full-time equivalent licensed
employees and | 718 |
|
nonlicensed employees providing each category
used pursuant to | 719 |
|
division (C)(4)(c) of this section. The
guidelines adopted under | 720 |
|
this section shall require these
categories of data to be | 721 |
|
maintained for the school district as a
whole and, wherever | 722 |
|
applicable, for each grade in the school
district as a whole, for | 723 |
|
each school building as a whole, and for
each grade in each school | 724 |
|
building. | 725 |
| (3)(a) Student demographic data for each school district, | 731 |
|
including information regarding the gender ratio of the school | 732 |
|
district's pupils, the racial make-up of the school district's | 733 |
|
pupils, the number of limited English proficient students in the | 734 |
| district, and an appropriate measure of the number of the school | 735 |
|
district's pupils who reside in economically disadvantaged | 736 |
|
households. The demographic data shall be collected in a manner
to | 737 |
| allow correlation with data collected under division (B)(1) of | 738 |
|
this section. Categories for data collected pursuant to division | 739 |
|
(B)(3) of this section shall conform, where appropriate, to | 740 |
|
standard practices of agencies of the federal government. | 741 |
| (C) The education management information system shall
include | 749 |
| cost accounting data for each district as a whole and for
each | 750 |
| school building in each school district. The guidelines
adopted | 751 |
| under this section shall require the cost data for each
school | 752 |
| district to be maintained in a system of mutually
exclusive
cost | 753 |
| units and shall require all of the costs of each
school
district | 754 |
| to be divided among the cost units. The
guidelines shall
require | 755 |
| the system of mutually exclusive cost
units to include at
least | 756 |
| the following: | 757 |
| (3) Instructional services costs for each category of | 770 |
|
instructional service provided directly to students and required | 771 |
|
by guidelines adopted pursuant to division (B)(1)(a) of this | 772 |
|
section. The guidelines shall require the cost units under | 773 |
|
division (C)(3) of this section to be designed so that each of | 774 |
|
them may be compiled and reported in terms of average expenditure | 775 |
|
per pupil receiving the service in the school district as a whole | 776 |
|
and average expenditure per pupil receiving the service in each | 777 |
|
building in the school district and in terms of a total cost for | 778 |
|
each category of service and, as a breakdown of the total cost, a | 779 |
|
cost for each of the following components: | 780 |
| (4) Support or extracurricular services costs for each | 793 |
|
category of service directly provided to students and required by | 794 |
|
guidelines adopted pursuant to division (B)(1)(b) of this
section. | 795 |
|
The guidelines shall require the cost units under
division (C)(4) | 796 |
|
of this section to be designed so that each of
them may be | 797 |
|
compiled and reported in terms of average expenditure
per pupil | 798 |
|
receiving the service in the school district as a whole
and | 799 |
|
average expenditure per pupil receiving the service in each | 800 |
|
building in the school district and in terms of a total cost for | 801 |
|
each category of service and, as a breakdown of the total cost, a | 802 |
|
cost for each of the following components: | 803 |
| (D)(1) The guidelines adopted under this section
shall | 818 |
|
require
school districts to collect information about individual | 819 |
|
students, staff members, or both in connection with any data | 820 |
|
required by division (B) or (C) of this section or other
reporting | 821 |
|
requirements established in the Revised Code. The
guidelines may
| 822 |
|
also require school districts to report
information about | 823 |
|
individual staff members in connection with any
data required by | 824 |
|
division (B) or (C) of this section or other
reporting | 825 |
|
requirements established in the Revised Code. The
guidelines
shall | 826 |
| not
authorize school districts to request social
security
numbers | 827 |
| of
individual students.
The guidelines shall prohibit
the | 828 |
|
reporting
under this
section of
a student's
name,
address,
and | 829 |
|
social security number to the state board of
education or the | 830 |
|
department of
education. The guidelines shall
also prohibit the | 831 |
|
reporting
under
this section of any personally
identifiable | 832 |
|
information
about any
student, except for the purpose
of assigning | 833 |
|
the data
verification
code required by division
(D)(2) of this | 834 |
|
section, to
any
other
person
unless such person
is
employed by
the | 835 |
|
school
district or
the data
acquisition site
operated under | 836 |
|
section
3301.075 of the
Revised Code
and is
authorized
by the | 837 |
|
district or
acquisition
site
to have
access to
such
information. | 838 |
|
The
guidelines may
require
school
districts to
provide the social | 839 |
|
security numbers
of
individual
staff members. | 840 |
| (2) The guidelines shall provide for each school district or | 841 |
|
community school to assign a data verification code
that is unique | 842 |
|
on a statewide basis over time to each
student whose
initial Ohio | 843 |
|
enrollment is in that district or
school and to report
all | 844 |
|
required individual student data for that
student utilizing such | 845 |
|
code. The guidelines shall also provide
for assigning
data | 846 |
|
verification codes to all students enrolled in
districts or | 847 |
|
community
schools on the
effective date of the
guidelines | 848 |
|
established under this section. | 849 |
| (E) The guidelines adopted under this section may require | 863 |
|
school districts to collect and report data, information, or | 864 |
|
reports other than that described in divisions (A), (B), and (C) | 865 |
|
of this section for the purpose of complying with other reporting | 866 |
|
requirements established in the Revised Code. The other data, | 867 |
|
information, or reports may be maintained in the education | 868 |
|
management information system but are not required to be compiled | 869 |
|
as part of the profile formats required under division (G) of
this | 870 |
|
section or the annual statewide report required under
division (H) | 871 |
|
of this section. | 872 |
| (2) The state board shall, in accordance with the
procedures | 902 |
|
it adopts, annually prepare an individual report for
each school | 903 |
|
district and the general public that includes the
profiles of each | 904 |
|
of the school buildings in that school district
developed pursuant | 905 |
|
to division (G) of this section. Copies of
the report shall be | 906 |
|
sent to the superintendent of the district
and to each member of | 907 |
|
the district board of education. | 908 |
| (3) Copies of the reports received from the state board
under | 909 |
| divisions
(H)(1) and (2) of this section shall be made
available | 910 |
| to the general public at each school district's
offices.
Each | 911 |
| district board of education shall make copies of
each report | 912 |
|
available to any person upon request and payment of a
reasonable | 913 |
|
fee for the cost of reproducing the report. The board
shall | 914 |
|
annually publish in a newspaper of general circulation in
the | 915 |
|
school district, at least twice during the two weeks prior to
the | 916 |
|
week in which the reports will first be available, a notice | 917 |
|
containing the address where the reports are available and the | 918 |
|
date on which the reports will be available. | 919 |
| (L) Any time the department of education determines that a | 936 |
|
school district
has taken any of the actions described under | 937 |
|
division
(L)(1), (2), or (3) of this section, it shall make a | 938 |
|
report of the actions of the district, send a copy of the report | 939 |
|
to the superintendent of such school district, and maintain a
copy | 940 |
|
of the report in its files: | 941 |
| Upon making a report for the first time
in a fiscal year, the | 954 |
|
department shall
withhold ten per cent of the total amount due | 955 |
|
during that fiscal
year under Chapter 3317. of the Revised Code to | 956 |
|
the school district to which
the report applies. Upon making a | 957 |
|
second
report in a fiscal year, the department shall withhold
an | 958 |
|
additional twenty per cent of such total amount due during
that | 959 |
|
fiscal year to the school district to which the report
applies. | 960 |
|
The department shall not release such funds
unless it determines | 961 |
|
that the district has taken corrective action.
However, no such | 962 |
|
release of funds shall occur if the district
fails to take | 963 |
|
corrective action within
forty-five days of the date
upon
which | 964 |
| the
report was made by the department. | 965 |
| (M) The department of education, after consultation
with the | 966 |
|
Ohio education computer network, may provide at
no cost to school | 967 |
|
districts uniform computer software for use in
reporting data to | 968 |
|
the education management information system,
provided that no | 969 |
|
school district shall be required to utilize
such software to | 970 |
|
report data to the education management
information system if such | 971 |
|
district is so reporting data in an
accurate, complete, and timely | 972 |
|
manner in a format compatible
with that required by the education | 973 |
|
management information
system. | 974 |
Sec. 3301.0715. (A) Except as provided in division (E) ofIn | 994 |
| accordance with
this section, the board of education of each city, | 995 |
|
local, and
exempted village school district shall administer each | 996 |
| diagnostic
assessment developed and provided to the district in | 997 |
accordance
with section 3301.079 of the
Revised Code to measure | 998 |
student
progress toward the attainment of
academic standards for | 999 |
grades
kindergarten through two in reading,
writing, and | 1000 |
mathematics and
for grades three through eight in reading, | 1001 |
writing, mathematics,
science, and social studies the following: | 1002 |
| (B) Each district board shall administer each diagnostic | 1006 |
assessment aswhenever the board deems appropriate.
