As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Am. H. B. No. 493

Representatives Hoops, Husted, J. Stewart, Aslanides, C. Evans, T. Patton, Willamowski, Latta, Seitz, Raga, Schaffer, Flowers, Setzer, G. Smith, Kearns, McGregor, Hughes, Schmidt, Ujvagi, D. Evans, Combs, Faber, Widener, Taylor, Schlichter, Slaby, Widowfield, Wolpert, Carmichael, Collier, Hartnett, Skindell, Carano, S. Patton, Miller, Seaver, Perry, Cirelli, Chandler, Otterman, Beatty, Brown, D. Stewart, Key, Mason, Allen, Barrett, Calvert, Clancy, Daniels, DeBose, DeGeeter, Domenick, Gibbs, Gilb, Harwood, Martin, Niehaus, Olman, Price, Reidelbach, S. Smith, Strahorn, Walcher, Wilson 

Senators Coughlin, Robert Gardner, Randy Gardner 

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A BILL

To amend sections 3119.89, 3119.90, 3119.94, 3121.38,

1

3301.0711, 3302.01, 3302.03, 3302.04, 3313.614,

2

3317.012, and 3319.55, to enact sections 5.2229,

3

3121.373, 3121.382, 3302.09, and 3319.63 of the

4

Revised Code, and to repeal Section 7 of Am. Sub.

5

S.B. 1 of the 124th General Assembly to designate

6

the fourth week of September as "Parent's Week,"

7

to increase the penalties against and permit

8

electronic transfers from the bank account of an

9

employer who willfully fails to withhold the

10

amount required under a support order, to make

11

changes to the laws governing the impoundment of

12

child support, to change the criteria for imposing

13

sanctions on school districts under the No Child

14

Left Behind Act, to make other changes to comply

15

with that Act, to make teachers employed by

16

chartered nonpublic schools eligible for stipends

17

for holding valid certificates or licenses issued

18

by the National Board for Professional Teaching

19

Standards, to require the Department of Education

20

to pay those stipends to qualified nonpublic

21

school teachers for the 2003-2004 school year, to

22

allow specified students to substitute passage of

23

the Ohio Graduation Test in a particular subject

24

for passage of the ninth grade proficiency test in

25

that subject to satisfy diploma requirements, and

26

to require school districts to grant professional

27

leave to their employees who are members of the

28

Educator Standards Board.

29

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

Section 1. That sections 3119.89, 3119.90, 3119.94, 3121.38,	30
3301.0711, 3302.01, 3302.03, 3302.04, 3313.614, 3317.012, and	31
3319.55 be amended and sections 5.2229, 3121.373, 3121.382,	32
3302.09, and 3319.63 of the Revised Code be enacted to read as	33
follows:	34

Sec. 5.2229. The fourth week of September is designated as	35
"Parent's Week" to commend and encourage the work of parents in	36
supporting and caring for their children.	37

Sec. 3119.89.  (A) Upon receipt of a notice pursuant to	38
section 3119.87 of the Revised Code, the child support enforcement	39
agency administering a child support order, within twenty days	40
after receipt of the notice, shall complete an investigation. The	41
agency administering a child support order may conduct an	42
investigation upon its own initiative if it otherwise has reason	43
to believe that there may be a reason for which the order should	44
terminate. The agency's investigation shall determine the	45
following:	46

(1) Whether any reason exists for which the order should	47
terminate;	48

(2) Whether there are other children subject to the order;

49

(3) Whether the obligor owes any arrearages under the order;

50

(4) Whether the agency believes it is necessary to continue	51
withholding or deduction pursuant to a notice or order described	52
in section 3121.03 of the Revised Code for the other children or	53
arrearages;	54

(5) Whether child support amounts paid pursuant to the order	55
being investigated should be impounded because continuation of	56
receipt and disbursement would lead to an overpayment by the	57
obligor.	58

(B) If the agency, pursuant to the investigation under	59
division (A) of this section, determines that other children are	60
subject to the child support order and that it is necessary to	61
continue withholding or deduction for the other children, the	62
agency shall divide the child support due annually and per month	63
under the order by the number of children who are the subject of	64
the order and subtract the amount due for the child for whom the	65
order should be terminated from the total child support amount due	66
annually and per month. The resulting annual and per month child	67
support amount shall be included in the results of the agency's	68
investigation as the recommended child support amount due annually	69
and monthly under a revised child support order. If arrearage	70
amounts are owed, those amounts may be included as part of the	71
recommended child support amount. The investigation under division	72
(A) of this section shall not include a review pursuant to	73
sections 3119.60 to 3119.76 of the Revised Code of any other	74
children subject to the child support order.	75

Sec. 3119.90.  (A) If, pursuant to an investigation conducted	76
under section 3119.89 of the Revised Code, the child support	77
enforcement agency determines both that a child support order	78
should terminate and that child support amounts paid pursuant to	79
the order should be impounded because continuation of receipt and	80
disbursement would lead to an overpayment by the obligor, the	81
agency shall do the following:	82

(1) With respect to a court child support order, if the child	83
support enforcement agency determines the order should terminate,	84
it immediately shall notify the court that issued the order of the	85
results of its investigation and shall submit to the court an	86
order impounding any funds received for the child pursuant to the	87
court child support order that was under investigation.;	88

(B)(2) With respect to an administrative child support order,	89
if the agency determines as a result of an investigation that the	90
order should terminate, it shall issue an administrative order	91
impounding any funds received for the child pursuant to the	92
administrative child support order that was under investigation.	93

(C)(B) A child support enforcement agency that conducts an	94
investigation of a child support order shall give the obligor and	95
obligee under the order notice of the results of its investigation	96
and a copy of any court or administrative impound order issued	97
pursuant to division (A) or (B) of this section. The obligor and	98
obligee also shall be given all of the following:	99

(1) Notice of their right to request an administrative	100
hearing regarding any conclusions of the investigation;	101

(2) Notice of the procedures and time deadlines for	102
requesting the hearing;	103

(3)(a) Notice that the conclusions of the investigations will	104
be issued as an administrative order by the agency if the	105
underlying order is an administrative child support order;	106

(b) Notice that the conclusions of the investigations will be	107
submitted to the court for inclusion into a revised or terminated	108
court child support order with no further court hearing if the	109
underlying order is a court child support order.	110

(4) Notice that no revised administrative or court child	111
support order will be issued if either the obligor or obligee	112
requests an administrative hearing on the investigation	113
conclusions within thirty days after receipt of the notice under	114
this division.	115

Sec. 3119.94. (A) The director of job and family services	116
shall adopt rules that provide for all of the following:	117

(A)(1) The payment to the appropriate person of any funds	118
that a court or child support enforcement agency has impounded	119
under section 3119.90 or 3119.92 of the Revised Code;	120

(B)(2) The return to the appropriate person of any other	121
payments made pursuant to a child support order if the payments	122
were made at any time after the child support order has been	123
terminated pursuant to section 3119.90 or 3119.92 of the Revised	124
Code;	125

(C)(3) Any other standards, forms, or procedures needed to	126
ensure uniform implementation of sections 3119.86 to 3119.94 of	127
the Revised Code.	128

(B) With respect to the court order for impoundment required	129
under division (A)(1) of section 3119.90 of the Revised Code, the	130
director of job and family services may adopt rules that specify a	131
form for the order or approve a form developed by the Ohio	132
judicial conference.	133

Sec. 3121.373. (A) As used in this section, "willfully" means	134
voluntarily and intentionally with a specific intent to take an	135
action or fail to take an action.	136

(B) When a child support enforcement agency seeks an order	137
for contempt pursuant to section 3121.371 of the Revised Code	138
against a payor that is an employer, the court may, on motion of	139
the agency or on the court's own motion, hold a hearing to	140
determine whether the payor has done either of the following:	141

(1) Willfully failed to comply with a withholding notice	142
issued pursuant to section 3121.03 of the Revised Code;	143

(2) Failed three times within twelve consecutive months to	144
comply with a withholding notice issued pursuant to section	145
3121.03 of the Revised Code.	146

(C) Not later than fourteen days before holding a hearing	147
under division (B) of this section, the court shall serve notice	148
on the payor that complies with court rules regarding service of	149
summonses. The notice must contain all of the following:	150

(1) The date, time, and location of the hearing;

151

(2) A statement that if the court determines the payor has	152
committed acts or omissions described in division (B) of this	153
section, the court may order either or both of the penalties set	154
forth in section 3121.382 of the Revised Code.	155

