REPRESENTATIVES Setzer, C. Evans, Callender, Chandler, Carano, Barrett, Domenick, Flowers, Key, Price, Schlichter, Skindell, Strahorn

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04,

2

3307.01, 3313.28, 3313.33, 3313.53, 3313.713,

3

3318.031, 3319.09, 3319.11, 3319.111, 3319.22,

4

3319.225, 3319.227, 3319.23, 3319.26, 3319.283,

5

3319.29, 3319.291, 3319.31, 3319.311, 3319.36,

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3319.39, 3319.51, 3333.38, and 5126.021; to enact

7

sections 3314.034, 3319.074, 3319.075, 3319.112,

8

3319.25, 3319.261, 3319.27, 3319.303, 3319.56,

9

3319.57, 3319.60, 3319.61, 3319.62, 3319.65,

10

3333.161, and 3333.36; to repeal sections

11

3301.801, 3314.12, and 3319.28 of the Revised

12

Code; to amend Section 12 of Sub. H.B. 364 of the

13

124th General Assembly and to amend Section 12 of

14

Sub. H.B. 364 of the 124th General Assembly for

15

the purpose of changing its number to section

16

3314.021 of the Revised Code; to amend Sections

17

11, 12, 13, and 14 of Am. Sub. H.B. 3 of the 125th

18

General Assembly; and to amend Sections 41.03,

19

41.05, 41.10, 41.19, 41.33, 146, and 152 of Am.

20

Sub. H.B. 95 of the 125th General Assembly to

21

implement recommendations of the Governor's

22

Commission on Teaching Success, to revise the laws

23

with respect to the teaching profession, academic

24

standards, other education policies and programs,

25

and employment by county boards of mental

26

retardation and developmental disabilities, and to

27

extend to November 26, 2004, the deadline for the

28

Ohio Autism Task Force report.

29

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	30
3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04, 3307.01,	31
3313.28, 3313.33, 3313.53, 3313.713, 3318.031, 3319.09, 3319.11,	32
3319.111, 3319.22, 3319.225, 3319.227, 3319.23, 3319.26, 3319.283,	33
3319.29, 3319.291, 3319.31, 3319.311, 3319.36, 3319.39, 3319.51,	34
3333.38, and 5126.021 be amended; that Section 12 of Sub. H.B. 364	35
of the 124th General Assembly be amended and renumbered as section	36
3314.021; and that sections 3314.034, 3319.074, 3319.075,	37
3319.112, 3319.25, 3319.261, 3319.27, 3319.303, 3319.56, 3319.57,	38
3319.60, 3319.61, 3319.62, 3319.65, 3333.161, and 3333.36 of the	39
Revised Code be enacted to read as follows:	40

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	41
state board of education shall adopt statewide academic standards	42
for each of grades kindergarten through twelve in reading,	43
writing, and mathematics. Not later than December 31, 2002, the	44
state board shall adopt statewide academic standards for each of	45
grades kindergarten through twelve in science and social studies.	46
The standards shall specify the academic content and skills that	47
students are expected to know and be able to do at each grade	48
level.	49

(2) When academic standards have been completed for any	50
subject area required by this division, the state board shall	51
inform all school districts of the content of those standards.	52

(B) Not later than eighteen months after the completion of	53
academic standards for any subject area required by division (A)	54
of this section, the state board shall adopt a model curriculum	55
for instruction in that subject area for each of grades	56
kindergarten through twelve that is sufficient to meet the needs	57
of students in every community. The model curriculum shall be	58
aligned with the standards to ensure that the academic content and	59
skills specified for each grade level are taught to students. When	60
any model curriculum has been completed, the state board shall	61
inform all school districts of the content of that model	62
curriculum.	63

All school districts may utilize the state standards and the	64
model curriculum established by the state board, together with	65
other relevant resources, examples, or models to ensure that	66
students have the opportunity to attain the academic standards.	67
Upon request, the department of education shall provide technical	68
assistance to any district in implementing the model curriculum.	69

Nothing in this section requires any school district to	70
utilize all or any part of a model curriculum developed under this	71
division.	72

(C) The state board shall develop achievement tests aligned	73
with the academic standards and model curriculum for each of the	74
subject areas and grade levels required by section 3301.0710 of	75
the Revised Code.	76

When any achievement test has been completed, the state board	77
shall inform all school districts of its completion, and the	78
department of education shall make the achievement test available	79
to the districts. School districts shall administer the	80
achievement test beginning in the school year indicated in section	81
3301.0712 of the Revised Code.	82

(D)(1) Not later than July 1, 20072008, and except as	83
provided in division (D)(3) of this section, the state board shall	84
adopt a diagnostic assessment aligned with the academic standards	85
and model curriculum for each of grades kindergarten through two	86
in reading, writing, and mathematics and for each of grades three	87
through eight in reading, writing, mathematics, science, and	88
social studies. The diagnostic assessment shall be designed to	89
measure student comprehension of academic content and mastery of	90
related skills for the relevant subject area and grade level. Any	91
diagnostic assessment shall not include components to identify	92
gifted students. Blank copies of diagnostic tests shall be public	93
records.	94

(2) When each diagnostic assessment has been completed, the	95
state board shall inform all school districts of its completion	96
and the department of education shall make the diagnostic	97
assessment available to the districts at no cost to the district.	98
School districts shall administer the diagnostic assessment	99
pursuant to section 3301.0715 of the Revised Code beginning the	100
first school year following the development of the assessment.	101

(3) The state board shall not adopt a diagnostic assessment	102
for any subject area and grade level for which the state board	103
develops an achievement test under division (C) of this section.	104

(E) Whenever the state board or the department of education	105
consults with persons for the purpose of drafting or reviewing any	106
standards, diagnostic assessments, achievement tests, or model	107
curriculum required under this section, the state board or the	108
department shall first consult with parents of students in	109
kindergarten through twelfth grade and with active Ohio classroom	110
teachers, other school personnel, and administrators with	111
expertise in the appropriate subject area. Whenever practicable,	112
the state board and department shall consult with teachers	113
recognized as outstanding in their fields.	114

If the department contracts with more than one outside entity	115
for the development of the achievement tests required by this	116
section, the department shall ensure the interchangeability of	117
those tests.	118

(F) The fairness sensitivity review committee, established by	119
rule of the state board of education, shall not allow any question	120
on any achievement test or diagnostic assessment developed under	121
this section or any proficiency test prescribed by former section	122
3301.0710 of the Revised Code, as it existed prior to September	123
11, 2001, to include, be written to promote, or inquire as to	124
individual moral or social values or beliefs. The decision of the	125
committee shall be final. This section does not create a private	126
cause of action.	127

Sec. 3301.0710.  The state board of education shall adopt	128
rules establishing a statewide program to test student	129
achievement. The state board shall ensure that all tests	130
administered under the testing program are aligned with the	131
academic standards and model curricula adopted by the state board	132
and are created with input from Ohio parents, Ohio classroom	133
teachers, Ohio school administrators, and other Ohio school	134
personnel pursuant to section 3301.079 of the Revised Code.	135

The testing program shall be designed to ensure that students	136
who receive a high school diploma demonstrate at least high school	137
levels of achievement in reading, writing, mathematics, science,	138
and social studies.	139

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

140

(a) Two statewide achievement tests, one each designed to	141
measure the level of reading and mathematics skill expected at the	142
end of third grade;	143

(b) Three statewide achievement tests, one each designed to	144
measure the level of reading, writing, and mathematics skill	145
expected at the end of fourth grade;	146

(c) Four statewide achievement tests, one each designed to	147
measure the level of reading, mathematics, science, and social	148
studies skill expected at the end of fifth grade;	149

(d) Two statewide achievement tests, one each designed to	150
measure the level of reading and mathematics skill expected at the	151
end of sixth grade;	152

(e) Three statewide achievement tests, one each designed to	153
measure the level of reading, writing, and mathematics skill	154
expected at the end of seventh grade;	155

(f) Four statewide achievement tests, one each designed to	156
measure the level of reading, mathematics, science, and social	157
studies skill expected at the end of eighth grade.	158

(2) The state board shall determine and designate at least	159
five ranges of scores on each of the achievement tests described	160
in divisions (A)(1) and (B) of this section. Each range of scores	161
shall be deemed to demonstrate a level of achievement so that any	162
student attaining a score within such range has achieved one of	163
the following:	164

(a) An advanced level of skill;

165

(b) An accelerated level of skill;

166

(c) A proficient level of skill;

167

(d) A basic level of skill;

168

(e) A limited level of skill.