However, the | 1007 |
| board
shall administer any diagnostic assessment at
least once | 1008 |
| annually
to all students in the appropriate grade
level. A | 1009 |
| district board
may administer any diagnostic assessment
in the | 1010 |
fall and spring of
a school year to measure the "value
added" | 1011 |
| amount of academic growth attributable to the instruction
received | 1012 |
| by students during that school
year. | 1013 |
| (C) Each district board shall utilize and score any | 1014 |
|
diagnostic assessment administered under division (A) of this | 1015 |
|
section in accordance with rules established by the department of | 1016 |
education. Except as required by division (B)(1)(o) of section | 1017 |
3301.0714 of the Revised Code, neitherNeither the state board of | 1018 |
| education nor the
department
shall require school districts to | 1019 |
| report the results of
diagnostic
assessments for any students to | 1020 |
| the department or to
make any such
results available in any form | 1021 |
| to the public. After
the
administration of any diagnostic | 1022 |
| assessment, each district
shall
provide a student's completed | 1023 |
| diagnostic assessment, the
results
of such assessment, and any | 1024 |
| other accompanying documents
used
during the administration of the | 1025 |
| assessment to the parent of
that
student upon the parent's | 1026 |
| request. | 1027 |
(F) Within thirty days after a student transfers into a | 1036 |
school district or to a different school within the same district, | 1037 |
the district shall administer each diagnostic assessment required | 1038 |
under division (A) of this section to the studentA district board | 1039 |
| may administer any diagnostic assessment provided to the district | 1040 |
| in accordance with section 3301.079 of the Revised Code to any | 1041 |
| student enrolled in a building that is not subject to division (A) | 1042 |
| of this section. Any district electing to administer diagnostic | 1043 |
| assessments to students under this division shall provide | 1044 |
| intervention services to any such student whose diagnostic | 1045 |
| assessment shows unsatisfactory progress toward attaining the | 1046 |
| academic standards for the student's grade level. | 1047 |
| (B) "Graduation rate" means a calculation of the percentage | 1100 |
|
of ninth grade students who graduate by the end of the summer | 1101 |
|
following their twelfth grade year. The graduation rate is the | 1102 |
|
ratio of the students receiving a diploma to the number of | 1103 |
| students who
entered ninth grade four years earlier. Students
who | 1104 |
| transfer into the district are added to the calculation.
Students | 1105 |
| who transfer out of the district for reasons other than
dropout | 1106 |
| are subtracted from the calculation. Students who do
not graduate | 1107 |
| within four years but who continue their high school
education in | 1108 |
| the
following year in the same school district are
removed from | 1109 |
| the calculation for the year in which they
would have graduated | 1110 |
| and are added to the
calculation for the following year's | 1111 |
| graduating
class as if the student had entered ninth grade four | 1112 |
| years before the intended
graduation date of that class. In each | 1113 |
| subsequent year that such students do
not graduate but continue | 1114 |
| their high school education uninterrupted in the
same school | 1115 |
| district, such students shall be reassigned to the district's | 1116 |
|
graduation rate for that year by assuming that the students | 1117 |
| entered ninth
grade four years before the date of the intended | 1118 |
| graduation. If a student who
was a dropout in any previous year | 1119 |
| returns to the same school district, that
student shall be entered | 1120 |
| into the calculation as if the student had entered
ninth grade | 1121 |
| four years before the graduation year of the graduating class that | 1122 |
|
the student joins. | 1123 |
(E) "Required level of improvement" means
at least one | 1131 |
standard unit of improvement
on at least the percentage of | 1132 |
performance standards required to
demonstrate overall improvement, | 1133 |
in accordance with the rule
approved under division (A) of section | 1134 |
3302.04 of the
Revised Code"Performance index score" means the | 1135 |
| average of the totals derived from calculations for each subject | 1136 |
| area of reading, writing, mathematics, science, and social studies | 1137 |
| of the weighted proportion of untested students and students | 1138 |
| scoring at each level of skill described in division (A)(2) of | 1139 |
| section 3301.0710 of the Revised Code on the tests prescribed by | 1140 |
| divisions (A) and (B) of that section. The department of education | 1141 |
| shall assign weights in the following manner: | 1142 |
| (H) "Annual measurable objective" means the yearly percentage | 1167 |
| of students, which shall be established by the state board, who | 1168 |
| must score at or above the nationally proficient level on tests | 1169 |
| established under section 3301.0710 of the Revised Code in reading | 1170 |
| and mathematics administered to their grade level for a school | 1171 |
| district or a school building to be deemed to have made sufficient | 1172 |
| progress for that school year toward the goal of having all | 1173 |
| students scoring at or above the nationally proficient level on | 1174 |
| such tests by June 30, 2014. For the school year that begins July | 1175 |
| 1, 2003, the state board shall establish an "annual measurable | 1176 |
| objective" in accordance with the "No Child Left Behind Act of | 1177 |
| 2001," 115 Stat. 1425, 20 U.S.C. 6311. In the school year | 1178 |
| following the first administration of each test established under | 1179 |
| section 3301.0710 of the Revised Code, the state board shall use | 1180 |
| the results from such tests to make any necessary adjustments in | 1181 |
| the applicable annual measurable objective. | 1182 |
| (I) "Adequate yearly progress," as required by the "No Child | 1183 |
| Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a | 1184 |
| measure of annual academic improvement. "Adequate yearly progress" | 1185 |
| is made by a school district or a school building when, in | 1186 |
| accordance with division (D)(2) of section 3302.03 of the Revised | 1187 |
| Code, the district or building satisfies either divisions (I)(1) | 1188 |
| and (2) of this section or divisions (I)(1) and (3) of this | 1189 |
| section in the applicable school year: | 1190 |
| (1) At least ninety-five per cent of the total student | 1191 |
| population and of each subgroup in the district or building takes | 1192 |
| each test in reading and mathematics prescribed by section | 1193 |
| 3301.0710 of the Revised Code that is administered to their grade | 1194 |
| level, except that this requirement shall not apply to any | 1195 |
| subgroup in the district or building that contains less than forty | 1196 |
| students. Those students taking a test with accommodations or an | 1197 |
| alternate assessment pursuant to division (C) of section 3301.0711 | 1198 |
| of the Revised Code shall be counted as taking that test for the | 1199 |
| purposes of this division. | 1200 |
| (2) The total student population and each subgroup in the | 1201 |
| district or building meets or exceeds the annual measurable | 1202 |
| objective for that school year in reading and mathematics based | 1203 |
| upon data from the current school year or a three-year average of | 1204 |
| data and the district or building meets or exceeds the minimum | 1205 |
| threshold on the other academic indicators for that school year. | 1206 |
| In calculating whether a district or building satisfies this | 1207 |
| division, the department shall include any subgroup in the | 1208 |
| district or building that contains thirty or more students, except | 1209 |
| that the department shall not include the subgroup described in | 1210 |
| division (F)(2) of this section unless such subgroup contains | 1211 |
| forty-five or more students. The percentage of students in the | 1212 |
| subgroup described in division (F)(2) of this section who are not | 1213 |
| required to score at or above the nationally proficient level on | 1214 |
| tests established under section 3301.0710 of the Revised Code for | 1215 |
| the purpose of determining whether a district or building | 1216 |
| satisfies this division shall not exceed the percentage permitted | 1217 |
| by federal law. | 1218 |
| Sec. 3302.021. (A) Not later than July 1, 2005, the | 1340 |
| department of education shall incorporate a value-added progress | 1341 |