Sec. 3121.38.  A payor that fails to withhold an amount from	156
an obligor's income for support in accordance with a withholding	157
requirement included in a withholding notice issued under section	158
3121.03 of the Revised Code or a financial institution that fails	159
to deduct funds from an obligor's account for support in	160
accordance with a deduction requirement included in a deduction	161
notice issued under section 3121.03 of the Revised Code is liable	162
for the amount that was not withheld or deducted, except that a	163
payor that is an employer whose normal pay and disbursement cycles	164
make it impossible to comply with a withholding requirement	165
contained in a withholding notice shall not be liable for the	166
amount not withheld if the employer, as soon as possible after	167
receipt of the withholding notice, provides the court or child	168
support enforcement agency that issued the notice with written	169
notice of the impossibility and the reasons for the impossibility.	170

A payor who is liable under this provision for an amount that	171
was not withheld shall be ordered by the court or agency to pay	172
that amount to the office of child support in the department of	173
job and family services, to be disbursed in accordance with the	174
support order for the benefit of the child or spouse.	175

Sec. 3121.382. (A) As used in this section, "willfully" means	176
voluntarily and intentionally with a specific intent to take an	177
action or fail to take an action.	178

(B) If, after a hearing conducted pursuant to section	179
3121.373 of the Revised Code, the court determines that a payor	180
that is an employer has willfully failed to comply with a	181
withholding notice issued pursuant to section 3121.03 of the	182
Revised Code, or has failed three times within twelve consecutive	183
months to comply with a withholding notice, the court may issue an	184
order requiring one or both of the following:	185

(1) The payment of support by electronic transfer of funds	186
from the bank account of the payor;	187

(2) A civil penalty, in addition to any other penalty	188
permitted by law, of up to fifty per cent of the amount not	189
withheld from the obligor's income or not timely forwarded to the	190
office of child support in accordance with the withholding notice.	191

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

192

(1) Annually furnish to, grade, and score all tests required	193
by section 3301.0710 of the Revised Code to be administered by	194
city, local, exempted village, and joint vocational school	195
districts, except that each district shall score any test	196
administered pursuant to division (B)(10) of this section. In	197
furnishing the practice versions of Ohio graduation tests	198
prescribed by division (F) of section 3301.0710 of the Revised	199
Code, the department shall make the tests available on its web	200
site for reproduction by districts. In awarding contracts for	201
grading tests, the department shall give preference to Ohio-based	202
entities employing Ohio residents.	203

(2) Adopt rules for the ethical use of tests and prescribing	204
the manner in which the tests prescribed by section 3301.0710 of	205
the Revised Code shall be administered to students.	206

(B) Except as provided in divisions (C) and (J) of this	207
section, the board of education of each city, local, and exempted	208
village school district shall, in accordance with rules adopted	209
under division (A) of this section:	210

(1) Administer the reading test prescribed under division	211
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	212
to all students in the third grade who have not attained the score	213
designated for that test under division (A)(2)(c) of section	214
3301.0710 of the Revised Code and once each summer to students	215
receiving summer remediation services under section 3313.608 of	216
the Revised Code.	217

(2) Administer the mathematics test prescribed under division	218
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	219
annually to all students in the third grade.	220

(3) Administer the tests prescribed under division (A)(1)(b)	221
of section 3301.0710 of the Revised Code at least once annually to	222
all students in the fourth grade.	223

(4) Administer the tests prescribed under division (A)(1)(c)	224
of section 3301.0710 of the Revised Code at least once annually to	225
all students in the fifth grade.	226

(5) Administer the tests prescribed under division (A)(1)(d)	227
of section 3301.0710 of the Revised Code at least once annually to	228
all students in the sixth grade.	229

(6) Administer the tests prescribed under division (A)(1)(e)	230
of section 3301.0710 of the Revised Code at least once annually to	231
all students in the seventh grade.	232

(7) Administer the tests prescribed under division (A)(1)(f)	233
of section 3301.0710 of the Revised Code at least once annually to	234
all students in the eighth grade.	235

(8) Except as provided in division (B)(9) of this section,	236
administer any test prescribed under division (B) of section	237
3301.0710 of the Revised Code as follows:	238

(a) At least once annually to all tenth grade students and at	239
least twice annually to all students in eleventh or twelfth grade	240
who have not yet attained the score on that test designated under	241
that division;	242

(b) To any person who has successfully completed the	243
curriculum in any high school or the individualized education	244
program developed for the person by any high school pursuant to	245
section 3323.08 of the Revised Code but has not received a high	246
school diploma and who requests to take such test, at any time	247
such test is administered in the district.	248

(9) In lieu of the board of education of any city, local, or	249
exempted village school district in which the student is also	250
enrolled, the board of a joint vocational school district shall	251
administer any test prescribed under division (B) of section	252
3301.0710 of the Revised Code at least twice annually to any	253
student enrolled in the joint vocational school district who has	254
not yet attained the score on that test designated under that	255
division. A board of a joint vocational school district may also	256
administer such a test to any student described in division	257
(B)(8)(b) of this section.	258

(10) If the district has been declared to be under an	259
academic watch or in a state of academic emergency pursuant to	260
section 3302.03 of the Revised Code or has a three-year average	261
graduation rate of not more than seventy-five per cent, administer	262
each test prescribed by division (F) of section 3301.0710 of the	263
Revised Code in September to all ninth grade students, beginning	264
in the school year that starts July 1, 2005.	265

(C)(1)(a) Any student receiving special education services	266
under Chapter 3323. of the Revised Code may be excused from taking	267
any particular test required to be administered under this section	268
if the individualized education program developed for the student	269
pursuant to section 3323.08 of the Revised Code excuses the	270
student from taking that test and instead specifies an alternate	271
assessment method approved by the department of education as	272
conforming to requirements of federal law for receipt of federal	273
funds for disadvantaged pupils. To the extent possible, the	274
individualized education program shall not excuse the student from	275
taking a test unless no reasonable accommodation can be made to	276
enable the student to take the test.	277

(b) Any alternate assessment approved by the department for a	278
student under this division shall produce measurable results	279
comparable to those produced by the tests which the alternate	280
assessments are replacing in order to allow for the student's	281
assessment results to be included in the data compiled for a	282
school district or building under section 3302.03 of the Revised	283
Code.	284

(c) Any student enrolled in a chartered nonpublic school who	285
has been identified, based on an evaluation conducted in	286
accordance with section 3323.03 of the Revised Code or section 504	287
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	288
794, as amended, as a child with a disability shall be excused	289
from taking any particular test required to be administered under	290
this section if a plan developed for the student pursuant to rules	291
adopted by the state board excuses the student from taking that	292
test. In the case of any student so excused from taking a test,	293
the chartered nonpublic school shall not prohibit the student from	294
taking the test.	295

(2) A district board may, for medical reasons or other good	296
cause, excuse a student from taking a test administered under this	297
section on the date scheduled, but any such test shall be	298
administered to such excused student not later than nine days	299
following the scheduled date. The board shall annually report the	300
number of students who have not taken one or more of the tests	301
required by this section to the state board of education not later	302
than the thirtieth day of June.	303

(3) As used in this division, "limited English proficient	304
student" has the same meaning as in 20 U.S.C. 7801.	305

No school district board shall excuse any limited English	306
proficient student from taking any particular test required to be	307
administered under this section, except that any limited English	308
proficient student who has been enrolled in United States schools	309
for less than one full school year shall not be required to take	310
any such reading or writing test. However, no board shall prohibit	311
a limited English proficient student who is not required to take a	312
test under this division from taking the test. A board may permit	313
any limited English proficient student to take any test required	314
to be administered under this section with appropriate	315
accommodations, as determined by the department. For each limited	316
English proficient student, each school district shall annually	317
assess that student's progress in learning English, in accordance	318
with procedures approved by the department.	319

The governing authority of a chartered nonpublic school may	320
excuse a limited English proficient student from taking any test	321
administered under this section. However, no governing authority	322
shall prohibit a limited English proficient student from taking	323
the test.	324

(D)(1) In the school year next succeeding the school year in	325
which the tests prescribed by division (A)(1) or (B) of section	326
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	327
or (B) of section 3301.0710 of the Revised Code as it existed	328
prior to September 11, 2001, are administered to any student, the	329
board of education of any school district in which the student is	330
enrolled in that year shall provide to the student intervention	331
services commensurate with the student's test performance,	332
including any intensive intervention required under section	333
3313.608 of the Revised Code, in any skill in which the student	334
failed to demonstrate at least a score at the proficient level on	335
the test.	336

(2) Following any administration of the tests prescribed by	337
division (F) of section 3301.0710 of the Revised Code to ninth	338
grade students, each school district that has a three-year average	339
graduation rate of not more than seventy-five per cent shall	340
determine for each high school in the district whether the school	341
shall be required to provide intervention services to any students	342
who took the tests. In determining which high schools shall	343
provide intervention services based on the resources available,	344
the district shall consider each school's graduation rate and	345
scores on the practice tests. The district also shall consider the	346
scores received by ninth grade students on the reading and	347
mathematics tests prescribed under division (A)(1)(f) of section	348
3301.0710 of the Revised Code in the eighth grade in determining	349
which high schools shall provide intervention services.	350