169

(B) The tests prescribed under this division shall	170
collectively be known as the Ohio graduation tests. The state	171
board shall prescribe five statewide high school achievement	172
tests, one each designed to measure the level of reading, writing,	173
mathematics, science, and social studies skill expected at the end	174
of tenth grade. The state board shall designate a score in at	175
least the range designated under division (A)(2)(c) of this	176
section on each such test that shall be deemed to be a passing	177
score on the test as a condition toward granting high school	178
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	179
of the Revised Code.	180

The state board may enter into a reciprocal agreement with	181
the appropriate body or agency of any other state that has similar	182
statewide achievement testing requirements for receiving high	183
school diplomas, under which any student who has met an	184
achievement testing requirement of one state is recognized as	185
having met the similar achievement testing requirement of the	186
other state for purposes of receiving a high school diploma. For	187
purposes of this section and sections 3301.0711 and 3313.61 of the	188
Revised Code, any student enrolled in any public high school in	189
this state who has met an achievement testing requirement	190
specified in a reciprocal agreement entered into under this	191
division shall be deemed to have attained at least the applicable	192
score designated under this division on each test required by this	193
division that is specified in the agreement.	194

(C) The state board shall annually designate as follows the	195
dates on which the tests prescribed under this section shall be	196
administered:	197

(1) For the reading test prescribed under division (A)(1)(a)	198
of this section, as follows:	199

(a) One date prior to the thirty-first day of December each	200
school year;	201

(b) At least one date of each school year that is not earlier	202
than Monday of the week containing the eighth day of March;	203

(c) One date during the summer that is not earlier than the	204
tenth day of June nor later than the fifteenth day of July for	205
students receiving summer remediation services under section	206
3313.608 of the Revised Code.	207

(2) For the mathematics test prescribed under division	208
(A)(1)(a) of this section and the tests prescribed under divisions	209
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	210
date of each school year that is not earlier than Monday of the	211
week containing the eighth day of March;	212

(3) For the tests prescribed under division (B) of this	213
section, at least one date in each school year that is not earlier	214
than Monday of the week containing the fifteenth day of March for	215
all tenth grade students and at least one date prior to the	216
thirty-first day of December and at least one date subsequent to	217
that date but prior to the thirty-first day of March of each	218
school year for eleventh and twelfth grade students.	219

(D) In prescribing test dates pursuant to division (C)(3) of	220
this section, the state board shall, to the greatest extent	221
practicable, provide options to school districts in the case of	222
tests administered under that division to eleventh and twelfth	223
grade students and in the case of tests administered to students	224
pursuant to division (C)(2) of section 3301.0711 of the Revised	225
Code. Such options shall include at least an opportunity for	226
school districts to give such tests outside of regular school	227
hours.	228

(E) In prescribing test dates pursuant to this section, the	229
state board of education shall designate the dates in such a way	230
as to allow a reasonable length of time between the administration	231
of tests prescribed under this section and any administration of	232
the National Assessment of Education Progress Test given to	233
students in the same grade level pursuant to section 3301.27 of	234
the Revised Code or federal law.	235

(F) The state board shall prescribe a practice version of	236
each Ohio graduation test described in division (B) of this	237
section that is of comparable length to the actual test.	238

(F)(G) Any committee established by the department of	239
education for the purpose of making recommendations to the state	240
board regarding the state board's designation of scores on the	241
tests described by this section shall inform the state board of	242
the probable percentage of students who would score in each of the	243
ranges established under division (A)(2) of this section on the	244
tests if the committee's recommendations are adopted by the state	245
board. To the extent possible, these percentages shall be	246
disaggregated by gender, major racial and ethnic groups, limited	247
English proficient students, economically disadvantaged students,	248
students with disabilities, and migrant students.	249

If the state board intends to make any change to the	250
committee's recommendations, the state board shall explain the	251
intended change to the Ohio accountability task force established	252
by section 3302.021 of the Revised Code. The task force shall	253
recommend whether the state board should proceed to adopt the	254
intended change. Nothing in this division shall require the state	255
board to designate test scores based upon the recommendations of	256
the task force.	257

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

258

(1) Annually furnish to, grade, and score all tests required	259
by section 3301.0710 of the Revised Code to be administered by	260
city, local, exempted village, and joint vocational school	261
districts, except that each district shall score any test	262
administered pursuant to division (B)(8)(10) of this section. In	263
furnishing the practice versions of Ohio graduation tests	264
prescribed by division (F) of section 3301.0710 of the Revised	265
Code, the department shall make the tests available on its website	266
web site for reproduction by districts. In awarding contracts for	267
grading tests, the department shall give preference to Ohio-based	268
entities employing Ohio residents.	269

(2) Adopt rules for the ethical use of tests and prescribing	270
the manner in which the tests prescribed by section 3301.0710 of	271
the Revised Code shall be administered to students.	272

(B) Except as provided in divisions (C) and (J) of this	273
section, the board of education of each city, local, and exempted	274
village school district shall, in accordance with rules adopted	275
under division (A) of this section:	276

(1) Administer the reading test prescribed under division	277
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	278
to all students in the third grade who have not attained the score	279
designated for that test under division (A)(2)(c) of section	280
3301.0710 of the Revised Code and once each summer to students	281
receiving summer remediation services under section 3313.608 of	282
the Revised Code.	283

(2) Administer the mathematics test prescribed under division	284
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	285
annually to all students in the third grade.	286

(3) Administer the tests prescribed under division (A)(1)(b)	287
of section 3301.0710 of the Revised Code at least once annually to	288
all students in the fourth grade.	289

(4) Administer the tests prescribed under division (A)(1)(c)	290
of section 3301.0710 of the Revised Code at least once annually to	291
all students in the fifth grade.	292

(5) Administer the tests prescribed under division (A)(1)(d)	293
of section 3301.0710 of the Revised Code at least once annually to	294
all students in the sixth grade.	295

(6) Administer the tests prescribed under division (A)(1)(e)	296
of section 3301.0710 of the Revised Code at least once annually to	297
all students in the seventh grade.	298

(7) Administer the tests prescribed under division (A)(1)(f)	299
of section 3301.0710 of the Revised Code at least once annually to	300
all students in the eighth grade.	301

(8) Except as provided in division (B)(9) of this section,	302
administer any test prescribed under division (B) of section	303
3301.0710 of the Revised Code as follows:	304

(a) At least once annually to all tenth grade students and at	305
least twice annually to all students in eleventh or twelfth grade	306
who have not yet attained the score on that test designated under	307
that division;	308