| dimension into the report cards and performance ratings issued for | 1342 |
| school districts and buildings under section 3302.03 of the | 1343 |
| Revised Code. The state board of education shall adopt rules, | 1344 |
| pursuant to Chapter 119. of the Revised Code, for the | 1345 |
| implementation of the value-added progress dimension. In adopting | 1346 |
| rules, the state board shall consult with the Ohio accountability | 1347 |
| committee established under division (C) of this section. The | 1348 |
| rules adopted under this division shall specify both of the | 1349 |
| following: | 1350 |
|
(2) That the department shall maintain the confidentiality of | 1354 |
| individual student test scores and individual student reports in | 1355 |
| accordance with sections 3301.0711 and 3301.0714 of the Revised | 1356 |
| Code and federal law. The department may require school districts | 1357 |
| to use a unique identifier for each student for this purpose. | 1358 |
| Individual student test scores and individual student reports | 1359 |
| shall be made available only to a student's classroom teacher and | 1360 |
| the student's parent or guardian. | 1361 |
|
(B) The department shall use a system designed for collecting | 1362 |
| necessary data, calculating the value-added progress dimension, | 1363 |
| analyzing data, and generating reports, which system has been used | 1364 |
| previously by a non-profit organization led by the Ohio business | 1365 |
| community for at least one year in the operation of a pilot | 1366 |
| program in cooperation with school districts to collect and report | 1367 |
| student achievement data via electronic means and to provide | 1368 |
| information to the districts regarding the academic performance of | 1369 |
| individual students, grade levels, school buildings, and the | 1370 |
| districts as a whole. | 1371 |
|
Initial appointed members of the committee shall serve until | 1393 |
| January 1, 2005. Thereafter, terms of office for appointed members | 1394 |
| shall be for two years, each term ending on the same day of the | 1395 |
| same month as did the term that it succeeds. Each appointed member | 1396 |
| shall hold office from the date of appointment until the end of | 1397 |
| the term for which the member was appointed. Members may be | 1398 |
| reappointed. Vacancies shall be filled in the same manner as the | 1399 |
| original appointment. Any member appointed to fill a vacancy | 1400 |
| occurring prior to the expiration of the term for which the | 1401 |
| member's predecessor was appointed shall hold office for the | 1402 |
| remainder of that term. | 1403 |
| (c) Not later than five years after its initial meeting, make | 1419 |
| recommendations to improve and simplify the school district and | 1420 |
| building accountability system established under Chapter 3302. of | 1421 |
| the Revised Code. The committee shall adopt recommendations by a | 1422 |
| majority vote of its members. Copies of the recommendations shall | 1423 |
| be provided to the state board, the governor, the speaker of the | 1424 |
| house of representatives, and the president of the senate. | 1425 |
When possible, the department shall also determine for each | 1443 |
school building
in a district the extent to which it meets any of | 1444 |
the performance
indicators applicable to the grade levels of the | 1445 |
students in that
school building and whether the school building | 1446 |
is an excellent school, an effective
school, needs continuous | 1447 |
improvement, is under an academic watch,
or is in a state of | 1448 |
academic emergency. | 1449 |
(C)
If the state board establishes more than seventeen | 1493 |
performance
indicators under section 3302.02 of the Revised Code, | 1494 |
or if less
than seventeen performance indicators are applicable to | 1495 |
a school
building, the state board shall establish the number of | 1496 |
indicators
that must be met in order for a district or building to | 1497 |
be
designated as excellent, effective, needs continuous | 1498 |
improvement,
is under an academic watch, or is in a state of | 1499 |
academic
emergency. The number established for each such
category | 1500 |
under
this division shall bear a similar relationship to
the total | 1501 |
number of indicators as the number of indicators
required for the | 1502 |
respective categories stated in division (B) of
this section bears | 1503 |
to seventeen. | 1504 |
In reporting data pursuant to division (D)(C)(3) of this | 1547 |
|
section, the
department shall not include in the report cards any | 1548 |
|
data statistical in nature that is statistically unreliable or | 1549 |
|
that could result in the identification of individual students. | 1550 |
| For this purpose, the department shall not report student | 1551 |
| performance data for any group identified in division (C)(3) of | 1552 |
| this section that contains less than ten students. | 1553 |
| (5) The department shall include on each report card a list | 1557 |
|
of additional information collected by the department that is | 1558 |
|
available regarding the district or building for which the report | 1559 |
|
card is issued. When available, such additional information shall | 1560 |
|
include student mobility data disaggregated by race and | 1561 |
|
socioeconomic status, college enrollment data, and the reports | 1562 |
|
prepared under section 3302.031 of the Revised Code. | 1563 |
(E)(D)(1) In calculating
reading, writing, mathematics, | 1578 |
| social
studies, or science proficiency
or achievement test
passage | 1579 |
| rates
used to determine school district or building performance | 1580 |
| under
this
section,
the department shall include all
students
| 1581 |
|
taking a test with
accommodation
or to
whom an
alternate | 1582 |
| assessment is administered
pursuant to
division
(C)(1) or (3)
of | 1583 |
section 3301.0711 of the
Revised
Code,
but shall
not include
any | 1584 |
student excused from taking a test
pursuant to
division (C)(3)
of | 1585 |
that section, whether or not
the
student chose
to take the
test | 1586 |
voluntarily in spite of the
exemption granted in
that division. | 1587 |
| (2) In calculating performance index scores, rates of | 1588 |
| achievement on the performance indicators established in section | 1589 |
| 3302.02 of the Revised Code, and adequate yearly progress for | 1590 |
| school districts and buildings under this section, the department | 1591 |
| shall include for each district or building only those students | 1592 |
| who are included in the formula ADM certified for the first full | 1593 |
| school week of October and are continuously enrolled in the | 1594 |
| district or building through the time of the spring administration | 1595 |
| of any test prescribed by section 3301.0710 of the Revised Code | 1596 |
| that is administered to the student's grade level. | 1597 |
The rule shall
apply
to determinations of school district | 1610 |
improvement under
division
(B) of this sectionThe department of | 1611 |
| education shall establish a system of intensive, ongoing support | 1612 |
| for the improvement of school districts and school buildings. The | 1613 |
| system shall give priority to districts and buildings that have | 1614 |
| been declared to be under an academic watch or in a state of | 1615 |
| academic emergency under section 3302.03 of the Revised Code and | 1616 |
| shall include services provided to districts and buildings through | 1617 |
| regional service providers, such as educational service centers, | 1618 |
| regional professional development centers, and special education | 1619 |
| regional resource centers. | 1620 |
| (B) When a school district has been notified by
the | 1621 |
|
department pursuant to division (A) of section 3302.03 of the | 1622 |
|
Revised Code
that the district
or a building within the district | 1623 |
|
needs continuous improvement, is under an academic watch,
or is in | 1624 |
|
a state of academic emergency, the district shall
develop a | 1625 |
|
three-year continuous improvement plan
for the district or | 1626 |
building containing an analysis of
the reasons for the district's | 1627 |
failure
as a whole, or the failure
of any buildings,
to meet any | 1628 |
of the
indicators
not
met and
specifying the
strategies
the | 1629 |
district will
use and the resources
it will allocate to
address | 1630 |
the problem.
Copies of the plan shall
be made available to the | 1631 |
publiceach of the following: | 1632 |
| No three-year continuous improvement plan shall be developed | 1647 |
|
or adopted
pursuant to this division unless at least one public | 1648 |
|
hearing is held within
the
affected school
district
or building | 1649 |
|
concerning the final draft of
the plan.