Each high school selected to provide intervention services	351
under this division shall provide intervention services to any	352
student whose test results indicate that the student is failing to	353
make satisfactory progress toward being able to attain scores at	354
the proficient level on the Ohio graduation tests. Intervention	355
services shall be provided in any skill in which a student	356
demonstrates unsatisfactory progress and shall be commensurate	357
with the student's test performance. Schools shall provide the	358
intervention services prior to the end of the school year, during	359
the summer following the ninth grade, in the next succeeding	360
school year, or at any combination of those times.	361

(E) Except as provided in section 3313.608 of the Revised	362
Code and division (M) of this section, no school district board of	363
education shall utilize any student's failure to attain a	364
specified score on any test administered under this section as a	365
factor in any decision to deny the student promotion to a higher	366
grade level. However, a district board may choose not to promote	367
to the next grade level any student who does not take any test	368
administered under this section or make up such test as provided	369
by division (C)(2) of this section and who is not exempt from the	370
requirement to take the test under division (C)(3) of this	371
section.	372

(F) No person shall be charged a fee for taking any test	373
administered under this section.	374

(G) Not later than sixty days after any administration of any	375
test prescribed by division (A)(1) or (B) of section 3301.0710 of	376
the Revised Code, the department shall send to each school	377
district board a list of the individual test scores of all persons	378
taking the test. For any tests administered under this section by	379
a joint vocational school district, the department shall also send	380
to each city, local, or exempted village school district a list of	381
the individual test scores of any students of such city, local, or	382
exempted village school district who are attending school in the	383
joint vocational school district.	384

(H) Individual test scores on any tests administered under	385
this section shall be released by a district board only in	386
accordance with section 3319.321 of the Revised Code and the rules	387
adopted under division (A) of this section. No district board or	388
its employees shall utilize individual or aggregate test results	389
in any manner that conflicts with rules for the ethical use of	390
tests adopted pursuant to division (A) of this section.	391

(I) Except as provided in division (G) of this section, the	392
department shall not release any individual test scores on any	393
test administered under this section and shall adopt rules to	394
ensure the protection of student confidentiality at all times.	395

(J) Notwithstanding division (D) of section 3311.52 of the	396
Revised Code, this section does not apply to the board of	397
education of any cooperative education school district except as	398
provided under rules adopted pursuant to this division.	399

(1) In accordance with rules that the state board of	400
education shall adopt, the board of education of any city,	401
exempted village, or local school district with territory in a	402
cooperative education school district established pursuant to	403
divisions (A) to (C) of section 3311.52 of the Revised Code may	404
enter into an agreement with the board of education of the	405
cooperative education school district for administering any test	406
prescribed under this section to students of the city, exempted	407
village, or local school district who are attending school in the	408
cooperative education school district.	409

(2) In accordance with rules that the state board of	410
education shall adopt, the board of education of any city,	411
exempted village, or local school district with territory in a	412
cooperative education school district established pursuant to	413
section 3311.521 of the Revised Code shall enter into an agreement	414
with the cooperative district that provides for the administration	415
of any test prescribed under this section to both of the	416
following:	417

(a) Students who are attending school in the cooperative	418
district and who, if the cooperative district were not	419
established, would be entitled to attend school in the city,	420
local, or exempted village school district pursuant to section	421
3313.64 or 3313.65 of the Revised Code;	422

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

423

Any testing of students pursuant to such an agreement shall	424
be in lieu of any testing of such students or persons pursuant to	425
this section.	426

(K)(1) Any chartered nonpublic school may participate in the	427
testing program by administering any of the tests prescribed by	428
section 3301.0710 or 3301.0712 of the Revised Code if the chief	429
administrator of the school specifies which tests the school	430
wishes to administer. Such specification shall be made in writing	431
to the superintendent of public instruction prior to the first day	432
of August of any school year in which tests are administered and	433
shall include a pledge that the nonpublic school will administer	434
the specified tests in the same manner as public schools are	435
required to do under this section and rules adopted by the	436
department.	437

(2) The department of education shall furnish the tests	438
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	439
to any chartered nonpublic school electing to participate under	440
this division.	441

(L)(1) The superintendent of the state school for the blind	442
and the superintendent of the state school for the deaf shall	443
administer the tests described by section 3301.0710 of the Revised	444
Code. Each superintendent shall administer the tests in the same	445
manner as district boards are required to do under this section	446
and rules adopted by the department of education and in conformity	447
with division (C)(1)(a) of this section.	448

(2) The department of education shall furnish the tests	449
described by section 3301.0710 of the Revised Code to each	450
superintendent.	451

(M) Notwithstanding division (E) of this section, a school	452
district may use a student's failure to attain a score in at least	453
the basic range on the mathematics test described by division	454
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	455
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	456
of section 3301.0710 of the Revised Code as a factor in retaining	457
that student in the current grade level.	458

(N)(1) The tests required by section 3301.0710 of the Revised	459
Code shall become public records pursuant to section 149.43 of the	460
Revised Code on the first day of July following the school year	461
that the test was administered, except that the reading test	462
prescribed under division (A)(1)(a) of section 3301.0710 of the	463
Revised Code shall become a public record on the sixteenth day of	464
July following the school year that the test was administered.	465

(2) The department may field test proposed test questions	466
with samples of students to determine the validity, reliability,	467
or appropriateness of test questions for possible inclusion in a	468
future year's test. The department also may use anchor questions	469
on tests to ensure that different versions of the same test are of	470
comparable difficulty.	471

Field test questions and anchor questions shall not be	472
considered in computing test scores for individual students. Field	473
test questions and anchor questions may be included as part of the	474
administration of any test required by section 3301.0710 of the	475
Revised Code.	476

(3) Any field test question or anchor question administered	477
under division (N)(2) of this section shall not be a public	478
record. Such field test questions and anchor questions shall be	479
redacted from any tests which are released as a public record	480
pursuant to division (N)(1) of this section.	481

(O) As used in this section, "three-year average" and	482
"graduation rate" have the same meanings as in section 3302.01 of	483
the Revised Code:	484

(1) "Three-year average" means the average of the most recent	485
consecutive three school years of data.	486

(2) "Dropout" means a student who withdraws from school	487
before completing course requirements for graduation and who is	488
not enrolled in an education program approved by the state board	489
of education or an education program outside the state. "Dropout"	490
does not include a student who has departed the country.	491

(3) "Graduation rate" means the ratio of students receiving a	492
diploma to the number of students who entered ninth grade four	493
years earlier. Students who transfer into the district are added	494
to the calculation. Students who transfer out of the district for	495
reasons other than dropout are subtracted from the calculation. If	496
a student who was a dropout in any previous year returns to the	497
same school district, that student shall be entered into the	498
calculation as if the student had entered ninth grade four years	499
before the graduation year of the graduating class that the	500
student joins.	501

Sec. 3302.01.  As used in this chapter:

502

(A) "Dropout" means a student who withdraws from school	503
before completing course requirements for graduation and who is	504
not enrolled in an education program approved by the state board	505
of education or an education program outside the state. "Dropout"	506
does not include a student who has departed the country.	507

(B) "Graduation rate" means the ratio of students receiving a	508
diploma to the number of students who entered ninth grade four	509
years earlier. Students who transfer into the district are added	510
to the calculation. Students who transfer out of the district for	511
reasons other than dropout are subtracted from the calculation. If	512
a student who was a dropout in any previous year returns to the	513
same school district, that student shall be entered into the	514
calculation as if the student had entered ninth grade four years	515
before the graduation year of the graduating class that the	516
student joins.	517

(C) "Attendance rate" means the ratio of the number of	518
students actually in attendance over the course of a school year	519
to the number of students who were required to be in attendance	520
that school year, as calculated pursuant to rules of the	521
superintendent of public instruction.	522

(D) "Three-year average" means the average of the most recent	523
consecutive three school years of data.	524

(E) "Performance index score" means the average of the totals	525
derived from calculations for each subject area of reading,	526
writing, mathematics, science, and social studies of the weighted	527
proportion of untested students and students scoring at each level	528
of skill described in division (A)(2) of section 3301.0710 of the	529
Revised Code on the tests prescribed by divisions (A) and (B) of	530
that section. The department of education shall assign weights	531
such that students who do not take a test receive a weight of zero	532
and students who take a test receive progressively larger weights	533
dependent upon the level of skill attained on the test. The	534
department shall also determine the performance index score a	535
school district or building needs to achieve for the purpose of	536
the performance ratings assigned pursuant to section 3302.03 of	537
the Revised Code.	538

Students shall be included in the "performance index score"	539
in accordance with division (D)(2) of section 3302.03 of the	540
Revised Code.	541

(F)(B) "Subgroup" means a subset of the entire student	542
population of the state, a school district, or a school building	543
and includes each of the following:	544

(1) Major racial and ethnic groups;

545

(2) Students with disabilities;

546

(3) Economically disadvantaged students;

547

(4) Limited English proficient students.