(b) To any person who has successfully completed the	309
curriculum in any high school or the individualized education	310
program developed for the person by any high school pursuant to	311
section 3323.08 of the Revised Code but has not received a high	312
school diploma and who requests to take such test, at any time	313
such test is administered in the district.	314

(9) In lieu of the board of education of any city, local, or	315
exempted village school district in which the student is also	316
enrolled, the board of a joint vocational school district shall	317
administer any test prescribed under division (B) of section	318
3301.0710 of the Revised Code at least twice annually to any	319
student enrolled in the joint vocational school district who has	320
not yet attained the score on that test designated under that	321
division. A board of a joint vocational school district may also	322
administer such a test to any student described in division	323
(B)(8)(b) of this section.	324

(8)(10) If the district has been declared to be under an	325
academic watch or in a state of academic emergency pursuant to	326
section 3302.03 of the Revised Code or has a three-year average	327
graduation rate of not more than seventy-five per cent, administer	328
each test prescribed by division (F) of section 3301.0710 of the	329
Revised Code in September to all ninth grade students, beginning	330
in the school year that starts July 1, 20042005.	331

(C)(1)(a) Any student receiving special education services	332
under Chapter 3323. of the Revised Code may be excused from taking	333
any particular test required to be administered under this section	334
if the individualized education program developed for the student	335
pursuant to section 3323.08 of the Revised Code excuses the	336
student from taking that test and instead specifies an alternate	337
assessment method approved by the department of education as	338
conforming to requirements of federal law for receipt of federal	339
funds for disadvantaged pupils. To the extent possible, the	340
individualized education program shall not excuse the student from	341
taking a test unless no reasonable accommodation can be made to	342
enable the student to take the test.	343

(b) Any alternate assessment approved by the department for a	344
student under this division shall produce measurable results	345
comparable to those produced by the tests which the alternate	346
assessments are replacing in order to allow for the student's	347
assessment results to be included in the data compiled for a	348
school district or building under section 3302.03 of the Revised	349
Code.	350

(c) Any student enrolled in a chartered nonpublic school who	351
has been identified, based on an evaluation conducted in	352
accordance with section 3323.03 of the Revised Code or section 504	353
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	354
794, as amended, as a child with a disability shall be excused	355
from taking any particular test required to be administered under	356
this section if a plan developed for the student pursuant to rules	357
adopted by the state board excuses the student from taking that	358
test. In the case of any student so excused from taking a test,	359
the chartered nonpublic school shall not prohibit the student from	360
taking the test.	361

(2) A district board may, for medical reasons or other good	362
cause, excuse a student from taking a test administered under this	363
section on the date scheduled, but any such test shall be	364
administered to such excused student not later than nine days	365
following the scheduled date. The board shall annually report the	366
number of students who have not taken one or more of the tests	367
required by this section to the state board of education not later	368
than the thirtieth day of June.	369

(3) As used in this division, "limited English proficient	370
student" has the same meaning as in 20 U.S.C. 7801.	371

No school district board shall excuse any limited English	372
proficient student from taking any particular test required to be	373
administered under this section, but a board may permit any	374
limited English proficient student to take the test with	375
appropriate accommodations, as determined by the department. For	376
each limited English proficient student, each school district	377
shall annually assess that student's progress in learning English,	378
in accordance with procedures approved by the department.	379

The governing authority of a chartered nonpublic school may	380
excuse a limited English proficient student from taking any test	381
administered under this section. However, no governing authority	382
shall prohibit a limited English proficient student from taking	383
the test.	384

(D)(1) In the school year next succeeding the school year in	385
which the tests prescribed by division (A)(1) or (B) of section	386
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	387
or (B) of section 3301.0710 of the Revised Code as it existed	388
prior to September 11, 2001, are administered to any student, the	389
board of education of any school district in which the student is	390
enrolled in that year shall provide to the student intervention	391
services commensurate with the student's test performance,	392
including any intensive intervention required under section	393
3313.608 of the Revised Code, in any skill in which the student	394
failed to demonstrate at least a score at the proficient level on	395
the test.	396

(2) Following any administration of the tests prescribed by	397
division (F) of section 3301.0710 of the Revised Code to ninth	398
grade students, each school district that has been declared to be	399
in a state of academic emergency pursuant to section 3302.03 of	400
the Revised Codea three-year average graduation rate of not more	401
than seventy-five per cent shall determine for each high school in	402
the district whether the school shall be required to provide	403
intervention services to any students who took the tests. In	404
determining which high schools shall provide intervention services	405
based on the resources available, the district shall consider each	406
school's graduation rate and scores on the practice tests. If any	407
achievement tests in reading and math are adopted by the state	408
board of education for administration in the eighth grade, theThe	409
district also shall consider the scores received by ninth grade	410
students on thosethe reading and mathematics tests prescribed	411
under division (A)(1)(f) of section 3301.0710 of the Revised Code	412
in the eighth grade in determining which high schools shall	413
provide intervention services.	414

Each high school selected to provide intervention services	415
under this division shall provide intervention services to any	416
student whose test results indicate that the student is failing to	417
make satisfactory progress toward being able to attain scores at	418
the proficient level on the Ohio Graduation Testsgraduation	419
tests. Intervention services shall be provided in any skill in	420
which a student demonstrates unsatisfactory progress and shall be	421
commensurate with the student's test performance. Schools shall	422
provide the intervention services prior to the end of the school	423
year, during the summer following the ninth grade, in the next	424
succeeding school year, or at any combination of those times.	425

(E) Except as provided in section 3313.608 of the Revised	426
Code and division (M) of this section, no school district board of	427
education shall utilize any student's failure to attain a	428
specified score on any test administered under this section as a	429
factor in any decision to deny the student promotion to a higher	430
grade level. However, a district board may choose not to promote	431
to the next grade level any student who does not take any test	432
administered under this section or make up such test as provided	433
by division (C)(2) of this section.	434

(F) No person shall be charged a fee for taking any test	435
administered under this section.	436

(G) Not later than sixty days after any administration of any	437
test prescribed by division (A)(1) or (B) of section 3301.0710 of	438
the Revised Code, the department shall send to each school	439
district board a list of the individual test scores of all persons	440
taking the test. For any tests administered under this section by	441
a joint vocational school district, the department shall also send	442
to each city, local, or exempted village school district a list of	443
the individual test scores of any students of such city, local, or	444
exempted village school district who are attending school in the	445
joint vocational school district.	446

(H) Individual test scores on any tests administered under	447
this section shall be released by a district board only in	448
accordance with section 3319.321 of the Revised Code and the rules	449
adopted under division (A) of this section. No district board or	450
its employees shall utilize individual or aggregate test results	451
in any manner that conflicts with rules for the ethical use of	452
tests adopted pursuant to division (A) of this section.	453

(I) Except as provided in division (G) of this section, the	454
department shall not release any individual test scores on any	455
test administered under this section and shall adopt rules to	456
ensure the protection of student confidentiality at all times.	457

(J) Notwithstanding division (D) of section 3311.52 of the	458
Revised Code, this section does not apply to the board of	459
education of any cooperative education school district except as	460
provided under rules adopted pursuant to this division.	461

(1) In accordance with rules that the state board of	462
education shall adopt, the board of education of any city,	463
exempted village, or local school district with territory in a	464
cooperative education school district established pursuant to	465
divisions (A) to (C) of section 3311.52 of the Revised Code may	466
enter into an agreement with the board of education of the	467
cooperative education school district for administering any test	468
prescribed under this section to students of the city, exempted	469
village, or local school district who are attending school in the	470
cooperative education school district.	471