Notice
of the hearing | 1650 |
|
shall be given two weeks prior to the
hearing
by
publication in | 1651 |
|
one newspaper of general circulation
within the
territory of
the | 1652 |
|
affected school district or building. Copies of the plan shall be | 1653 |
| made available to the public. | 1654 |
| (C) When a school district or building has been
notified by | 1655 |
| the
department pursuant to division (A) of section
3302.03 of the | 1656 |
Revised Code that the district
or a building within the district | 1657 |
|
is
under an
academic watch or in a state
of academic emergency, | 1658 |
|
the
district or building shall be subject to any rules | 1659 |
| establishing
intervention
in academic watch or emergency school | 1660 |
| districts or buildings that
have been
recommended to the
general | 1661 |
| assembly by the department of
education
and approved by joint | 1662 |
|
resolution of the general
assembly. | 1663 |
| (2) If any school district that is declared to be in a state | 1669 |
|
of
academic emergency or in a state of academic watch under | 1670 |
|
section 3302.03
of the Revised Code
or encompasses a building that | 1671 |
|
is declared to be in a state of academic emergency or in a state | 1672 |
|
of academic watch fails to demonstrate to the department | 1673 |
|
satisfactory improvement
of the district or applicable buildings | 1674 |
|
or fails to submit to the department any
information required | 1675 |
|
under rules established by the state board of
education, prior to | 1676 |
|
approving a three-year continuous improvement
plan
under rules | 1677 |
|
established by the state
board of education,
the department shall | 1678 |
|
conduct a site evaluation
of the school
district
or applicable | 1679 |
|
buildings to determine whether the school
district is
in | 1680 |
|
compliance with minimum standards established by
law or rule. | 1681 |
(E)(1) If, after three years under a continuous improvement | 1693 |
plan developed pursuant to division (B) of this section, any | 1694 |
school district that is declared to be in a state of academic | 1695 |
emergency under section 3302.03 of the Revised Code has any | 1696 |
building within the district that is declared to be in a state of | 1697 |
academic emergency under that section and
that fails to improve
on | 1698 |
the performance indicators that the building did not meet
under | 1699 |
that section to make progress
toward becoming an excellent | 1700 |
building, the district shall
implement at least one of the | 1701 |
following options with respect to
that building: | 1702 |
| (a) Provide written notification of the academic issues that | 1733 |
| resulted in the performance designation assigned to the building | 1734 |
| under section 3302.03 of the Revised Code to the parent or | 1735 |
| guardian of each student enrolled in the building. The | 1736 |
| notification shall also describe the actions being taken by the | 1737 |
| district or building to improve the academic performance of the | 1738 |
| building and any progress achieved toward that goal in the | 1739 |
| immediately preceding school year. | 1740 |
| (b) If the school receives funds under Title 1, Part A of the | 1741 |
| "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 1742 |
| to 6339, from the district, in accordance with section 3313.97 of | 1743 |
| the Revised Code, offer all students enrolled in the building the | 1744 |
| opportunity to enroll in an alternative building within the | 1745 |
| district that has made adequate yearly progress for at least two | 1746 |
| consecutive school years. Notwithstanding Chapter 3327. of the | 1747 |
| Revised Code, the district shall spend at least twenty per cent of | 1748 |
| the funds it receives under Title I, Part A of the "Elementary and | 1749 |
| Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to | 1750 |
| provide transportation for students who enroll in alternative | 1751 |
| buildings under this division, unless the district can satisfy all | 1752 |
| demand for transportation with a lesser amount. If twenty per cent | 1753 |
| of the funds the district receives under Title I, Part A of the | 1754 |
| "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 1755 |
| to 6339, is insufficient to satisfy all demand for transportation, | 1756 |
| the district shall grant priority over all other students to the | 1757 |
| lowest achieving students among the subgroup described in division | 1758 |
| (F)(3) of section 3302.01 of the Revised Code in providing | 1759 |
| transportation. Any district that does not receive funds under | 1760 |
| Title I, Part A of the "Elementary and Secondary Education Act of | 1761 |
| 1965," 20 U.S.C. 6311 to 6339, shall not be required to provide | 1762 |
| transportation to any student who enrolls in an alternative | 1763 |
| building under this division. | 1764 |
| (a) If the school receives funds under Title 1, Part A of the | 1772 |
| "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 1773 |
| to 6339, from the district, in accordance with section 3313.97 of | 1774 |
| the Revised Code, provide all students enrolled in the building | 1775 |
| the opportunity to enroll in an alternative building within the | 1776 |
| district that has made adequate yearly progress for at least two | 1777 |
| consecutive school years. Notwithstanding Chapter 3327. of the | 1778 |
| Revised Code, the district shall provide transportation for | 1779 |
| students who enroll in alternative buildings under this division | 1780 |
| to the extent required under division (E)(2) of this section. | 1781 |
| The district shall spend a combined total of at least twenty | 1788 |
| per cent of the funds it receives under Title I, Part A of the | 1789 |
| "Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311 | 1790 |
| to 6339, to provide transportation for students who enroll in | 1791 |
| alternative buildings under division (E)(2)(a) of this section and | 1792 |
| to pay the costs of the supplemental educational services provided | 1793 |
| to students under division (E)(2)(b) of this section, unless the | 1794 |
| district can satisfy all demand for transportation and pay the | 1795 |
| costs of supplemental educational services for those students who | 1796 |
| request them with a lesser amount. In allocating the funds the | 1797 |
| district receives under Title I, Part A of the "Elementary and | 1798 |
| Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, between | 1799 |
| the requirements of divisions (E)(2)(a) and (b) of this section, | 1800 |
| the district shall spend at least five per cent of such funds to | 1801 |
| provide transportation for students who enroll in alternative | 1802 |
| buildings under division (E)(2)(a) of this section, unless the | 1803 |
| district can satisfy all demand for transportation with a lesser | 1804 |
| amount, and at least five per cent of such funds to pay the costs | 1805 |
| of the supplemental educational services provided to students | 1806 |
| under division (E)(2)(b) of this section, unless the district can | 1807 |
| pay the costs of such services for all students requesting them | 1808 |
| with a lesser amount. If twenty per cent of the funds the district | 1809 |
| receives under Title I, Part A of the "Elementary and Secondary | 1810 |
| Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to | 1811 |
| satisfy all demand for transportation under division (E)(2)(a) of | 1812 |
| this section and to pay the costs of all of the supplemental | 1813 |
| educational services provided to students under division (E)(2)(b) | 1814 |
| of this section, the district shall grant priority over all other | 1815 |
| students in providing transportation and in paying the costs of | 1816 |
| supplemental educational services to the lowest achieving students | 1817 |
| among the subgroup described in division (F)(3) of section 3302.01 | 1818 |
| of the Revised Code. | 1819 |
| Any district that does not receive funds under Title I, Part | 1820 |
| A of the "Elementary and Secondary Education Act of 1965," 20 | 1821 |
| U.S.C. 6311 to 6339, shall not be required to provide | 1822 |
| transportation to any student who enrolls in an alternative | 1823 |
| building under division (E)(2)(a) of this section or to pay the | 1824 |
| costs of supplemental educational services provided to any student | 1825 |
| under division (E)(2)(b) of this section. | 1826 |
| (5) If a school district fails to make adequate yearly | 1908 |
| progress for six consecutive school years, the department shall | 1909 |
| take at least one of the corrective actions identified in division | 1910 |
| (F)(3) of this section with respect to the district, provided that | 1911 |
| the corrective action the department takes is different from the | 1912 |
| corrective action previously taken under division (F)(3) of this | 1913 |
| section with respect to the district. | 1914 |
| (G) The department may establish a state intervention team to | 1915 |
evaluate
all aspects of thea school district or building, | 1916 |
| including management, curriculum,
instructional methods, resource | 1917 |
| allocation, and scheduling. Any
such intervention team shall be | 1918 |
| appointed by the department and
shall include teachers and | 1919 |
| administrators recognized as
outstanding in their fields. The | 1920 |
intervention team shall make
recommendations to the district | 1921 |
| regarding methods for improving
the performance of the district or | 1922 |
building. The | 1923 |
| (C) Upon the request of any person pursuant to division
(A) | 1949 |
|
or (B) of this section, the board of education to which the | 1950 |
|
request is made shall evaluate the person to determine whether
the | 1951 |
|
person is handicapped, in accordance with rules adopted by
the | 1952 |
|
state board of education. If the evaluation indicates that
the | 1953 |
|
person is handicapped, the board shall determine whether to
excuse | 1954 |
|
the person from taking any of the tests required by
division (B) | 1955 |
|
of section 3301.0710 of the Revised Code
as a requirement for | 1956 |
|
receiving a diploma under section 3313.611 of the Revised Code. | 1957 |
The
determination of whether to excuse the person from any such | 1958 |
test
shall be made in the same manner as it would be for students | 1959 |
enrolled in the district who are receiving special education
under | 1960 |
Chapter 3323 of the Revised CodeThe board may require the person | 1961 |
| to take an alternate assessment in place of any test from which | 1962 |
| the person is so excused. | 1963 |
| (B) In accordance with the policy adopted under division (A) | 1985 |