548

(G) "Other academic indicators" means measures of student	549
academic performance other than scores on tests administered under	550
section 3301.0710 of the Revised Code, which shall be the	551
attendance rate for elementary and middle schools and the	552
graduation rate for high schools.	553

(H) "Annual measurable objective" means the yearly percentage	554
of students, which shall be established by the state board, who	555
must score at or above the proficient level on tests established	556
under section 3301.0710 of the Revised Code in reading and	557
mathematics administered to their grade level for a school	558
district or a school building to be deemed to have made sufficient	559
progress for that school year toward the goal of having all	560
students scoring at or above the proficient level on such tests by	561
June 30, 2014. For the school year that begins July 1, 2003, the	562
state board shall establish an "annual measurable objective" in	563
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	564
1425, 20 U.S.C. 6311. In the school year following the first	565
administration of each test established under section 3301.0710 of	566
the Revised Code, the state board shall use the results from such	567
tests to make any necessary adjustments in the applicable annual	568
measurable objective.	569

(I)(C) "No Child Left Behind Act of 2001" includes the	570
statutes codified at 20 U.S.C. 6301 et seq. and any amendments	571
thereto, rules and regulations promulgated pursuant to those	572
statutes, guidance documents, and any other policy directives	573
regarding implementation of that act issued by the United States	574
department of education.	575

(D) "Adequate yearly progress," as required by the "No Child	576
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a	577
measure of annual academic performance as calculated in accordance	578
with the "No Child Left Behind Act of 2001.". "Adequate yearly	579
progress" is made by a school district or a school building when	580
the district or building satisfies either divisions (I)(1) and (2)	581
of this section or divisions (I)(1) and (3) of this section in the	582
applicable school year:	583

(1) At least ninety-five per cent of the total student	584
population and of each subgroup enrolled in the district or	585
building at the time of the test administration takes each test in	586
reading and mathematics prescribed by section 3301.0710 of the	587
Revised Code that is administered to their grade level, except	588
that this requirement shall not apply to any subgroup in the	589
district or building that contains less than forty students. Those	590
students taking a test with accommodations or an alternate	591
assessment pursuant to division (C)(1) or (3) of section 3301.0711	592
of the Revised Code shall be counted as taking that test for the	593
purposes of this division. Any limited English proficient student	594
who has been enrolled in United States schools for less than one	595
full school year and does not take a reading test administered to	596
the student's grade level shall be counted as taking that test for	597
the purposes of this division if, in the same school year, the	598
student has been assessed to determine the student's progress in	599
learning English in accordance with division (C)(3) of section	600
3301.0711 of the Revised Code.	601

(2) The total student population and each subgroup in the	602
district or building, as defined in division (D)(2) of section	603
3302.03 of the Revised Code, meets or exceeds the annual	604
measurable objective for that school year in reading and	605
mathematics based upon data from the current school year or a	606
three-year average of data and the district or building meets or	607
exceeds the minimum threshold or makes progress on the other	608
academic indicators for that school year. In calculating whether a	609
district or building satisfies this division, the department shall	610
include any subgroup in the district or building that contains	611
thirty or more students, except that the department shall not	612
include the subgroup described in division (F)(2) of this section	613
unless such subgroup contains forty-five or more students. The	614
determination of students in the subgroup described in division	615
(F)(2) of this section who are not required to score at or above	616
the proficient level on tests established under section 3301.0710	617
of the Revised Code for the purpose of determining whether a	618
district or building satisfies this division shall comply with	619
federal statutes, rules, and regulations.	620

(3) If the performance of the total student population or any	621
subgroup in the district or building results in the failure of the	622
district or building to satisfy division (I)(2) of this section,	623
the district or building shall fulfill both of the following	624
requirements with respect to the total student population or any	625
pertinent subgroup:	626

(a) The percentage of students scoring below the proficient	627
level on the applicable tests in the total student population or	628
subgroup decreases by at least ten per cent from the percentage of	629
such students in the total student population or subgroup in the	630
preceding school year or from the average percentage of such	631
students in the total student population or subgroup in the two	632
preceding school years.	633

(b) The total student population or subgroup meets or exceeds	634
the minimum threshold on the other academic indicators for that	635
school year or makes progress toward meeting the minimum threshold	636
on one of the other academic indicators for that school year.	637

(J)(E) "Supplemental educational services" means additional	638
academic assistance, such as tutoring, remediation, or other	639
educational enrichment activities, that is conducted outside of	640
the regular school day by a provider approved by the department in	641
accordance with the "No Child Left Behind Act of 2001,." 115 Stat.	642
1425, 20 U.S.C. 6316.	643

(K)(F) "Value-added progress dimension" means a measure of	644
academic gain for a student or group of students over a specific	645
period of time that is calculated by applying a statistical	646
methodology to individual student achievement data derived from	647
the achievement tests prescribed by section 3301.0710 of the	648
Revised Code.	649

Sec. 3302.03.  (A) Annually the department of education shall	650
report for each school district and each school building in a	651
district all of the following:	652

(1) The extent to which the school district or building meets	653
each of the applicable performance indicators created by the state	654
board of education under section 3302.02 of the Revised Code and	655
the number of applicable performance indicators that have been	656
achieved;	657

(2) The performance index score of the school district or	658
building;	659

(3) Whether the school district or building has made adequate	660
yearly progress;	661

(4) Whether the school district or building is excellent,	662
effective, needs continuous improvement, is under an academic	663
watch, or is in a state of academic emergency.	664

(B)(1) A school district or building shall be declared	665
excellent if it fulfills one of the following requirements:	666

(a) It makes adequate yearly progress and either meets at	667
least ninety-four per cent of the applicable state performance	668
indicators or has a performance index score established by the	669
department.	670

(b) It has failed to make adequate yearly progress for not	671
more than two consecutive years and either meets at least	672
ninety-four per cent of the applicable state performance	673
indicators or has a performance index score established by the	674
department.	675

(2) A school district or building shall be declared effective	676
if it fulfills one of the following requirements:	677

(a) It makes adequate yearly progress and either meets at	678
least seventy-five per cent but less than ninety-four per cent of	679
the applicable state performance indicators or has a performance	680
index score established by the department.	681

(b) It does not make adequate yearly progress and either	682
meets at least seventy-five per cent of the applicable state	683
performance indicators or has a performance index score	684
established by the department, except that if it does not make	685
adequate yearly progress for three consecutive years, it shall be	686
declared in need of continuous improvement.	687

(3) A school district or building shall be declared to be in	688
need of continuous improvement if it fulfills one of the following	689
requirements:	690

(a) It makes adequate yearly progress, meets less than	691
seventy-five per cent of the applicable state performance	692
indicators, and has a performance index score established by the	693
department.	694

(b) It does not make adequate yearly progress and either	695
meets at least fifty per cent but less than seventy-five per cent	696
of the applicable state performance indicators or has a	697
performance index score established by the department.	698

(4) A school district or building shall be declared to be	699
under an academic watch if it does not make adequate yearly	700
progress and either meets at least thirty-one per cent but less	701
than fifty per cent of the applicable state performance indicators	702
or has a performance index score established by the department.	703

(5) A school district or building shall be declared to be in	704
a state of academic emergency if it does not make adequate yearly	705
progress, does not meet at least thirty-one per cent of the	706
applicable state performance indicators, and has a performance	707
index score established by the department.	708

(C)(1) The department shall issue annual report cards for	709
each school district, each building within each district, and for	710
the state as a whole reflecting performance on the indicators	711
created by the state board under section 3302.02 of the Revised	712
Code, the performance index score, and adequate yearly progress.	713

(2) The department shall include on the report card for each	714
district information pertaining to any change from the previous	715
year made by the school district or school buildings within the	716
district on any performance indicator.	717

(3) When reporting data on student performance, the	718
department shall disaggregate that data according to the following	719
categories:	720

(a) Performance of students by age group;

721

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

722

(c) Performance of students by gender;

723

(d) Performance of students grouped by those who have been	724
enrolled in a district or school for three or more years;	725

(e) Performance of students grouped by those who have been	726
enrolled in a district or school for more than one year and less	727
than three years;	728

(f) Performance of students grouped by those who have been	729
enrolled in a district or school for one year or less;	730

(g) Performance of students grouped by those who are	731
economically disadvantaged;	732

(h) Performance of students grouped by those who are enrolled	733
in a conversion community school established under Chapter 3314.	734
of the Revised Code;	735