(2) In accordance with rules that the state board of	472
education shall adopt, the board of education of any city,	473
exempted village, or local school district with territory in a	474
cooperative education school district established pursuant to	475
section 3311.521 of the Revised Code shall enter into an agreement	476
with the cooperative district that provides for the administration	477
of any test prescribed under this section to both of the	478
following:	479

(a) Students who are attending school in the cooperative	480
district and who, if the cooperative district were not	481
established, would be entitled to attend school in the city,	482
local, or exempted village school district pursuant to section	483
3313.64 or 3313.65 of the Revised Code;	484

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

485

Any testing of students pursuant to such an agreement shall	486
be in lieu of any testing of such students or persons pursuant to	487
this section.	488

(K)(1) Any chartered nonpublic school may participate in the	489
testing program by administering any of the tests prescribed by	490
section 3301.0710 or 3301.0712 of the Revised Code if the chief	491
administrator of the school specifies which tests the school	492
wishes to administer. Such specification shall be made in writing	493
to the superintendent of public instruction prior to the first day	494
of August of any school year in which tests are administered and	495
shall include a pledge that the nonpublic school will administer	496
the specified tests in the same manner as public schools are	497
required to do under this section and rules adopted by the	498
department.	499

(2) The department of education shall furnish the tests	500
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	501
to any chartered nonpublic school electing to participate under	502
this division.	503

(L)(1) The superintendent of the state school for the blind	504
and the superintendent of the state school for the deaf shall	505
administer the tests described by section 3301.0710 of the Revised	506
Code. Each superintendent shall administer the tests in the same	507
manner as district boards are required to do under this section	508
and rules adopted by the department of education and in conformity	509
with division (C)(1)(a) of this section.	510

(2) The department of education shall furnish the tests	511
described by section 3301.0710 of the Revised Code to each	512
superintendent.	513

(M) Notwithstanding division (E) of this section, a school	514
district may use a student's failure to attain a score in at least	515
the basic range on the mathematics test described by division	516
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	517
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	518
of section 3301.0710 of the Revised Code as a factor in retaining	519
that student in the current grade level.	520

(N)(1) AllThe tests required by section 3301.0710 of the	521
Revised Code shall become public records pursuant to section	522
149.43 of the Revised Code on the first day of July following the	523
school year that the test was administered, except that the	524
reading test prescribed under division (A)(1)(a) of section	525
3301.0710 of the Revised Code shall become a public record on the	526
sixteenth day of July following the school year that the test was	527
administered.	528

(2) The department may field test proposed test questions	529
with samples of students to determine the validity, reliability,	530
or appropriateness of test questions for possible inclusion in a	531
future year's test. The department also may use anchor questions	532
on tests to ensure that different versions of the same test are of	533
comparable difficulty.	534

Field test questions and anchor questions shall not be	535
considered in computing test scores for individual students. Field	536
test questions and anchor questions may be included as part of the	537
administration of any test required by section 3301.0710 of the	538
Revised Code.	539

(3) Any field test question or anchor question administered	540
under division (N)(2) of this section shall not be a public	541
record. Such field test questions and anchor questions shall be	542
redacted from any tests which are released as a public record	543
pursuant to division (N)(1) of this section.	544

(O) As used in this section, "three-year average" and	545
"graduation rate" have the same meanings as in section 3302.01 of	546
the Revised Code.	547

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	548
3301.0711 of the Revised Code, the state board of education shall	549
continue to prescribe and the department of education and each	550
school district shall continue to administer any proficiency test	551
in accordance with those former sections, as they existed prior to	552
September 11, 2001, until the applicable test is no longer	553
required to be administered as indicated on the chart below. When	554
any achievement test has been developed and made available in	555
accordance with section 3301.079 of the Revised Code, such	556
achievement test shall be administered to students under sections	557
3301.0710 and 3301.0711 of the Revised Code beginning in the	558
school year indicated on the chart below. School districts shall	559
continue to provide intervention services as required under former	560
division (D) of section 3301.0711 of the Revised Code, as it	561
existed prior to September 11, 2001, to students who fail to	562
attain a score in the proficient range on a fourth grade	563
proficiency test.	564

(B) Notwithstanding division (A) of this section, the state	593
board shall continue to prescribe and school districts and	594
chartered nonpublic schools shall continue to administer ninth	595
grade proficiency tests in reading, writing, mathematics, science,	596
and citizenship to students who enter ninth grade prior to July 1,	597
2003, for as long as those students remain eligible under section	598
3313.614 of the Revised Code to receive their high school diplomas	599
based on passage of those ninth grade proficiency tests.	600

Sec. 3301.0714.  (A) The state board of education shall adopt	601
rules for a statewide education management information system. The	602
rules shall require the state board to establish guidelines for	603
the establishment and maintenance of the system in accordance with	604
this section and the rules adopted under this section. The	605
guidelines shall include:	606

(1) Standards identifying and defining the types of data in	607
the system in accordance with divisions (B) and (C) of this	608
section;	609

(2) Procedures for annually collecting and reporting the data	610
to the state board in accordance with division (D) of this	611
section;	612

(3) Procedures for annually compiling the data in accordance	613
with division (G) of this section;	614

(4) Procedures for annually reporting the data to the public	615
in accordance with division (H) of this section.	616

(B) The guidelines adopted under this section shall require	617
the data maintained in the education management information system	618
to include at least the following:	619

(1) Student participation and performance data, for each	620
grade in each school district as a whole and for each grade in	621
each school building in each school district, that includes:	622

(a) The numbers of students receiving each category of	623
instructional service offered by the school district, such as	624
regular education instruction, vocational education instruction,	625
specialized instruction programs or enrichment instruction that is	626
part of the educational curriculum, instruction for gifted	627
students, instruction for handicapped students, and remedial	628
instruction. The guidelines shall require instructional services	629
under this division to be divided into discrete categories if an	630
instructional service is limited to a specific subject, a specific	631
type of student, or both, such as regular instructional services	632
in mathematics, remedial reading instructional services,	633
instructional services specifically for students gifted in	634
mathematics or some other subject area, or instructional services	635
for students with a specific type of handicap. The categories of	636
instructional services required by the guidelines under this	637
division shall be the same as the categories of instructional	638
services used in determining cost units pursuant to division	639
(C)(3) of this section.	640

(b) The numbers of students receiving support or	641
extracurricular services for each of the support services or	642
extracurricular programs offered by the school district, such as	643
counseling services, health services, and extracurricular sports	644
and fine arts programs. The categories of services required by the	645
guidelines under this division shall be the same as the categories	646
of services used in determining cost units pursuant to division	647
(C)(4)(a) of this section.	648

(c) Average student grades in each subject in grades nine	649
through twelve;	650

(d) Academic achievement levels as assessed by the testing of	651
student achievement under sections 3301.0710 and 3301.0711 of the	652
Revised Code;	653

(e) The number of students designated as having a	654
handicapping condition pursuant to division (C)(1) of section	655
3301.0711 of the Revised Code;	656

(f) The numbers of students reported to the state board	657
pursuant to division (C)(2) of section 3301.0711 of the Revised	658
Code;	659

(g) Attendance rates and the average daily attendance for the	660
year. For purposes of this division, a student shall be counted as	661
present for any field trip that is approved by the school	662
administration.	663

(h) Expulsion rates;

664

(i) Suspension rates;

665

(j) The percentage of students receiving corporal punishment;

666

(k) Dropout rates;

667

(l) Rates of retention in grade;