|
of this section, each school district shall provide | 1986 |
|
prevention/intervention services in pertinent subject areas to | 1987 |
|
students who score below the Ohio proficient level on a reading, | 1988 |
|
writing, mathematics, social studies, or science proficiency test | 1989 |
|
administered in the fourth, sixth, or ninth grade or
below the | 1990 |
basicnationally proficient level on any
achievement test or who | 1991 |
do not
demonstrate
academic performance at
their
grade level based | 1992 |
on the
results of
a diagnostic
assessment. | 1993 |
| (B) In lieu of a diploma granted under division (A) of
this | 2017 |
|
section, an honors diploma shall be granted, in accordance
with | 2018 |
|
rules of the state board of education, by any such district
board | 2019 |
|
to anyone who successfully completes the curriculum in any
high | 2020 |
|
school or the individualized education program developed for
the | 2021 |
|
person by any high school pursuant to section 3323.08 of the | 2022 |
|
Revised Code, who has attained
subject to section 3313.614 of the | 2023 |
|
Revised Code at least the applicable scores
designated under | 2024 |
|
division (B) of section 3301.0710 of the Revised
Code on all the | 2025 |
|
tests required by that division, or has satisfied the alternative | 2026 |
|
conditions prescribed in section 3313.615 of the Revised Code, and | 2027 |
|
who has met
additional
criteria established by the state board for | 2028 |
|
the
granting of such a
diploma. Except as provided in divisions | 2029 |
|
(C),
(E), and (J) of
this section, no honors
diploma shall be | 2030 |
|
granted
to anyone failing
to comply with this division and no more | 2031 |
|
than
one honors diploma
shall be granted to any student under this | 2032 |
|
division. | 2033 |
| The state board shall adopt rules prescribing the granting
of | 2034 |
|
honors diplomas under this division. These rules may
prescribe
the | 2035 |
| granting of honors diplomas that recognize a
student's
achievement | 2036 |
| as a whole or that recognize a student's
achievement
in one or | 2037 |
| more specific subjects or both. In any
case, the rules
shall | 2038 |
| designate two or more criteria for the
granting of each type
of | 2039 |
| honors diploma the board establishes
under this division and
the | 2040 |
| number of such criteria that must be
met for the granting of
that | 2041 |
| type of diploma. The number of such
criteria for any type of | 2042 |
|
honors diploma shall be at least one
less than the total number of | 2043 |
|
criteria designated for that type
and no one or more particular | 2044 |
|
criteria shall be required of all
persons who are to be granted | 2045 |
|
that type of diploma. | 2046 |
| (C) Any such district board administering any of the tests | 2047 |
|
required by section 3301.0710
or 3301.0712 of the Revised Code to | 2048 |
|
any person
requesting to take such test pursuant to division | 2049 |
(B)(6)(8)(b)
of
section 3301.0711 of the Revised Code shall award | 2050 |
|
a
diploma to
such person if the person attains at least the | 2051 |
|
applicable
scores
designated under division (B) of section | 2052 |
|
3301.0710 of the Revised
Code on all the tests administered and if | 2053 |
|
the person has
previously
attained the applicable scores on all | 2054 |
|
the other tests
required by
division (B) of that section or has | 2055 |
|
been exempted or
excused from attaining the applicable score on | 2056 |
|
any such test pursuant to division
(H)
or (L) of this
section
or | 2057 |
| from taking any such test pursuant to section
3313.532 of the | 2058 |
|
Revised
Code. | 2059 |
| (E) A person who is a resident of Ohio and is eligible
under | 2066 |
|
state board of education minimum standards to receive a
high | 2067 |
|
school diploma based in whole or in part on credits earned
while | 2068 |
|
an inmate of a correctional institution operated by the
state or | 2069 |
|
any political subdivision thereof, shall be granted such
diploma | 2070 |
|
by the correctional institution operating the programs in
which | 2071 |
|
such credits were earned, and by the board of education of
the | 2072 |
|
school district in which the inmate resided immediately prior
to | 2073 |
|
the inmate's placement in the institution. The diploma
granted by | 2074 |
|
the
correctional institution shall be signed by the director of | 2075 |
|
the
institution, and by the person serving as principal of the | 2076 |
|
institution's high school and shall bear the date of issue. | 2077 |
| (F) Persons who are not residents of Ohio but who are
inmates | 2078 |
| of correctional institutions operated by the state or any | 2079 |
|
political subdivision thereof, and who are eligible under state | 2080 |
|
board of education minimum standards to receive a high school | 2081 |
|
diploma based in whole or in part on credits earned while an | 2082 |
|
inmate of the correctional institution, shall be granted a
diploma | 2083 |
|
by the correctional institution offering the program in
which the | 2084 |
|
credits were earned. The diploma granted by the
correctional | 2085 |
|
institution shall be signed by the director of the
institution and | 2086 |
|
by the person serving as principal of the
institution's high | 2087 |
|
school and shall bear the date of issue. | 2088 |
| (J) Upon receipt of a notice under division (D) of
section | 2110 |
|
3325.08 of the Revised Code
that a student has received a diploma | 2111 |
|
under that section, the board of
education receiving the notice | 2112 |
|
may grant a high school diploma under this
section to the student, | 2113 |
|
except that such board shall grant the student a
diploma if the | 2114 |
|
student meets the graduation requirements that the student
would | 2115 |
|
otherwise have had to meet to receive a diploma from the district. | 2116 |
|
The
diploma granted under this section shall be of
the same type | 2117 |
|
the notice indicates the student received under section 3325.08
of | 2118 |
|
the Revised Code. | 2119 |
| (L) Any student described by division (A)(1) of this section | 2130 |
|
may be awarded a diploma without attaining the applicable scores | 2131 |
|
designated on the tests prescribed under division (B) of section | 2132 |
|
3301.0710 of the Revised Code provided an individualized education | 2133 |
|
program specifically exempts the student from attaining such | 2134 |
|
scores. This division does not negate the requirement for such a | 2135 |
|
student to take all such tests or alternate assessments required | 2136 |
|
by division (C)(1) of section 3301.0711 of the Revised Code for | 2137 |
|
the purpose of assessing student progress as required by federal | 2138 |
|
law. | 2139 |
| (D) If a district board awards an adult education diploma | 2187 |
|
under this section, the president and treasurer of the board and | 2188 |
|
the superintendent of schools shall sign it. Each diploma shall | 2189 |
|
bear the date of its issuance, be in such form as the district | 2190 |
|
board prescribes, and be paid for from the district's general | 2191 |
|
fund, except that the state board may by rule prescribe standard | 2192 |
|
language to be included on each diploma. | 2193 |
| Sec. 3313.612.
(A) No
nonpublic school chartered by the | 2204 |
|
state board of education shall
grant any high school diploma to | 2205 |
|
any person unless the person has
attained, subject to section | 2206 |
|
3313.614 of the Revised Code at least
the applicable scores | 2207 |
|
designated under division
(B) of section
3301.0710 of the Revised | 2208 |
|
Code on all the tests
required by that
division, or has satisfied | 2209 |
|
the alternative
conditions prescribed in section 3313.615 of the | 2210 |
|
Revised Code. | 2211 |
| (B) The board of education of each city, local, and
exempted | 2247 |
| village school district shall adopt an open enrollment
policy | 2248 |
| allowing students entitled to attend school in the
district | 2249 |
pursuant to section 3313.64 or 3313.65 of the Revised
Code, | 2250 |
effective with the school year that begins July 1, 1993, to
enroll | 2251 |
| in an alternative school. Each policy shall provide for
the | 2252 |
| following: | 2253 |
| (1) Application procedures, including deadlines for | 2254 |
|
application and for notification of students and principals of | 2255 |
|
alternative schools whenever a student's application is accepted. | 2256 |
The policy shall require a student to apply only if hethe
student | 2257 |
| wishes to attend an alternative school. The policy shall grant | 2258 |
| preference over all other applicants to students who apply to | 2259 |
| enroll in an alternative school pursuant to division (E) of | 2260 |
| section 3302.04 of the Revised Code. In the event that there are | 2261 |
| insufficient openings available for all students who apply to | 2262 |
| enroll in an alternative school pursuant to division (E) of | 2263 |
| section 3302.04 of the Revised Code, then preference among such | 2264 |
| students shall be granted to the lowest achieving students among | 2265 |
| the subgroup described in division (E)(3) of section 3302.01 of | 2266 |
| the Revised Code. | 2267 |
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and | 2297 |
| except as provided in division (D)(2) of this section, a
district | 2298 |
| board is not required to provide transportation to a | 2299 |
|
nonhandicapped student enrolled in an alternative school unless | 2300 |
|
such student can be picked up and dropped off at a regular school | 2301 |
|
bus stop designated in accordance with the board's transportation | 2302 |
|
policy or unless the board is required to provide additional | 2303 |
|
transportation to the student in accordance with a court-approved | 2304 |
|
desegregation plan. | 2305 |
| (2) A district board shall provide transportation to any | 2306 |
| student enrolled in an alternative school pursuant to division (E) | 2307 |
| of section 3302.04 of the Revised Code to the extent required by | 2308 |
| that division, except that no district board shall be required to | 2309 |
| provide transportation to any student enrolled in an alternative | 2310 |
| school pursuant to division (E) of section 3302.04 of the Revised | 2311 |
| Code after the date the school in which the student was enrolled | 2312 |
| immediately prior to enrolling in the alternative school ceases to | 2313 |
| be subject to that division. | 2314 |
| (B) Except under the conditions specified in division (C) of | 2352 |
| this section, the board of education of any city, exempted | 2353 |
| village, or local school district shall provide any student who | 2354 |