(i) Performance of students grouped by those who are	736
classified as limited English proficient;	737

(j) Performance of students grouped by those who have	738
disabilities;	739

(k) Performance of students grouped by those who are	740
classified as migrants;	741

(l) Performance of students grouped by those who are	742
identified as gifted pursuant to Chapter 3324. of the Revised	743
Code.	744

The department may disaggregate data on student performance	745
according to other categories that the department determines are	746
appropriate. To the extent possible, the department shall	747
disaggregate data on student performance according to any	748
combinations of two or more of the categories listed in divisions	749
(C)(3)(a) to (l) of this section that it deems relevant.	750

In reporting data pursuant to division (C)(3) of this	751
section, the department shall not include in the report cards any	752
data statistical in nature that is statistically unreliable or	753
that could result in the identification of individual students.	754
For this purpose, the department shall not report student	755
performance data for any group identified in division (C)(3) of	756
this section that contains less than ten students.	757

(4) The department may include with the report cards any	758
additional education and fiscal performance data it deems	759
valuable.	760

(5) The department shall include on each report card a list	761
of additional information collected by the department that is	762
available regarding the district or building for which the report	763
card is issued. When available, such additional information shall	764
include student mobility data disaggregated by race and	765
socioeconomic status, college enrollment data, and the reports	766
prepared under section 3302.031 of the Revised Code.	767

The department shall maintain a site on the world wide web.	768
The report card shall include the address of the site and shall	769
specify that such additional information is available to the	770
public at that site. The department shall also provide a copy of	771
each item on the list to the superintendent of each school	772
district. The district superintendent shall provide a copy of any	773
item on the list to anyone who requests it.	774

(6) For any district that sponsors a conversion community	775
school under Chapter 3314. of the Revised Code, the department	776
shall combine data regarding the academic performance of students	777
enrolled in the community school with comparable data from the	778
schools of the district for the purpose of calculating the	779
performance of the district as a whole on the report card issued	780
for the district.	781

(7) The department shall include on each report card the	782
percentage of teachers in the district or building who are highly	783
qualified, as defined by the "No Child Left Behind Act of 2001,"	784
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	785
percentage with the percentages of such teachers in similar	786
districts and buildings.	787

(8) The department shall include on the report card the	788
number of master teachers employed by each district and each	789
building once the data is available from the education management	790
information system established under section 3301.0714 of the	791
Revised Code.	792

(D)(1) In calculating reading, writing, mathematics, social	793
studies, or science proficiency or achievement test passage rates	794
used to determine school district or building performance under	795
this section, the department shall include all students taking a	796
test with accommodation or to whom an alternate assessment is	797
administered pursuant to division (C)(1) or (3) of section	798
3301.0711 of the Revised Code.	799

(2) In calculating performance index scores, rates of	800
achievement on the performance indicators established by the state	801
board under section 3302.02 of the Revised Code, and adequate	802
yearly progress for school districts and buildings under this	803
section, the department shall do all of the following:	804

(a) Include for each district or building only those students	805
who are included in the ADM certified for the first full school	806
week of October and are continuously enrolled in the district or	807
building through the time of the spring administration of any test	808
prescribed by section 3301.0710 of the Revised Code that is	809
administered to the student's grade level;	810

(b) Include cumulative totals from both the fall and spring	811
administrations of the third grade reading achievement test;	812

(c) Except as required by division (I)(1) of section 3302.01	813
of the Revised Codethe "No Child Left Behind Act of 2001" for the	814
calculation of adequate yearly progress, exclude for each district	815
or building any limited English proficient student who has been	816
enrolled in United States schools for less than one full school	817
year.	818

Sec. 3302.04.  (A) The department of education shall	819
establish a system of intensive, ongoing support for the	820
improvement of school districts and school buildings. The system	821
shall give priority to districts and buildings that have been	822
declared to be under an academic watch or in a state of academic	823
emergency under section 3302.03 of the Revised Code and shall	824
include services provided to districts and buildings through	825
regional service providers, such as educational service centers,	826
regional professional development centers, and special education	827
regional resource centers.	828

(B) When a school district has been notified by the	829
department pursuant to division (A) of section 3302.03 of the	830
Revised Code that the district or a building within the district	831
has failed to make adequate yearly progress for two consecutive	832
school years, the district shall develop a three-year continuous	833
improvement plan for the district or building containing each of	834
the following:	835

(1) An analysis of the reasons for the failure of the	836
district or building to meet any of the applicable performance	837
indicators established under section 3302.02 of the Revised Code	838
that it did not meet and an analysis of the reasons for its	839
failure to make adequate yearly progress;	840

(2) Specific strategies that the district or building will	841
use to address the problems in academic achievement identified in	842
division (B)(1) of this section;	843

(3) Identification of the resources that the district will	844
allocate toward improving the academic achievement of the district	845
or building;	846

(4) A description of any progress that the district or	847
building made in the preceding year toward improving its academic	848
achievement;	849

(5) An analysis of how the district is utilizing the	850
professional development standards adopted by the state board	851
pursuant to section 3319.61 of the Revised Code;	852

(6) Strategies that the district or building will use to	853
improve the cultural competency, as defined pursuant to section	854
3319.61 of the Revised Code, of teachers and other educators.	855

No three-year continuous improvement plan shall be developed	856
or adopted pursuant to this division unless at least one public	857
hearing is held within the affected school district or building	858
concerning the final draft of the plan. Notice of the hearing	859
shall be given two weeks prior to the hearing by publication in	860
one newspaper of general circulation within the territory of the	861
affected school district or building. Copies of the plan shall be	862
made available to the public.	863

(C) When a school district or building has been notified by	864
the department pursuant to division (A) of section 3302.03 of the	865
Revised Code that the district or building is under an academic	866
watch or in a state of academic emergency, the district or	867
building shall be subject to any rules establishing intervention	868
in academic watch or emergency school districts or buildings.	869

(D)(1) Within one hundred twenty days after any school	870
district or building is declared to be in a state of academic	871
emergency under section 3302.03 of the Revised Code, the	872
department may initiate a site evaluation of the building or	873
school district.	874

(2) If any school district that is declared to be in a state	875
of academic emergency or in a state of academic watch under	876
section 3302.03 of the Revised Code or encompasses a building that	877
is declared to be in a state of academic emergency or in a state	878
of academic watch fails to demonstrate to the department	879
satisfactory improvement of the district or applicable buildings	880
or fails to submit to the department any information required	881
under rules established by the state board of education, prior to	882
approving a three-year continuous improvement plan under rules	883
established by the state board of education, the department shall	884
conduct a site evaluation of the school district or applicable	885
buildings to determine whether the school district is in	886
compliance with minimum standards established by law or rule.	887

(3) Site evaluations conducted under divisions (D)(1) and (2)	888
of this section shall include, but not be limited to, the	889
following:	890

(a) Determining whether teachers are assigned to subject	891
areas for which they are licensed or certified;	892

(b) Determining pupil-teacher ratios;

893

(c) Examination of compliance with minimum instruction time	894
requirements for each school day and for each school year;	895

(d) Determining whether materials and equipment necessary to	896
implement the curriculum approved by the school district board are	897
available;	898

(e) Examination of whether the teacher and principal	899
evaluation system reflects the evaluation system guidelines	900
adopted by the state board of education under section 3319.112 of	901
the Revised Code;	902

(f) Examination of the adequacy of efforts to improve the	903
cultural competency, as defined pursuant to section 3319.61 of the	904
Revised Code, of teachers and other educators.	905

(E) This division applies only to school districts that	906
operate a school building that fails to make adequate yearly	907
progress for two or more consecutive school years.	908

(1) For any school building that fails to make adequate	909
yearly progress for two consecutive school years, the district	910
shall do all of the following:	911

(a) Provide written notification of the academic issues that	912
resulted in the building's failure to make adequate yearly	913
progress to the parent or guardian of each student enrolled in the	914
building. The notification shall also describe the actions being	915
taken by the district or building to improve the academic	916
performance of the building and any progress achieved toward that	917
goal in the immediately preceding school year.	918

(b) If the building receives funds under Title 1, Part A of	919
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	920
6311 to 6339, from the district, in accordance with section	921
3313.97 of the Revised Code, offer all students enrolled in the	922
building the opportunity to enroll in an alternative building	923
within the district that is not in school improvement status as	924
defined by the "No Child Left Behind Act of 2001,." 115 Stat.	925
1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised	926
Code, the district shall spend an amount equal to twenty per cent	927
of the funds it receives under Title I, Part A of the "Elementary	928
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	929
provide transportation for students who enroll in alternative	930
buildings under this division, unless the district can satisfy all	931
demand for transportation with a lesser amount. If an amount equal	932
to twenty per cent of the funds the district receives under Title	933
I, Part A of the "Elementary and Secondary Education Act of 1965,"	934
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	935
transportation, the district shall grant priority over all other	936
students to the lowest achieving students among the subgroup	937
described in division (F)(B)(3) of section 3302.01 of the Revised	938
Code in providing transportation. Any district that does not	939
receive funds under Title I, Part A of the "Elementary and	940
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall	941
not be required to provide transportation to any student who	942
enrolls in an alternative building under this division.	943