668

(m) For pupils in grades nine through twelve, the average	669
number of carnegie units, as calculated in accordance with state	670
board of education rules;	671

(n) Graduation rates, to be calculated in a manner specified	672
by the department of education that reflects the rate at which	673
students who were in the ninth grade three years prior to the	674
current year complete school and that is consistent with	675
nationally accepted reporting requirements;	676

(o) Results of diagnostic assessments administered to	677
kindergarten students as required under section 3301.0715 of the	678
Revised Code to permit a comparison of the academic readiness of	679
kindergarten students. However, no district shall be required to	680
report to the department the results of any diagnostic assessment	681
administered to a kindergarten student if the parent of that	682
student requests the district not to report those results.	683

(2) Personnel and classroom enrollment data for each school	684
district, including:	685

(a) The total numbers of licensed employees and nonlicensed	686
employees and the numbers of full-time equivalent licensed	687
employees and nonlicensed employees providing each category of	688
instructional service, instructional support service, and	689
administrative support service used pursuant to division (C)(3) of	690
this section. The guidelines adopted under this section shall	691
require these categories of data to be maintained for the school	692
district as a whole and, wherever applicable, for each grade in	693
the school district as a whole, for each school building as a	694
whole, and for each grade in each school building.	695

(b) The total number of employees and the number of full-time	696
equivalent employees providing each category of service used	697
pursuant to divisions (C)(4)(a) and (b) of this section, and the	698
total numbers of licensed employees and nonlicensed employees and	699
the numbers of full-time equivalent licensed employees and	700
nonlicensed employees providing each category used pursuant to	701
division (C)(4)(c) of this section. The guidelines adopted under	702
this section shall require these categories of data to be	703
maintained for the school district as a whole and, wherever	704
applicable, for each grade in the school district as a whole, for	705
each school building as a whole, and for each grade in each school	706
building.	707

(c) The total number of regular classroom teachers teaching	708
classes of regular education and the average number of pupils	709
enrolled in each such class, in each of grades kindergarten	710
through five in the district as a whole and in each school	711
building in the school district.	712

(d) The number of master teachers employed by each school	713
district and each school building, once a definition of master	714
teacher has been developed by the educator standards board	715
pursuant to section 3319.61 of the Revised Code.	716

(3)(a) Student demographic data for each school district,	717
including information regarding the gender ratio of the school	718
district's pupils, the racial make-up of the school district's	719
pupils, the number of limited English proficient students in the	720
district, and an appropriate measure of the number of the school	721
district's pupils who reside in economically disadvantaged	722
households. The demographic data shall be collected in a manner to	723
allow correlation with data collected under division (B)(1) of	724
this section. Categories for data collected pursuant to division	725
(B)(3) of this section shall conform, where appropriate, to	726
standard practices of agencies of the federal government.	727

(b) With respect to each student entering kindergarten,	728
whether the student previously participated in a public preschool	729
program, a private preschool program, or a head start program, and	730
the number of years the student participated in each of these	731
programs.	732

(4) Any data required to be collected pursuant to federal	733
law.	734

(C) The education management information system shall include	735
cost accounting data for each district as a whole and for each	736
school building in each school district. The guidelines adopted	737
under this section shall require the cost data for each school	738
district to be maintained in a system of mutually exclusive cost	739
units and shall require all of the costs of each school district	740
to be divided among the cost units. The guidelines shall require	741
the system of mutually exclusive cost units to include at least	742
the following:	743

(1) Administrative costs for the school district as a whole.	744
The guidelines shall require the cost units under this division	745
(C)(1) to be designed so that each of them may be compiled and	746
reported in terms of average expenditure per pupil in formula ADM	747
in the school district, as determined pursuant to section 3317.03	748
of the Revised Code.	749

(2) Administrative costs for each school building in the	750
school district. The guidelines shall require the cost units under	751
this division (C)(2) to be designed so that each of them may be	752
compiled and reported in terms of average expenditure per	753
full-time equivalent pupil receiving instructional or support	754
services in each building.	755

(3) Instructional services costs for each category of	756
instructional service provided directly to students and required	757
by guidelines adopted pursuant to division (B)(1)(a) of this	758
section. The guidelines shall require the cost units under	759
division (C)(3) of this section to be designed so that each of	760
them may be compiled and reported in terms of average expenditure	761
per pupil receiving the service in the school district as a whole	762
and average expenditure per pupil receiving the service in each	763
building in the school district and in terms of a total cost for	764
each category of service and, as a breakdown of the total cost, a	765
cost for each of the following components:	766

(a) The cost of each instructional services category required	767
by guidelines adopted under division (B)(1)(a) of this section	768
that is provided directly to students by a classroom teacher;	769

(b) The cost of the instructional support services, such as	770
services provided by a speech-language pathologist, classroom	771
aide, multimedia aide, or librarian, provided directly to students	772
in conjunction with each instructional services category;	773

(c) The cost of the administrative support services related	774
to each instructional services category, such as the cost of	775
personnel that develop the curriculum for the instructional	776
services category and the cost of personnel supervising or	777
coordinating the delivery of the instructional services category.	778

(4) Support or extracurricular services costs for each	779
category of service directly provided to students and required by	780
guidelines adopted pursuant to division (B)(1)(b) of this section.	781
The guidelines shall require the cost units under division (C)(4)	782
of this section to be designed so that each of them may be	783
compiled and reported in terms of average expenditure per pupil	784
receiving the service in the school district as a whole and	785
average expenditure per pupil receiving the service in each	786
building in the school district and in terms of a total cost for	787
each category of service and, as a breakdown of the total cost, a	788
cost for each of the following components:	789

(a) The cost of each support or extracurricular services	790
category required by guidelines adopted under division (B)(1)(b)	791
of this section that is provided directly to students by a	792
licensed employee, such as services provided by a guidance	793
counselor or any services provided by a licensed employee under a	794
supplemental contract;	795

(b) The cost of each such services category provided directly	796
to students by a nonlicensed employee, such as janitorial	797
services, cafeteria services, or services of a sports trainer;	798

(c) The cost of the administrative services related to each	799
services category in division (C)(4)(a) or (b) of this section,	800
such as the cost of any licensed or nonlicensed employees that	801
develop, supervise, coordinate, or otherwise are involved in	802
administering or aiding the delivery of each services category.	803

(D)(1) The guidelines adopted under this section shall	804
require school districts to collect information about individual	805
students, staff members, or both in connection with any data	806
required by division (B) or (C) of this section or other reporting	807
requirements established in the Revised Code. The guidelines may	808
also require school districts to report information about	809
individual staff members in connection with any data required by	810
division (B) or (C) of this section or other reporting	811
requirements established in the Revised Code. The guidelines shall	812
not authorize school districts to request social security numbers	813
of individual students. The guidelines shall prohibit the	814
reporting under this section of a student's name, address, and	815
social security number to the state board of education or the	816
department of education. The guidelines shall also prohibit the	817
reporting under this section of any personally identifiable	818
information about any student, except for the purpose of assigning	819
the data verification code required by division (D)(2) of this	820
section, to any other person unless such person is employed by the	821
school district or the data acquisition site operated under	822
section 3301.075 of the Revised Code and is authorized by the	823
district or acquisition site to have access to such information.	824
The guidelines may require school districts to provide the social	825
security numbers of individual staff members.	826

(2) The guidelines shall provide for each school district or	827
community school to assign a data verification code that is unique	828
on a statewide basis over time to each student whose initial Ohio	829
enrollment is in that district or school and to report all	830
required individual student data for that student utilizing such	831
code. The guidelines shall also provide for assigning data	832
verification codes to all students enrolled in districts or	833
community schools on the effective date of the guidelines	834
established under this section.	835