| attends a persistently dangerous school or who is the victim of an | 2355 |
| offense of violence while within the school zone of the school | 2356 |
| that the student attends the opportunity to enroll in another | 2357 |
| school operated by the district that is not a persistently | 2358 |
| dangerous school. For purposes of this division, a student is a | 2359 |
| victim of an offense of violence if the alleged perpetrator of | 2360 |
| such offense has plead guilty to or been convicted of committing | 2361 |
| such offense against the student or has been adjudicated a | 2362 |
| delinquent child for committing against the student an act that | 2363 |
| would be such an offense if committed by an adult. | 2364 |
| (C) In the event there is no school operated by the district | 2371 |
| that is not a persistently dangerous school and that offers | 2372 |
| instruction in the grade level of a student eligible to transfer | 2373 |
| pursuant to division (B) of this section, the district may enter | 2374 |
| into an agreement with another city, exempted village, or local | 2375 |
| school district allowing the student to enroll in a school | 2376 |
| operated by that district that is not a persistently dangerous | 2377 |
| school. Prior to such enrollment, the superintendent of each | 2378 |
| district shall enter into a written agreement consenting to the | 2379 |
| attendance of the student in the district and specifying that the | 2380 |
| reason for the attendance is to satisfy the requirements of this | 2381 |
| section. | 2382 |
| Upon the request of a parent or guardian, and provided that | 2383 |
| the district offers transportation to students entitled to attend | 2384 |
| school in the district pursuant to section 3313.64 or 3313.65 of | 2385 |
| the Revised Code who are of the same grade level and distance from | 2386 |
| school under section 3327.01 of the Revised Code, any school | 2387 |
| district that agrees to allow a student to enroll in one of its | 2388 |
| schools under this division shall be required to pick up and drop | 2389 |
| off a nonhandicapped student only at a regular school bus stop | 2390 |
| designated in accordance with the board's transportation policy. | 2391 |
Sec. 3314.012. (A) Within ninety days
of the effective date | 2392 |
of this sectionSeptember28, 1999, the superintendent of
public | 2393 |
| instruction shall appoint representatives of the department
of | 2394 |
| education, including employees who work with the education | 2395 |
|
management information system and employees of the office of | 2396 |
school optionscommunity schools established by section 3314.11 of | 2397 |
| the Revised Code,
to a committee to develop report card models for | 2398 |
| community schools. The
director of the legislative office of | 2399 |
| education oversight
shall also appoint representatives to the | 2400 |
| committee. The
committee shall design model report cards | 2401 |
| appropriate for the
various types of community schools approved to | 2402 |
| operate in the
state. Sufficient models shall be developed to | 2403 |
| reflect the
variety of grade levels served and the missions of the | 2404 |
| state's
community schools. All models shall include both financial | 2405 |
| and
academic data. The initial models shall be developed by March | 2406 |
| 31,
2000. | 2407 |
| (b) A requirement that the governing authority adopt an | 2451 |
|
attendance policy that includes a procedure for automatically | 2452 |
|
withdrawing a student from the school if the student without a | 2453 |
|
legitimate excuse fails to participate in one hundred five | 2454 |
|
cumulative hours of the learning opportunities offered to the | 2455 |
|
student. Such a policy shall provide for withdrawing the student | 2456 |
|
by the end of the thirtieth day after the student has failed to | 2457 |
|
participate as required under this division. | 2458 |
| (d) The school will comply with
sections 9.90, 9.91, 109.65, | 2486 |
|
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, | 2487 |
|
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643, | 2488 |
|
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671, | 2489 |
|
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96, | 2490 |
|
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17, | 2491 |
|
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and | 2492 |
|
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., | 2493 |
| 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school | 2494 |
|
district
and will comply with section
3301.0714 of the
Revised | 2495 |
|
Code in the manner specified in section
3314.17 of the
Revised | 2496 |
|
Code; | 2497 |
| (e) The school shall comply with Chapter 102. of the Revised | 2498 |
|
Code except that
nothing in that chapter shall prohibit a
member | 2499 |
|
of the school's governing board from also being an employee
of the | 2500 |
|
school and nothing in that chapter or section 2921.42 of
the | 2501 |
|
Revised Code shall prohibit a member of the
school's governing | 2502 |
|
board from having an interest in a
contract into which the | 2503 |
|
governing board enters
that is not a contract with a for-profit | 2504 |
|
firm for the operation or
management of a school under the | 2505 |
|
auspices of the governing
authority; | 2506 |
| (f) The school will comply with sections 3313.61,
3313.611, | 2507 |
|
and 3313.614 of the Revised Code, except that the
requirement in
| 2508 |
|
sections
3313.61 and 3313.611 of the Revised
Code that a person | 2509 |
|
must successfully
complete the curriculum
in
any high school prior | 2510 |
|
to receiving a
high school diploma may be
met by completing the | 2511 |
|
curriculum adopted by the
governing
authority of the community | 2512 |
|
school
rather than the curriculum
specified in Title XXXIII of the | 2513 |
|
Revised Code or any rules of the
state board of education; | 2514 |
| (g) The school governing authority will submit
within four | 2515 |
| months after the end of each school year a
report
of
its | 2516 |
| activities and progress in meeting the goals and
standards of | 2517 |
|
divisions
(A)(3) and (4) of this section and its
financial status | 2518 |
|
to the
sponsor, the parents of all students
enrolled in the | 2519 |
|
school, and the legislative office of education
oversight. The | 2520 |
|
school will
collect and provide
any data that the
legislative | 2521 |
|
office of education oversight requests in
furtherance
of any study | 2522 |
|
or research that the general assembly requires the
office to | 2523 |
|
conduct, including the studies required under Section
50.39
of Am. | 2524 |
|
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of | 2525 |
|
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. | 2526 |
| (15) A financial plan detailing an estimated school budget | 2535 |
|
for each year
of the period of the contract and specifying the | 2536 |
|
total estimated per pupil
expenditure amount for each such year. | 2537 |
|
The plan shall specify for
each year the base formula amount
that | 2538 |
|
will be used for purposes of funding calculations under section | 2539 |
|
3314.08
of the Revised Code. This base formula amount for any
year | 2540 |
| shall not exceed
the formula amount defined under section
3317.02 | 2541 |
|
of the Revised Code. The plan may also
specify for any
year a | 2542 |
| percentage figure to be used for reducing the per pupil
amount of | 2543 |
| disadvantaged pupil impact aid calculated pursuant to
section | 2544 |
| 3317.029 of the Revised Code the school is to
receive that
year | 2545 |
| under section 3314.08 of the Revised Code. | 2546 |
| (17) Whether the school is to be created by
converting all
or | 2550 |
| part of an existing public school or is to be a new start-up | 2551 |
|
school, and if it is a converted public school, specification of | 2552 |
|
any duties or
responsibilities of an employer that the board of | 2553 |
|
education that operated the
school before conversion is delegating | 2554 |
|
to the governing board of the community
school with respect to all | 2555 |
|
or any specified group of employees provided the
delegation is not | 2556 |
|
prohibited by a collective bargaining agreement applicable
to such | 2557 |
|
employees; | 2558 |
| (C) A contract entered into under section 3314.02 of the | 2618 |
|
Revised
Code between a sponsor and the governing
authority of a | 2619 |
|
community school may provide for the community school governing | 2620 |
|
authority to make payments to the sponsor, which is hereby | 2621 |
|
authorized to
receive such payments as set forth in the contract | 2622 |
|
between the governing
authority and the sponsor.
The total amount | 2623 |
|
of such payments for oversight and monitoring of the school shall | 2624 |
|
not exceed three per cent of the total
amount of payments for | 2625 |
|
operating expenses that the school receives
from the state. | 2626 |
|
(5) Take steps to intervene in the school's operation to | 2644 |
|
correct problems in the school's overall
performance, declare the | 2645 |
|
school to be on probationary status
pursuant to section 3314.073 | 2646 |
|
of the Revised Code, suspend the
operation of the school pursuant | 2647 |
|
to section 3314.072 of the
Revised Code, or terminate the contract | 2648 |
|
of the school pursuant to
section 3314.07 of the Revised Code as | 2649 |
|
determined necessary by the
sponsor; | 2650 |
|
(E) Upon the expiration of a
contract entered into under
this | 2654 |
| section, the sponsor of a
community school may, with the
approval | 2655 |
| of the governing authority
of the school, renew that
contract for | 2656 |
|
a period of time determined by the sponsor, but not
ending earlier | 2657 |
|
than the end of any school year, if the sponsor
finds that the | 2658 |
|
school's compliance with applicable laws and terms
of the contract | 2659 |
|
and the school's progress in meeting the academic
goals prescribed | 2660 |
|
in the contract have been satisfactory. Any
contract that is | 2661 |
| renewed
under this division remains subject to
the provisions of | 2662 |
| sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. | 2663 |
| Sec. 3317.012. (A)(1) The general assembly,
having analyzed | 2664 |
|
school district expenditure and cost data for fiscal year
1999, | 2665 |
|
performed the calculation described in division
(B) of this | 2666 |
|
section,
adjusted the results for inflation,
and added the
amounts | 2667 |
| described in division (A)(2) of this section, hereby
determines | 2668 |
| that the
base cost of an adequate education per pupil
for the | 2669 |
| fiscal year beginning
July 1,
2001, is
$4,814.