(2) For any school building that fails to make adequate	944
yearly progress for three consecutive school years, the district	945
shall do both of the following:	946

(a) If the building receives funds under Title 1, Part A of	947
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	948
6311 to 6339, from the district, in accordance with section	949
3313.97 of the Revised Code, provide all students enrolled in the	950
building the opportunity to enroll in an alternative building	951
within the district that is not in school improvement status as	952
defined by the "No Child Left Behind Act of 2001,." 115 Stat.	953
1425, 20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised	954
Code, the district shall provide transportation for students who	955
enroll in alternative buildings under this division to the extent	956
required under division (E)(2) of this section.	957

(b) If the building receives funds under Title 1, Part A of	958
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	959
6311 to 6339, from the district, offer supplemental educational	960
services to students who are enrolled in the building and who are	961
in the subgroup described in division (F)(B)(3) of section 3302.01	962
of the Revised Code.	963

The district shall spend a combined total of an amount equal	964
to twenty per cent of the funds it receives under Title I, Part A	965
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	966
6311 to 6339, to provide transportation for students who enroll in	967
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	968
this section and to pay the costs of the supplemental educational	969
services provided to students under division (E)(2)(b) of this	970
section, unless the district can satisfy all demand for	971
transportation and pay the costs of supplemental educational	972
services for those students who request them with a lesser amount.	973
In allocating funds between the requirements of divisions	974
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	975
shall spend at least an amount equal to five per cent of the funds	976
it receives under Title I, Part A of the "Elementary and Secondary	977
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	978
transportation for students who enroll in alternative buildings	979
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	980
district can satisfy all demand for transportation with a lesser	981
amount, and at least an amount equal to five per cent of the funds	982
it receives under Title I, Part A of the "Elementary and Secondary	983
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	984
of the supplemental educational services provided to students	985
under division (E)(2)(b) of this section, unless the district can	986
pay the costs of such services for all students requesting them	987
with a lesser amount. If an amount equal to twenty per cent of the	988
funds the district receives under Title I, Part A of the	989
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	990
to 6339, is insufficient to satisfy all demand for transportation	991
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	992
the costs of all of the supplemental educational services provided	993
to students under division (E)(2)(b) of this section, the district	994
shall grant priority over all other students in providing	995
transportation and in paying the costs of supplemental educational	996
services to the lowest achieving students among the subgroup	997
described in division (F)(B)(3) of section 3302.01 of the Revised	998
Code.	999

Any district that does not receive funds under Title I, Part	1000
A of the "Elementary and Secondary Education Act of 1965," 20	1001
U.S.C. 6311 to 6339, shall not be required to provide	1002
transportation to any student who enrolls in an alternative	1003
building under division (E)(2)(a) of this section or to pay the	1004
costs of supplemental educational services provided to any student	1005
under division (E)(2)(b) of this section.	1006

No student who enrolls in an alternative building under	1007
division (E)(2)(a) of this section shall be eligible for	1008
supplemental educational services under division (E)(2)(b) of this	1009
section.	1010

(3) For any school building that fails to make adequate	1011
yearly progress for four consecutive school years, the district	1012
shall continue to comply with division (E)(2) of this section and	1013
shall implement at least one of the following options with respect	1014
to the building:	1015

(a) Institute a new curriculum that is consistent with the	1016
statewide academic standards adopted pursuant to division (A) of	1017
section 3301.079 of the Revised Code;	1018

(b) Decrease the degree of authority the building has to	1019
manage its internal operations;	1020

(c) Appoint an outside expert to make recommendations for	1021
improving the academic performance of the building. The district	1022
may request the department to establish a state intervention team	1023
for this purpose pursuant to division (G) of this section.	1024

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

1025

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

1026

(f) Reorganize the administrative structure of the building.

1027

(4) For any school building that fails to make adequate	1028
yearly progress for five consecutive school years, the district	1029
shall continue to comply with division (E)(2) of this section and	1030
shall develop a plan during the next succeeding school year to	1031
improve the academic performance of the building, which shall	1032
include at least one of the following options:	1033

(a) Reopen the school as a community school under Chapter	1034
3314. of the Revised Code;	1035

(b) Replace personnel;

1036

(c) Contract with a nonprofit or for-profit entity to operate	1037
the building;	1038

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

1039

(e) Other significant restructuring of the building's	1040
governance.	1041

(5) For any school building that fails to make adequate	1042
yearly progress for six consecutive school years, the district	1043
shall continue to comply with division (E)(2) of this section and	1044
shall implement the plan developed pursuant to division (E)(4) of	1045
this section.	1046

(6) A district shall continue to comply with division	1047
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1048
applicable, with respect to any building formerly subject to one	1049
of those divisions until the building makes adequate yearly	1050
progress for two consecutive school years.	1051

(F) This division applies only to school districts that fail	1052
to make adequate yearly progress for two or more consecutive	1053
school yearshave been identified for improvement by the	1054
department pursuant to the "No Child Left Behind Act of 2001."	1055

(1) If a school district fails to make adequate yearly	1056
progresshas been identified for improvement for two consecutive	1057
one school yearsyear, the district shall provide a written	1058
description of the continuous improvement plan developed by the	1059
district pursuant to division (B) of this section to the parent or	1060
guardian of each student enrolled in the district. If the district	1061
does not have a continuous improvement plan, the district shall	1062
develop such a plan in accordance with division (B) of this	1063
section and provide a written description of the plan to the	1064
parent or guardian of each student enrolled in the district.	1065

(2) If a school district fails to make adequate yearly	1066
progresshas been identified for improvement for threetwo	1067
consecutive school years, the district shall continue to implement	1068
the continuous improvement plan developed by the district pursuant	1069
to division (B) or (F)(1) of this section.	1070

(3) If a school district fails to make adequate yearly	1071
progresshas been identified for improvement for fourthree	1072
consecutive school years, the department shall take at least one	1073
of the following corrective actions with respect to the district:	1074

(a) Withhold a portion of the funds the district is entitled	1075
to receive under Title I, Part A of the "Elementary and Secondary	1076
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1077

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

1078

(c) Institute a new curriculum that is consistent with the	1079
statewide academic standards adopted pursuant to division (A) of	1080
section 3301.079 of the Revised Code;	1081

(d) Establish alternative forms of governance for individual	1082
school buildings within the district;	1083

(e) Appoint a trustee to manage the district in place of the	1084
district superintendent and board of education.	1085

The department shall conduct individual audits of a sampling	1086
of districts subject to this division to determine compliance with	1087
the corrective actions taken by the department.	1088

(4) If a school district fails to make adequate yearly	1089
progresshas been identified for improvement for fivefour	1090
consecutive school years, the department shall continue to monitor	1091
implementation of the corrective action taken under division	1092
(F)(3) of this section with respect to the district.	1093

(5) If a school district fails to make adequate yearly	1094
progresshas been identified for improvement for sixfive	1095
consecutive school years, the department shall take at least one	1096
of the corrective actions identified in division (F)(3) of this	1097
section with respect to the district, provided that the corrective	1098
action the department takes is different from the corrective	1099
action previously taken under division (F)(3) of this section with	1100
respect to the district.	1101

(G) The department may establish a state intervention team to	1102
evaluate all aspects of a school district or building, including	1103
management, curriculum, instructional methods, resource	1104
allocation, and scheduling. Any such intervention team shall be	1105
appointed by the department and shall include teachers and	1106
administrators recognized as outstanding in their fields. The	1107
intervention team shall make recommendations regarding methods for	1108
improving the performance of the district or building.	1109

The department shall not approve a district's request for an	1110
intervention team under division (E)(3) of this section if the	1111
department cannot adequately fund the work of the team, unless the	1112
district agrees to pay for the expenses of the team.	1113

(H) The department shall conduct individual audits of a	1114
sampling of community schools established under Chapter 3314. of	1115
the Revised Code to determine compliance with this section.	1116

(I) The state board shall adopt rules for implementing this	1117
section.	1118

Sec. 3302.09. (A) Whenever the United States department of	1119
education makes changes in its policies or rules regarding	1120
implementation of the No Child Left Behind Act of 2001, the Ohio	1121
department of education shall submit a written description of	1122
those changes to each member of the standing committees on	1123
education of the senate and house of representatives.	1124