Individual student data shall be reported to the department	836
through the data acquisition sites utilizing the code but at no	837
time shall the state board or the department have access to	838
information that would enable any data verification code to be	839
matched to personally identifiable student data.	840

Each school district shall ensure that the data verification	841
code is included in the student's records reported to any	842
subsequent school district or community school in which the	843
student enrolls. Any such subsequent district or school shall	844
utilize the same identifier in its reporting of data under this	845
section.	846

(E) The guidelines adopted under this section may require	847
school districts to collect and report data, information, or	848
reports other than that described in divisions (A), (B), and (C)	849
of this section for the purpose of complying with other reporting	850
requirements established in the Revised Code. The other data,	851
information, or reports may be maintained in the education	852
management information system but are not required to be compiled	853
as part of the profile formats required under division (G) of this	854
section or the annual statewide report required under division (H)	855
of this section.	856

(F) Beginning with the school year that begins July 1, 1991,	857
the board of education of each school district shall annually	858
collect and report to the state board, in accordance with the	859
guidelines established by the board, the data required pursuant to	860
this section. A school district may collect and report these data	861
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	862

(G) The state board shall, in accordance with the procedures	863
it adopts, annually compile the data reported by each school	864
district pursuant to division (D) of this section. The state board	865
shall design formats for profiling each school district as a whole	866
and each school building within each district and shall compile	867
the data in accordance with these formats. These profile formats	868
shall:	869

(1) Include all of the data gathered under this section in a	870
manner that facilitates comparison among school districts and	871
among school buildings within each school district;	872

(2) Present the data on academic achievement levels as	873
assessed by the testing of student achievement maintained pursuant	874
to division (B)(1)(d) of this section.	875

(H)(1) The state board shall, in accordance with the	876
procedures it adopts, annually prepare a statewide report for all	877
school districts and the general public that includes the profile	878
of each of the school districts developed pursuant to division (G)	879
of this section. Copies of the report shall be sent to each school	880
district.	881

(2) The state board shall, in accordance with the procedures	882
it adopts, annually prepare an individual report for each school	883
district and the general public that includes the profiles of each	884
of the school buildings in that school district developed pursuant	885
to division (G) of this section. Copies of the report shall be	886
sent to the superintendent of the district and to each member of	887
the district board of education.	888

(3) Copies of the reports received from the state board under	889
divisions (H)(1) and (2) of this section shall be made available	890
to the general public at each school district's offices. Each	891
district board of education shall make copies of each report	892
available to any person upon request and payment of a reasonable	893
fee for the cost of reproducing the report. The board shall	894
annually publish in a newspaper of general circulation in the	895
school district, at least twice during the two weeks prior to the	896
week in which the reports will first be available, a notice	897
containing the address where the reports are available and the	898
date on which the reports will be available.	899

(I) Any data that is collected or maintained pursuant to this	900
section and that identifies an individual pupil is not a public	901
record for the purposes of section 149.43 of the Revised Code.	902

(J) As used in this section:

903

(1) "School district" means any city, local, exempted	904
village, or joint vocational school district.	905

(2) "Cost" means any expenditure for operating expenses made	906
by a school district excluding any expenditures for debt	907
retirement except for payments made to any commercial lending	908
institution for any loan approved pursuant to section 3313.483 of	909
the Revised Code.	910

(K) Any person who removes data from the information system	911
established under this section for the purpose of releasing it to	912
any person not entitled under law to have access to such	913
information is subject to section 2913.42 of the Revised Code	914
prohibiting tampering with data.	915

(L) Any time the department of education determines that a	916
school district has taken any of the actions described under	917
division (L)(1), (2), or (3) of this section, it shall make a	918
report of the actions of the district, send a copy of the report	919
to the superintendent of such school district, and maintain a copy	920
of the report in its files:	921

(1) The school district fails to meet any deadline	922
established pursuant to this section for the reporting of any data	923
to the education management information system;	924

(2) The school district fails to meet any deadline	925
established pursuant to this section for the correction of any	926
data reported to the education management information system;	927

(3) The school district reports data to the education	928
management information system in a condition, as determined by the	929
department, that indicates that the district did not make a good	930
faith effort in reporting the data to the system.	931

Any report made under this division shall include	932
recommendations for corrective action by the school district.	933

Upon making a report for the first time in a fiscal year, the	934
department shall withhold ten per cent of the total amount due	935
during that fiscal year under Chapter 3317. of the Revised Code to	936
the school district to which the report applies. Upon making a	937
second report in a fiscal year, the department shall withhold an	938
additional twenty per cent of such total amount due during that	939
fiscal year to the school district to which the report applies.	940
The department shall not release such funds unless it determines	941
that the district has taken corrective action. However, no such	942
release of funds shall occur if the district fails to take	943
corrective action within forty-five days of the date upon which	944
the report was made by the department.	945

(M) No data acquisition site or school district shall	946
acquire, change, or update its student administration software	947
package to manage and report data required to be reported to the	948
department unless it converts to a student software package that	949
is certified by the department.	950

(N) The state board of education, in accordance with sections	951
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	952
license as defined under division (A) of section 3319.31 of the	953
Revised Code that has been issued to any school district employee	954
found to have willfully reported erroneous, inaccurate, or	955
incomplete data to the education management information system.	956

(O) No person shall release or maintain any information about	957
any student in violation of this section. Whoever violates this	958
division is guilty of a misdemeanor of the fourth degree.	959

(P) The department shall disaggregate the data collected	960
under division (B)(1)(o) of this section according to the race and	961
socioeconomic status of the students assessed. No data collected	962
under that division shall be included on the report cards required	963
by section 3302.03 of the Revised Code.	964

(Q) If the department cannot compile any of the information	965
required by division (C)(5) of section 3302.03 of the Revised Code	966
based upon the data collected under this section, the department	967
shall develop a plan and a reasonable timeline for the collection	968
of any data necessary to comply with that division.	969

Sec. 3301.0715.  (A) Except as provided in division (E) of	970
this section, the board of education of each city, local, and	971
exempted village school district shall administer each applicable	972
diagnostic assessment developed and provided to the district in	973
accordance with section 3301.079 of the Revised Code to the	974
following:	975

(1) Each student enrolled in a building subject to division	976
(E) of section 3302.04 of the Revised Code;	977

(2) Any student who transfers into the district or to a	978
different school within the district if each applicable diagnostic	979
assessment was not administered by the district or school the	980
student previously attended in the current school year, within	981
thirty days after the date of transfer;. If the district or school	982
into which the student transfers cannot determine whether the	983
student has taken any applicable diagnostic assessment in the	984
current school year, the district or school may administer the	985
diagnostic assessment to the student.	986

(3) Each kindergarten student, withinnot later than six	987
weeks after the first day of school. For the purpose of division	988
(A)(3) of this section, the district shall administer the	989
kindergarten readiness assessment provided by the department of	990
education. The district may administer the readiness assessment to	991
a student prior to the student's enrollment in kindergarten, but	992
in no case shall the results of the readiness assessment be used	993
to prohibit the student from enrolling in kindergarten.	994

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

995

(B) Each district board shall administer each diagnostic	996
assessment as the board deems appropriate. However, the board	997
shall administer any diagnostic assessment at least once annually	998
to all students in the appropriate grade level. A district board	999
may administer any diagnostic assessment in the fall and spring of	1000
a school year to measure the amount of academic growth	1001
attributable to the instruction received by students during that	1002
school year.	1003