For
the
five | 2670 |
| following fiscal years,
the base cost per pupil for
each of
those | 2671 |
| years, reflecting an annual rate of inflation of two
and | 2672 |
|
eight-tenths
per cent, is
$4,949 for fiscal year
2003,
$5,088
for | 2673 |
| fiscal year
2004,
$5,230
for
fiscal year
2005,
$5,376 for
fiscal | 2674 |
| year
2006,
and
$5,527 for fiscal year
2007. | 2675 |
| (2) The base cost per pupil amounts specified in division | 2676 |
|
(A)(1) of this section include amounts to reflect the cost to | 2677 |
|
school districts of increasing the minimum number of high school | 2678 |
|
academic units required for graduation beginning September 15, | 2679 |
|
2001, under section 3313.603 of the Revised Code. Analysis of | 2680 |
|
fiscal year 1999 data revealed that the school districts meeting | 2681 |
|
the requirements of division (B) of this section on average | 2682 |
|
required high school students to complete a minimum of nineteen | 2683 |
|
and eight-tenths units to graduate. The general assembly | 2684 |
|
determines that the cost of funding the additional two-tenths unit | 2685 |
|
required by section 3313.603 of the Revised Code is $12
per pupil | 2686 |
|
in fiscal year 2002. This amount was added after the
calculation | 2687 |
|
described in division (B) of this section and the
adjustment for | 2688 |
|
inflation from fiscal year 1999 to fiscal year
2002. It is this | 2689 |
|
total amount, the calculated base cost plus the
supplement to pay | 2690 |
|
for the additional partial unit, that
constitutes the base cost | 2691 |
|
amount specified in division (A)(1) of
this section for fiscal | 2692 |
|
year 2002 and that is inflated to produce
the base cost amounts | 2693 |
|
for fiscal years 2003 through 2007. | 2694 |
| (B) In
determining the base cost stated in division (A) of | 2695 |
|
this section,
capital and debt costs,
costs paid for by federal | 2696 |
|
funds, and costs covered by funds
provided
for disadvantaged
pupil | 2697 |
| impact aid
and
transportation were excluded, as were the
effects | 2698 |
| on the
districts' state
funds of the application of the | 2699 |
|
cost-of-doing-business factors, assuming
a seven and
one-half per | 2700 |
|
cent
variance. | 2701 |
| In determining whether a school district met any of the | 2804 |
|
performance standards specified in divisions (B)(1)(a) to (aa) of | 2805 |
|
this section, the general assembly used a rounding procedure | 2806 |
|
previously recommended by the department of education. It is the | 2807 |
|
same rounding procedure the general assembly used in 1998 to | 2808 |
|
determine whether a district had met the standards of former | 2809 |
|
divisions (B)(1)(a) to (r) of this section, as it existed prior to | 2810 |
| July 1, 2001, for purposes of
constructing the previous model | 2811 |
| based on fiscal year 1996 data. | 2812 |
| This model for calculating the base cost of an adequate | 2819 |
|
education is expenditure-based. The general assembly recognizes | 2820 |
|
that increases in state funding to school districts since fiscal | 2821 |
|
year 1996, the fiscal year upon which the general assembly based | 2822 |
|
its model for calculating state funding to school districts for | 2823 |
|
fiscal years 1999 through 2001, has increased school district base | 2824 |
|
cost expenditures for fiscal year 1999, the fiscal year upon which | 2825 |
|
the general assembly based its model for calculating state funding | 2826 |
|
for fiscal years 2002 through 2007. In the case of school | 2827 |
|
districts included in the fiscal year 1999 model that also had met | 2828 |
|
the
fiscal year 1996 performance criteria of former division | 2829 |
|
(B)(1) of
this section, as it existed prior to July 1, 2001, the | 2830 |
| increased state funding may
have
driven the
districts' | 2831 |
| expenditures beyond the expenditures
that
were actually
needed to | 2832 |
| maintain their educational programs
at the
level
necessary to | 2833 |
| maintain their ability to meet the fiscal year
1999 performance | 2834 |
| criteria of current division (B)(1) of this
section. The
general | 2835 |
| assembly has determined to control for
this
effect by
stipulating | 2836 |
| in the later model that the fiscal year
1999
base cost | 2837 |
|
expenditures of the districts that also met the
performance | 2838 |
| criteria of former division (B)(1) of this section, as it existed | 2839 |
| prior to July 1, 2001,
equals
their base cost expenditures per | 2840 |
| pupil for
fiscal year
1996,
inflated to fiscal year 1999 using an | 2841 |
| annual
rate of
inflation of
two and eight-tenths per cent. | 2842 |
| However, if this
inflated amount exceeded the district's actual | 2843 |
| fiscal year 1999
base cost expenditures per pupil, the district's | 2844 |
| actual fiscal
year 1999 base cost expenditures per pupil were used | 2845 |
| in the
calculation. For districts
in the 1999 model
that did not | 2846 |
| also
meet the performance criteria of former division (B)(1) of | 2847 |
| this
section, as it existed prior to July 1, 2001,
the actual 1999 | 2848 |
|
base cost per pupil expenditures were
used in the
calculation of | 2849 |
|
the average district per pupil costs of
the model
districts. | 2850 |
| (C) In July of
2005, and in July of every six
years | 2851 |
|
thereafter, the speaker of the house of representatives and the | 2852 |
|
president of the senate shall each appoint three members to a | 2853 |
|
committee to reexamine the cost of an adequate education. No
more | 2854 |
|
than two members from any political party shall represent
each | 2855 |
|
house. The director of budget and management and the | 2856 |
|
superintendent of public instruction shall serve as nonvoting ex | 2857 |
|
officio members of the committee. | 2858 |
| The committee shall select a rational methodology for | 2859 |
|
calculating the costs of an adequate education system for the | 2860 |
|
ensuing six-year period, and shall report the methodology and
the | 2861 |
|
resulting costs to the general assembly. In
performing its | 2862 |
|
function, the committee is not bound by any
method used by | 2863 |
|
previous general assemblies to examine and
calculate costs and | 2864 |
|
instead may utilize any rational method it
deems suitable and | 2865 |
|
reasonable given the educational needs and
requirements of the | 2866 |
|
state at that time. | 2867 |
| (2) The general assembly shall recalculate the per pupil
base | 2891 |
| cost of an adequate education every six years after
considering | 2892 |
| the recommendations of the committee appointed under
division (C) | 2893 |
| of this section. At the time of the recalculation,
for each of the | 2894 |
| five fiscal years following the update year, the
general assembly | 2895 |
| shall adjust the base cost recalculated for the
update year using | 2896 |
| an annual rate of inflation that the general
assembly determines | 2897 |
| appropriate. | 2898 |
| (4) During its biennial budget deliberations, the general | 2904 |
|
assembly shall determine the total state share percentage of base | 2905 |
|
cost and parity aid funding for each fiscal year of the upcoming | 2906 |
|
biennium. This determination shall be based on the latest | 2907 |
|
projections and data provided by the department of education under | 2908 |
|
division (D)(6) of this section prior to the enactment of | 2909 |
|
education appropriations for the upcoming biennium. If, based on | 2910 |
|
those latest projections and data, the general assembly determines | 2911 |
|
that the total state share percentage for either or both nonupdate | 2912 |
|
fiscal years varies more than two and one-half percentage points | 2913 |
|
more or less than the total state share percentage for the most | 2914 |
|
recent update year, as previously stated by the general assembly | 2915 |
|
under division (D)(3) of this section, the general assembly shall | 2916 |
|
determine and enact a method that it considers appropriate to | 2917 |
|
restrict the estimated variance for each year to within two and | 2918 |
|
one-half percentage points. The general assembly's methods may | 2919 |
|
include, but are not required to include and need not be limited | 2920 |
|
to, reexamining the rate of millage charged off as the local share | 2921 |
|
of base cost funding under divisions (A)(1) and (2) of section | 2922 |
|
3317.022 of the Revised Code. Regardless of any changes in | 2923 |
|
charge-off millage rates in years between update years, however, | 2924 |
|
the charge-off millage rate for update years shall be twenty-three | 2925 |
|
mills, unless the general assembly determines that a different | 2926 |
|
millage rate is more appropriate to share the total calculated | 2927 |
|
base cost between the state and school districts. | 2928 |
| (e) The charge-off amount for each school district is the | 2946 |
|
amount calculated as its local share of base cost funding and | 2947 |
|
deducted from the total calculated base cost to determine the | 2948 |
|