(B) If the Ohio department of education plans to change any	1125
of its policies or procedures regarding the state's implementation	1126
of the No Child Left Behind Act of 2001 based on changes in	1127
federal polices or rules described in division (A) of this	1128
section, the Ohio department of education shall submit to each	1129
member of the standing committees a written outline of the	1130
existing Ohio policy regarding that implementation and a written	1131
description of the changes it proposes to make.	1132

(C) On and after July 1, 2005, the Ohio department of	1133
education shall not make any change proposed under division (B) of	1134
this section unless the general assembly has adopted a concurrent	1135
resolution approving the proposed change.	1136

Sec. 3313.614.  (A) As used in this section, a person	1137
"fulfills the curriculum requirement for a diploma" at the time	1138
one of the following conditions is satisfied:	1139

(1) The person successfully completes the high school	1140
curriculum of a school district, a community school, a chartered	1141
nonpublic school, or a correctional institution.	1142

(2) The person successfully completes the individualized	1143
education program developed for the person under section 3323.08	1144
of the Revised Code.	1145

(3) A board of education issues its determination under	1146
section 3313.611 of the Revised Code that the person qualifies as	1147
having successfully completed the curriculum required by the	1148
district.	1149

(B) This division specifies the testing requirements that	1150
must be fulfilled as a condition toward granting high school	1151
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1152
of the Revised Code.	1153

(1) A person who fulfills the curriculum requirement for a	1154
diploma before September 15, 2000, is not required to pass any	1155
proficiency test or achievement test in science as a condition to	1156
receiving a diploma.	1157

(2) Except as provided in division (B)(3) of this section, a	1158
person who fulfills the curriculum requirement for a diploma prior	1159
to September 15, 2006, is not required to pass the Ohio graduation	1160
test in any subject as a condition to receiving a diploma once the	1161
person has passed the ninth grade proficiency test in the same	1162
subject, so long as the person passed the ninth grade proficiency	1163
test prior to September 15, 2008. However, any such person who	1164
passes the Ohio graduation test in any subject prior to passing	1165
the ninth grade proficiency test in the same subject shall be	1166
deemed to have passed the ninth grade proficiency test in that	1167
subject as a condition to receiving a diploma. For this purpose,	1168
the ninth grade proficiency test in citizenship substitutes for	1169
the Ohio graduation test in social studies. If a person fulfills	1170
the curriculum requirement for a diploma prior to September 15,	1171
2006, but does not pass a ninth grade proficiency test or the Ohio	1172
graduation test in a particular subject before September 15, 2008,	1173
and passage of a test in that subject is a condition for the	1174
person to receive a diploma, the person must pass the Ohio	1175
graduation test instead of the ninth grade proficiency test in	1176
that subject to receive a diploma.	1177

(3) A person who begins tenth grade after July 1, 2004, in a	1178
school district, community school, or chartered nonpublic school	1179
is not eligible to receive a diploma based on passage of ninth	1180
grade proficiency tests. Each such person must pass Ohio	1181
graduation tests to meet the testing requirements applicable to	1182
that person as a condition to receiving a diploma.	1183

(C) This division specifies the curriculum requirement that	1184
shall be completed as a condition toward granting high school	1185
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1186
of the Revised Code.	1187

(1) A person who is under twenty-two years of age when the	1188
person fulfills the curriculum requirement for a diploma shall	1189
complete the curriculum required by the school district or school	1190
issuing the diploma for the first year that the person originally	1191
enrolled in high school.	1192

(2) Once a person fulfills the curriculum requirement for a	1193
diploma, the person is never required, as a condition of receiving	1194
a diploma, to meet any different curriculum requirements that take	1195
effect pending the person's passage of proficiency or achievement	1196
tests, including changes mandated by section 3313.603 of the	1197
Revised Code, the state board, a school district board of	1198
education, or a governing authority of a community school or	1199
chartered nonpublic school.	1200

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	1201
school district expenditure and cost data for fiscal year 1999,	1202
performed the calculation described in division (B) of this	1203
section, adjusted the results for inflation, and added the amounts	1204
described in division (A)(2) of this section, hereby determines	1205
that the base cost of an adequate education per pupil for the	1206
fiscal year beginning July 1, 2001, is $4,814. The base cost per	1207
pupil, reflecting an annual rate of inflation of two and	1208
eight-tenths per cent, is $4,949 for fiscal year 2003. The base	1209
cost per pupil, reflecting an annual rate of inflation of two and	1210
two-tenths per cent, is $5,058 for fiscal year 2004 and $5,169 for	1211
fiscal year 2005.	1212

(2) The base cost per pupil amounts specified in division	1213
(A)(1) of this section include amounts to reflect the cost to	1214
school districts of increasing the minimum number of high school	1215
academic units required for graduation beginning September 15,	1216
2001, under section 3313.603 of the Revised Code. Analysis of	1217
fiscal year 1999 data revealed that the school districts meeting	1218
the requirements of division (B) of this section on average	1219
required high school students to complete a minimum of nineteen	1220
and eight-tenths units to graduate. The general assembly	1221
determines that the cost of funding the additional two-tenths unit	1222
required by section 3313.603 of the Revised Code is $12 per pupil	1223
in fiscal year 2002. This amount was added after the calculation	1224
described in division (B) of this section and the adjustment for	1225
inflation from fiscal year 1999 to fiscal year 2002. It is this	1226
total amount, the calculated base cost plus the supplement to pay	1227
for the additional partial unit, that constitutes the base cost	1228
amount specified in division (A)(1) of this section for fiscal	1229
year 2002 and that is inflated to produce the base cost amounts	1230
for fiscal years 2003 through 2005.	1231

(B) In determining the base cost stated in division (A) of	1232
this section, capital and debt costs, costs paid for by federal	1233
funds, and costs covered by funds provided for disadvantaged pupil	1234
impact aid and transportation were excluded, as were the effects	1235
on the districts' state funds of the application of the	1236
cost-of-doing-business factors, assuming a seven and one-half per	1237
cent variance.	1238

The base cost for fiscal year 1999 was calculated as the	1239
unweighted average cost per student, on a school district basis,	1240
of educating students who were not receiving vocational education	1241
or services pursuant to Chapter 3323. of the Revised Code and who	1242
were enrolled in a city, exempted village, or local school	1243
district that in fiscal year 1999 met all of the following	1244
criteria:	1245

(1) The district met at least twenty of the following	1246
twenty-seven performance indicators:	1247

(a) A ninety per cent or higher graduation rate;

1248

(b) At least seventy-five per cent of fourth graders	1249
proficient on the mathematics test prescribed under former	1250
division (A)(1) of section 3301.0710 of the Revised Code;	1251

(c) At least seventy-five per cent of fourth graders	1252
proficient on the reading test prescribed under former division	1253
(A)(1) of section 3301.0710 of the Revised Code;	1254

(d) At least seventy-five per cent of fourth graders	1255
proficient on the writing test prescribed under former division	1256
(A)(1) of section 3301.0710 of the Revised Code;	1257

(e) At least seventy-five per cent of fourth graders	1258
proficient on the citizenship test prescribed under former	1259
division (A)(1) of section 3301.0710 of the Revised Code;	1260

(f) At least seventy-five per cent of fourth graders	1261
proficient on the science test prescribed under former division	1262
(A)(1) of section 3301.0710 of the Revised Code;	1263

(g) At least seventy-five per cent of sixth graders	1264
proficient on the mathematics test prescribed under former	1265
division (A)(2) of section 3301.0710 of the Revised Code;	1266

(h) At least seventy-five per cent of sixth graders	1267
proficient on the reading test prescribed under former division	1268
(A)(2) of section 3301.0710 of the Revised Code;	1269

(i) At least seventy-five per cent of sixth graders	1270
proficient on the writing test prescribed under former division	1271
(A)(2) of section 3301.0710 of the Revised Code;	1272

(j) At least seventy-five per cent of sixth graders	1273
proficient on the citizenship test prescribed under former	1274
division (A)(2) of section 3301.0710 of the Revised Code;	1275

(k) At least seventy-five per cent of sixth graders	1276
proficient on the science test prescribed under former division	1277
(A)(2) of section 3301.0710 of the Revised Code;	1278

(l) At least seventy-five per cent of ninth graders	1279
proficient on the mathematics test prescribed under Section 4 of	1280
Am. Sub. S.B. 55 of the 122nd general assembly;	1281

(m) At least seventy-five per cent of ninth graders	1282
proficient on the reading test prescribed under Section 4 of Am.	1283
Sub. S.B. 55 of the 122nd general assembly;	1284

(n) At least seventy-five per cent of ninth graders	1285
proficient on the writing test prescribed under Section 4 of Am.	1286
Sub. S.B. 55 of the 122nd general assembly;	1287