(C) Each district board shall utilize and score any	1004
diagnostic assessment administered under division (A) of this	1005
section in accordance with rules established by the department.	1006
Except as required by division (B)(1)(o) of section 3301.0714 of	1007
the Revised Code, neither the state board of education nor the	1008
department shall require school districts to report the results of	1009
diagnostic assessments for any students to the department or to	1010
make any such results available in any form to the public. After	1011
the administration of any diagnostic assessment, each district	1012
shall provide a student's completed diagnostic assessment, the	1013
results of such assessment, and any other accompanying documents	1014
used during the administration of the assessment to the parent of	1015
that student upon the parent's request.	1016

(D) Each district board shall provide intervention services	1017
to students whose diagnostic assessments show that they are	1018
failing to make satisfactory progress toward attaining the	1019
academic standards for their grade level.	1020

(E) Any district that made adequate yearly progress, as	1021
defined in section 3302.01 of the Revised Code, in the immediately	1022
preceding school year may assess student progress in grades one	1023
through eight using a diagnostic assessment other than the	1024
diagnostic assessment required by division (A) of this section.	1025

(F) A district board may administer any diagnostic assessment	1026
provided to the district in accordance with section 3301.079 of	1027
the Revised Code to any student enrolled in a building that is not	1028
subject to division (A)(1) of this section. Any district electing	1029
to administer diagnostic assessments to students under this	1030
division shall provide intervention services to any such student	1031
whose diagnostic assessment shows unsatisfactory progress toward	1032
attaining the academic standards for the student's grade level.	1033

Sec. 3302.03.  (A) Annually the department of education shall	1034
report for each school district and each school building in a	1035
district all of the following:	1036

(1) The extent to which the school district or building meets	1037
each of the applicable performance indicators created by the state	1038
board of education under section 3302.02 of the Revised Code and	1039
the number of applicable performance indicators that have been	1040
achieved;	1041

(2) The performance index score of the school district or	1042
building;	1043

(3) Whether the school district or building has made adequate	1044
yearly progress;	1045

(4) Whether the school district or building is excellent,	1046
effective, needs continuous improvement, is under an academic	1047
watch, or is in a state of academic emergency.	1048

(B)(1) A school district or building shall be declared	1049
excellent if it fulfills one of the following requirements:	1050

(a) It makes adequate yearly progress and either meets at	1051
least ninety-four per cent of the applicable state performance	1052
indicators or has a performance index score established by the	1053
department.	1054

(b) It has failed to make adequate yearly progress for not	1055
more than two consecutive years and either meets at least	1056
ninety-four per cent of the applicable state performance	1057
indicators or has a performance index score established by the	1058
department.	1059

(2) A school district or building shall be declared effective	1060
if it fulfills one of the following requirements:	1061

(a) It makes adequate yearly progress and either meets at	1062
least seventy-five per cent but less than ninety-four per cent of	1063
the applicable state performance indicators or has a performance	1064
index score established by the department.	1065

(b) It does not make adequate yearly progress and either	1066
meets at least seventy-five per cent of the applicable state	1067
performance indicators or has a performance index score	1068
established by the department, except that if it does not make	1069
adequate yearly progress for three consecutive years, it shall be	1070
declared in need of continuous improvement.	1071

(3) A school district or building shall be declared to be in	1072
need of continuous improvement if it fulfills one of the following	1073
requirements:	1074

(a) It makes adequate yearly progress, meets less than	1075
seventy-five per cent of the applicable state performance	1076
indicators, and has a performance index score established by the	1077
department.	1078

(b) It does not make adequate yearly progress and either	1079
meets at least fifty per cent but less than seventy-five per cent	1080
of the applicable state performance indicators or has a	1081
performance index score established by the department.	1082

(4) A school district or building shall be declared to be	1083
under an academic watch if it does not make adequate yearly	1084
progress and either meets at least thirty-one per cent but less	1085
than fifty per cent of the applicable state performance indicators	1086
or has a performance index score established by the department.	1087

(5) A school district or building shall be declared to be in	1088
a state of academic emergency if it does not make adequate yearly	1089
progress, does not meet at least thirty-one per cent of the	1090
applicable state performance indicators, and has a performance	1091
index score established by the department.	1092

(C)(1) The department shall issue annual report cards for	1093
each school district, each building within each district, and for	1094
the state as a whole reflecting performance on the indicators	1095
created by the state board under section 3302.02 of the Revised	1096
Code, the performance index score, and adequate yearly progress.	1097

(2) The department shall include on the report card for each	1098
district information pertaining to any change from the previous	1099
year made by the school district or school buildings within the	1100
district on any performance indicator.	1101

(3) When reporting data on student performance, the	1102
department shall disaggregate that data according to the following	1103
categories:	1104

(a) Performance of students by age group;

1105

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

1106

(c) Performance of students by gender;

1107

(d) Performance of students grouped by those who have been	1108
enrolled in a district or school for three or more years;	1109

(e) Performance of students grouped by those who have been	1110
enrolled in a district or school for more than one year and less	1111
than three years;	1112

(f) Performance of students grouped by those who have been	1113
enrolled in a district or school for one year or less;	1114

(g) Performance of students grouped by those who are	1115
economically disadvantaged;	1116

(h) Performance of students grouped by those who are enrolled	1117
in a conversion community school established under Chapter 3314.	1118
of the Revised Code;	1119

(i) Performance of students grouped by those who are	1120
classified as limited English proficient;	1121

(j) Performance of students grouped by those who have	1122
disabilities;	1123

(k) Performance of students grouped by those who are	1124
classified as migrants;	1125

(l) Performance of students grouped by those who are	1126
identified as gifted pursuant to Chapter 3324. of the Revised	1127
Code.	1128

The department may disaggregate data on student performance	1129
according to other categories that the department determines are	1130
appropriate. To the extent possible, the department shall	1131
disaggregate data on student performance according to any	1132
combinations of two or more of the categories listed in divisions	1133
(C)(3)(a) to (l) of this section that it deems relevant.	1134

In reporting data pursuant to division (C)(3) of this	1135
section, the department shall not include in the report cards any	1136
data statistical in nature that is statistically unreliable or	1137
that could result in the identification of individual students.	1138
For this purpose, the department shall not report student	1139
performance data for any group identified in division (C)(3) of	1140
this section that contains less than ten students.	1141

(4) The department may include with the report cards any	1142
additional education and fiscal performance data it deems	1143
valuable.	1144

(5) The department shall include on each report card a list	1145
of additional information collected by the department that is	1146
available regarding the district or building for which the report	1147
card is issued. When available, such additional information shall	1148
include student mobility data disaggregated by race and	1149
socioeconomic status, college enrollment data, and the reports	1150
prepared under section 3302.031 of the Revised Code.	1151

The department shall maintain a site on the world wide web.	1152
The report card shall include the address of the site and shall	1153
specify that such additional information is available to the	1154
public at that site. The department shall also provide a copy of	1155
each item on the list to the superintendent of each school	1156
district. The district superintendent shall provide a copy of any	1157
item on the list to anyone who requests it.	1158

(6) For any district that sponsors a conversion community	1159
school under Chapter 3314. of the Revised Code, the department	1160
shall combine data regarding the academic performance of students	1161
enrolled in the community school with comparable data from the	1162
schools of the district for the purpose of calculating the	1163
performance of the district as a whole on the report card issued	1164
for the district.	1165

(7) The department shall include on each report card the	1166
percentage of teachers in the district or building who are highly	1167
qualified, as defined by the "No Child Left Behind Act of 2001,"	1168
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	1169
percentage with the percentages of such teachers in similar	1170
districts and buildings.	1171