amount of its state payment under divisions (A)(1) and (2) of | 2949 |
|
section 3317.022 of the Revised Code. The charge-off amount for | 2950 |
|
each school district in fiscal year 2002 is the product of | 2951 |
|
twenty-three mills multiplied by the district's recognized | 2952 |
|
valuation as adjusted, if applicable, under division (A)(2) of | 2953 |
|
section 3317.022 of the Revised Code. If however, in any fiscal | 2954 |
|
year, including fiscal year
2002, a school district's calculated | 2955 |
|
charge-off amount exceeds its
base cost calculated as described in | 2956 |
|
division (D)(5)(b) of this
section, the district's charge-off | 2957 |
|
amount shall be deemed to equal
its calculated base cost. | 2958 |
| (6) Whenever requested by the chairperson of the standing | 2959 |
committee of the house
orof representatives or the senate having | 2960 |
|
primary jurisdiction over appropriations, the legislative budget | 2961 |
|
officer, or the director of budget and management, the department | 2962 |
|
of education shall report its latest projections for total base | 2963 |
|
cost, total parity aid funding, and the statewide charge-off | 2964 |
|
amount, as those terms are defined in division (D)(5) of this | 2965 |
|
section, for each year of the upcoming fiscal biennium, and all | 2966 |
|
data it used to make the projections. | 2967 |
| Section 2. That existing sections 3301.079, 3301.0710, | 2968 |
| 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.91, 3302.01, | 2969 |
| 3302.03, 3302.04, 3313.532, 3313.6012, 3313.61, 3313.611, | 2970 |
| 3313.612, 3313.97, 3314.012, 3314.03, and 3317.012 and sections | 2971 |
| Sec. 3301.0713. , Sec. 3302.02, and 3365.15. of the Revised Code are hereby | 2972 |
| repealed. | 2973 |
| (1) For each test prescribed by former division (A)(1) or (B) | 2979 |
| of section 3301.0710 of the Revised Code, as it existed prior to | 2980 |
| the effective date of this act, or former division (B) of section | 2981 |
| 3301.0710 of the Revised Code, as it existed prior to September | 2982 |
| 11, 2001, that is administered to students at the appropriate | 2983 |
| grade level, at least seventy-five per cent of those students Ohio | 2984 |
| proficient on the test; | 2985 |
| (C) In each school year prior to July 1, 2005, the | 2996 |
| performance index score, as defined in section 3302.01 of the | 2997 |
| Revised Code, as amended by this act, calculated for school | 2998 |
| districts and school buildings shall include data from any | 2999 |
| proficiency tests required to be administered under section | 3000 |
| 3301.0712 in the applicable year. | 3001 |
| Sec. 3313.608.
(A) Beginning with students who enter
third | 3011 |
|
grade in
the
school year that starts July 1,
2003,
for any
student | 3012 |
| who
attains a score in the range designated under division | 3013 |
|
(A)(2)(d) of
section
3301.0710 of the Revised Code on
the test | 3014 |
|
prescribed under that section to measure skill in
reading expected | 3015 |
|
at the end of third grade, each school district,
in accordance | 3016 |
|
with the policy adopted under section 3313.609 of
the Revised | 3017 |
|
Code, shall do one of the following: | 3018 |
| (B)(1) To assist students in meeting this
third
grade | 3029 |
|
guarantee
established by this section, each school
district
shall | 3030 |
|
adopt policies and procedures with which it shall annually
assess | 3031 |
|
the reading skills of each student at the end of first
and second | 3032 |
|
grade and identify
students who are reading
below
their grade | 3033 |
|
level.
If the
diagnostic assessment to measure
reading ability for | 3034 |
|
the
appropriate grade level has been developed
in accordance with | 3035 |
division (D)(1) of section 3301.079 of the
Revised Code, eacha | 3036 |
school district shallmay use such diagnostic
assessment to | 3037 |
identify
such students, except that any district
declared | 3038 |
excellent under
division (B)(1) of section 3302.03 of the
Revised | 3039 |
Code may use
another assessment to identify such students.
The
| 3040 |
|
policies and
procedures
shall require the
students'
classroom | 3041 |
| teachers to be
involved in
the assessment and the
identification | 3042 |
| of students
reading below
grade level.
The
district shall notify | 3043 |
| the parent
or guardian of
each student
whose
reading skills are | 3044 |
| below grade
level and, in
accordance
with
division
(C) of this | 3045 |
| section,
provide
intervention services to
each
student reading | 3046 |
| below grade
level. Such intervention
services shall include | 3047 |
| instruction in
intensive, systematic
phonetics pursuant to rules | 3048 |
| adopted by the
state board of
education. | 3049 |
| (2) For each student entering
third grade after July
1,
2003, | 3050 |
|
who does not attain by the end of the
third
grade at least
a score | 3051 |
|
in the range designated under division
(A)(2)(b) of
section | 3052 |
|
3301.0710 of the Revised Code on the
test prescribed under
that | 3053 |
| section to measure skill in reading
expected at the end of
third | 3054 |
| grade, the district
also shall offer
intense remediation
services, | 3055 |
| and another
opportunity to take that
test, during the
summer | 3056 |
| following
third grade. | 3057 |
(E) In addition to the dates designated under division (C)(1) | 3076 |
of section 3301.0710 of the Revised Code for the administration of | 3077 |
the test prescribed under that section to measure skill in reading | 3078 |
expected at the end of third grade, the state board of education | 3079 |
shall annually designate dates on which such test shall be | 3080 |
administered to students in the fourth and fifth grades who have | 3081 |
not attained at least a score in the range designated under | 3082 |
division (A)(2)(b) of section 3301.0710 of the Revised Code as | 3083 |
follows: | 3084 |
| Section 7. Within thirty days after the effective date of | 3111 |
| this act, the Governor, the President of the Senate, and the | 3112 |
| Speaker of the House of Representatives shall appoint members to | 3113 |
| the Ohio Accountability Committee pursuant to section 3302.021 of | 3114 |
| the Revised Code, as enacted by this act. Within sixty days after | 3115 |
| the effective date of this act, the Ohio Accountability Committee | 3116 |
| shall convene for its initial meeting. | 3117 |
| Section 8. Notwithstanding section 3301.0712 of the Revised | 3118 |
| Code, as amended by this act, and Section 9 of Am. Sub. S.B. 1 of | 3119 |
| the 124th General Assembly, in the school year beginning July 1, | 3120 |
| 2003, the Department of Education and each school district shall | 3121 |
| administer the test to measure skill in reading required under | 3122 |
| former division (A)(1) of section 3301.0710 of the Revised Code, | 3123 |
| as it existed prior to September 11, 2001, to all students | 3124 |
| enrolled in the fourth grade one time during the school year in | 3125 |
| March. | 3126 |
| Section 9. Not later than thirty days after the effective | 3127 |
| date of this section, the Superintendent of Public Instruction | 3128 |
| shall submit to the General Assembly a detailed financial analysis | 3129 |
| of the projected costs for the state and for each school district | 3130 |
| of compliance with the "No Child Left Behind Act of 2001," Pub. L. | 3131 |
| 107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds | 3132 |
| the state can reasonably expect to receive per year under that | 3133 |
| act; and the financial consequences to the state and each school | 3134 |
| district for noncompliance with that act. | 3135 |
| Section 11. Section 3314.03 of the Revised Code is presented | 3140 |
| in
this act as a composite of the section as amended by both Sub. | 3141 |
| H.B. 248 and Sub. H.B. 364 of
the 124th General Assembly. Section | 3142 |
| 3317.012 of the Revised Code is presented in
this act as a | 3143 |
| composite of the section as amended by both Am. Sub. H.B. 94 and | 3144 |
| Am. Sub. S.B. 1 of
the 124th General Assembly. The General | 3145 |
| Assembly, applying the
principle stated in division (B) of section | 3146 |
| 1.52 of the Revised
Code that amendments are to be harmonized if | 3147 |
| reasonably capable of
simultaneous operation, finds that the | 3148 |
| composites are the resulting
versions of the sections in effect | 3149 |
| prior to the effective date of
the sections as presented in this | 3150 |
| act. | 3151 |
| Section 12. This act is hereby declared to be an emergency | 3152 |
| measure necessary for the immediate preservation of the public | 3153 |
| peace, health, and safety. The reason for such necessity is that | 3154 |
| Ohio needs to comply with the federal requirements contained in | 3155 |
| the "No Child Left Behind Act of 2001" and public schools need to | 3156 |
| know the accountability standards to which they will be held in | 3157 |
| future school years. Therefore, this act shall go into immediate | 3158 |
| effect. | 3159 |