(o) At least seventy-five per cent of ninth graders	1288
proficient on the citizenship test prescribed under Section 4 of	1289
Am. Sub. S.B. 55 of the 122nd general assembly;	1290

(p) At least seventy-five per cent of ninth graders	1291
proficient on the science test prescribed under Section 4 of Am.	1292
Sub. S.B. 55 of the 122nd general assembly;	1293

(q) At least eighty-five per cent of tenth graders proficient	1294
on the mathematics test prescribed under Section 4 of Am. Sub.	1295
S.B. 55 of the 122nd general assembly;	1296

(r) At least eighty-five per cent of tenth graders proficient	1297
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	1298
of the 122nd general assembly;	1299

(s) At least eighty-five per cent of tenth graders proficient	1300
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	1301
of the 122nd general assembly;	1302

(t) At least eighty-five per cent of tenth graders proficient	1303
on the citizenship test prescribed under Section 4 of Am. Sub.	1304
S.B. 55 of the 122nd general assembly;	1305

(u) At least eighty-five per cent of tenth graders proficient	1306
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	1307
of the 122nd general assembly;	1308

(v) At least sixty per cent of twelfth graders proficient on	1309
the mathematics test prescribed under former division (A)(3) of	1310
section 3301.0710 of the Revised Code;	1311

(w) At least sixty per cent of twelfth graders proficient on	1312
the reading test prescribed under former division (A)(3) of	1313
section 3301.0710 of the Revised Code;	1314

(x) At least sixty per cent of twelfth graders proficient on	1315
the writing test prescribed under former division (A)(3) of	1316
section 3301.0710 of the Revised Code;	1317

(y) At least sixty per cent of twelfth graders proficient on	1318
the citizenship test prescribed under former division (A)(3) of	1319
section 3301.0710 of the Revised Code;	1320

(z) At least sixty per cent of twelfth graders proficient on	1321
the science test prescribed under former division (A)(3) of	1322
section 3301.0710 of the Revised Code;	1323

(aa) An attendance rate for the year of at least ninety-three	1324
per cent as defined in section 3302.01 of the Revised Code.	1325

In determining whether a school district met any of the	1326
performance standards specified in divisions (B)(1)(a) to (aa) of	1327
this section, the general assembly used a rounding procedure	1328
previously recommended by the department of education. It is the	1329
same rounding procedure the general assembly used in 1998 to	1330
determine whether a district had met the standards of former	1331
divisions (B)(1)(a) to (r) of this section for purposes of	1332
constructing the previous model based on fiscal year 1996 data.	1333

(2) The district was not among the five per cent of all	1334
districts with the highest income, nor among the five per cent of	1335
all districts with the lowest income.	1336

(3) The district was not among the five per cent of all	1337
districts with the highest valuation per pupil, nor among the five	1338
per cent of all districts with the lowest valuation per pupil.	1339

This model for calculating the base cost of an adequate	1340
education is expenditure-based. The general assembly recognizes	1341
that increases in state funding to school districts since fiscal	1342
year 1996, the fiscal year upon which the general assembly based	1343
its model for calculating state funding to school districts for	1344
fiscal years 1999 through 2001, has increased school district base	1345
cost expenditures for fiscal year 1999, the fiscal year upon which	1346
the general assembly based its model for calculating state funding	1347
for fiscal years 2002 through 2005. In the case of school	1348
districts included in the fiscal year 1999 model that also had met	1349
the fiscal year 1996 performance criteria of former division	1350
(B)(1) of this section, the increased state funding may have	1351
driven the districts' expenditures beyond the expenditures that	1352
were actually needed to maintain their educational programs at the	1353
level necessary to maintain their ability to meet the fiscal year	1354
1999 performance criteria of current division (B)(1) of this	1355
section. The general assembly has determined to control for this	1356
effect by stipulating in the later model that the fiscal year 1999	1357
base cost expenditures of the districts that also met the	1358
performance criteria of former division (B)(1) of this section	1359
equals their base cost expenditures per pupil for fiscal year	1360
1996, inflated to fiscal year 1999 using an annual rate of	1361
inflation of two and eight-tenths per cent. However, if this	1362
inflated amount exceeded the district's actual fiscal year 1999	1363
base cost expenditures per pupil, the district's actual fiscal	1364
year 1999 base cost expenditures per pupil were used in the	1365
calculation. For districts in the 1999 model that did not also	1366
meet the performance criteria of former division (B)(1) of this	1367
section, the actual 1999 base cost per pupil expenditures were	1368
used in the calculation of the average district per pupil costs of	1369
the model districts.	1370

Sec. 3319.55.  (A) A grant program is hereby established to	1371
recognize and reward public school teachers in public and	1372
chartered nonpublic schools who hold valid teaching certificates	1373
or licenses issued by the national board for professional teaching	1374
standards. The superintendent of public instruction shall	1375
administer this program in accordance with this section and rules	1376
which the state board of education shall adopt in accordance with	1377
Chapter 119. of the Revised Code.	1378

In each fiscal year that the general assembly appropriates	1379
funds for purposes of this section, the superintendent of public	1380
instruction shall award a grant to each person who, by the first	1381
day of April of that year and in accordance with the rules adopted	1382
under this section, submits to the superintendent evidence	1383
indicating all of the following:	1384

(1) The person holds a valid certificate or license issued by	1385
the national board for professional teaching standards;	1386

(2) The person has been employed full-time as a teacher by	1387
the board of education of a school district or by a chartered	1388
nonpublic school in this state during the current school year;	1389

(3) The date the person was accepted into the national board	1390
certification or licensure program.	1391

An individual may receive a grant under this section in each	1392
fiscal year the person is eligible for a grant and submits	1393
evidence of that eligibility in accordance with this section.	1394

(B) The amount of the grant awarded to each eligible person	1395
under division (A) of this section in any fiscal year shall equal	1396
the following:	1397

(1) Two thousand five hundred dollars for any teacher	1398
accepted as a candidate for certification or licensure by the	1399
national board on or before May 31, 2003, and issued a certificate	1400
or license by the national board on or before December 31, 2004;	1401

(2) One thousand dollars for any other teacher issued a	1402
certificate or license by the national board.	1403

However, if the funds appropriated for purposes of this	1404
section in any fiscal year are not sufficient to award the full	1405
grant amount to each person who is eligible in that fiscal year,	1406
the superintendent shall prorate the amount of the grant awarded	1407
in that fiscal year to each eligible person.	1408

Sec. 3319.63. The board of education of a school district	1409
that employs any person who is appointed to serve as a member of	1410
the educator standards board under division (A)(1) or (3) of	1411
section 3319.60 of the Revised Code shall grant that person paid	1412
professional leave for the purpose of attending meetings and	1413
conducting official business of the educator standards board.	1414

Section 2. That existing sections 3119.89, 3119.90, 3119.94,	1415
3121.38, 3301.0711, 3302.01, 3302.03, 3302.04, 3313.614, 3317.012,	1416
and 3319.55 of the Revised Code are hereby repealed.	1417

Section 3. (A) The Department of Education shall pay a	1418
stipend to each person who meets the following conditions:	1419

(1) The person holds or held a certificate or license issued	1420
by the National Board for Professional Teaching Standards that was	1421
valid in the 2003-2004 school year.	1422

(2) The person was employed full-time as a teacher by a	1423
chartered nonpublic school in the 2003-2004 school year.	1424

(3) The person did not receive a stipend under section	1425
3319.55 of the Revised Code for the 2003-2004 school year.	1426

(B) Each person who wishes to receive the stipend shall	1427
submit to the Superintendent of Public Instruction, by a date set	1428
by the Superintendent that is not earlier than the sixty-first day	1429
after the effective date of this section, evidence indicating	1430
satisfaction of the conditions prescribed in division (A) of this	1431
section and evidence indicating the date the person was accepted	1432
into the National Board certification or licensure program.	1433

(C) The stipend paid to each eligible person under this	1434
section shall be in the amount of a stipend paid under section	1435
3319.55 of the Revised Code for the 2003-2004 school year to a	1436
similarly certificated or licensed teacher employed by a school	1437
district board of education.	1438

(D) The Department shall pay stipends under this section from	1439
funds earmarked by Section 41.03 of Am. Sub. H.B. 95 of the 125th	1440
General Assembly, as amended, from appropriation item 200-410,	1441
Professional Development, to pay stipends under section 3319.55 of	1442
the Revised Code. The Department first shall use funds so	1443
earmarked for fiscal year 2004 that are encumbered but not	1444
expended prior to the effective date of this section. If those	1445
funds are not sufficient to pay all stipends under this section,	1446
the Department next shall use funds so earmarked for fiscal year	1447
2005.	1448

Section 4. That Section 7 of Am. Sub. S.B. 1 of the 124th	1449
General Assembly is hereby repealed.	1450