(8) The department shall include on the report card the	1172
number of master teachers employed by each district and each	1173
building once the data is available from the education management	1174
information system established under section 3301.0714 of the	1175
Revised Code.	1176

(D)(1) In calculating reading, writing, mathematics, social	1177
studies, or science proficiency or achievement test passage rates	1178
used to determine school district or building performance under	1179
this section, the department shall include all students taking a	1180
test with accommodation or to whom an alternate assessment is	1181
administered pursuant to division (C)(1) or (3) of section	1182
3301.0711 of the Revised Code.	1183

(2) In calculating performance index scores, rates of	1184
achievement on the performance indicators established by the state	1185
board under section 3302.02 of the Revised Code, and adequate	1186
yearly progress for school districts and buildings under this	1187
section, the department shall do both of the following:	1188

(a) Include for each district or building only those students	1189
who are included in the ADM certified for the first full school	1190
week of October and are continuously enrolled in the district or	1191
building through the time of the spring administration of any test	1192
prescribed by section 3301.0710 of the Revised Code that is	1193
administered to the student's grade level;	1194

(b) Include cumulative totals from both the fall and spring	1195
administrations of the third grade reading achievement test.	1196

Sec. 3302.04.  (A) The department of education shall	1197
establish a system of intensive, ongoing support for the	1198
improvement of school districts and school buildings. The system	1199
shall give priority to districts and buildings that have been	1200
declared to be under an academic watch or in a state of academic	1201
emergency under section 3302.03 of the Revised Code and shall	1202
include services provided to districts and buildings through	1203
regional service providers, such as educational service centers,	1204
regional professional development centers, and special education	1205
regional resource centers.	1206

(B) When a school district has been notified by the	1207
department pursuant to division (A) of section 3302.03 of the	1208
Revised Code that the district or a building within the district	1209
has failed to make adequate yearly progress for two consecutive	1210
school years, the district shall develop a three-year continuous	1211
improvement plan for the district or building containing each of	1212
the following:	1213

(1) An analysis of the reasons for the failure of the	1214
district or building to meet any of the applicable performance	1215
indicators established under section 3302.02 of the Revised Code	1216
that it did not meet and an analysis of the reasons for its	1217
failure to make adequate yearly progress;	1218

(2) Specific strategies that the district or building will	1219
use to address the problems in academic achievement identified in	1220
division (B)(1) of this section;	1221

(3) Identification of the resources that the district will	1222
allocate toward improving the academic achievement of the district	1223
or building;	1224

(4) A description of any progress that the district or	1225
building made in the preceding year toward improving its academic	1226
achievement;	1227

(5) An analysis of how the district is utilizing the	1228
professional development standards adopted by the state board	1229
pursuant to section 3319.61 of the Revised Code;	1230

(6) Strategies that the district or building will use to	1231
improve the cultural competency, as defined pursuant to section	1232
3319.61 of the Revised Code, of teachers and other educators.	1233

No three-year continuous improvement plan shall be developed	1234
or adopted pursuant to this division unless at least one public	1235
hearing is held within the affected school district or building	1236
concerning the final draft of the plan. Notice of the hearing	1237
shall be given two weeks prior to the hearing by publication in	1238
one newspaper of general circulation within the territory of the	1239
affected school district or building. Copies of the plan shall be	1240
made available to the public.	1241

(C) When a school district or building has been notified by	1242
the department pursuant to division (A) of section 3302.03 of the	1243
Revised Code that the district or building is under an academic	1244
watch or in a state of academic emergency, the district or	1245
building shall be subject to any rules establishing intervention	1246
in academic watch or emergency school districts or buildings.	1247

(D)(1) Within one hundred twenty days after any school	1248
district or building is declared to be in a state of academic	1249
emergency under section 3302.03 of the Revised Code, the	1250
department may initiate a site evaluation of the building or	1251
school district.	1252

(2) If any school district that is declared to be in a state	1253
of academic emergency or in a state of academic watch under	1254
section 3302.03 of the Revised Code or encompasses a building that	1255
is declared to be in a state of academic emergency or in a state	1256
of academic watch fails to demonstrate to the department	1257
satisfactory improvement of the district or applicable buildings	1258
or fails to submit to the department any information required	1259
under rules established by the state board of education, prior to	1260
approving a three-year continuous improvement plan under rules	1261
established by the state board of education, the department shall	1262
conduct a site evaluation of the school district or applicable	1263
buildings to determine whether the school district is in	1264
compliance with minimum standards established by law or rule.	1265

(3) Site evaluations conducted under divisions (D)(1) and (2)	1266
of this section shall include, but not be limited to, the	1267
following:	1268

(a) Determining whether teachers are assigned to subject	1269
areas for which they are licensed or certified;	1270

(b) Determining pupil-teacher ratios;

1271

(c) Examination of compliance with minimum instruction time	1272
requirements for each school day and for each school year;	1273

(d) Determining whether materials and equipment necessary to	1274
implement the curriculum approved by the school district board are	1275
available;	1276

(e) Examination of whether the teacher and principal	1277
evaluation system reflects the evaluation system guidelines	1278
adopted by the state board of education under section 3319.112 of	1279
the Revised Code;	1280

(f) Examination of the adequacy of efforts to improve the	1281
cultural competency, as defined pursuant to section 3319.61 of the	1282
Revised Code, of teachers and other educators.	1283

(E) This division applies only to school districts that	1284
operate a school building that fails to make adequate yearly	1285
progress for two or more consecutive school years.	1286

(1) For any school building that fails to make adequate	1287
yearly progress for two consecutive school years, the district	1288
shall do all of the following:	1289

(a) Provide written notification of the academic issues that	1290
resulted in the building's failure to make adequate yearly	1291
progress to the parent or guardian of each student enrolled in the	1292
building. The notification shall also describe the actions being	1293
taken by the district or building to improve the academic	1294
performance of the building and any progress achieved toward that	1295
goal in the immediately preceding school year.	1296

(b) If the building receives funds under Title 1, Part A of	1297
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1298
6311 to 6339, from the district, in accordance with section	1299
3313.97 of the Revised Code, offer all students enrolled in the	1300
building the opportunity to enroll in an alternative building	1301
within the district that is not in school improvement status as	1302
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1303
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1304
the district shall spend an amount equal to twenty per cent of the	1305
funds it receives under Title I, Part A of the "Elementary and	1306
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1307
provide transportation for students who enroll in alternative	1308
buildings under this division, unless the district can satisfy all	1309
demand for transportation with a lesser amount. If an amount equal	1310
to twenty per cent of the funds the district receives under Title	1311
I, Part A of the "Elementary and Secondary Education Act of 1965,"	1312
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	1313
transportation, the district shall grant priority over all other	1314
students to the lowest achieving students among the subgroup	1315
described in division (F)(3) of section 3302.01 of the Revised	1316
Code in providing transportation. Any district that does not	1317
receive funds under Title I, Part A of the "Elementary and	1318
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall	1319
not be required to provide transportation to any student who	1320
enrolls in an alternative building under this division.	1321

(2) For any school building that fails to make adequate	1322
yearly progress for three consecutive school years, the district	1323
shall do both of the following:	1324

(a) If the building receives funds under Title 1, Part A of	1325
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1326
6311 to 6339, from the district, in accordance with section	1327
3313.97 of the Revised Code, provide all students enrolled in the	1328
building the opportunity to enroll in an alternative building	1329
within the district that is not in school improvement status as	1330
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1331
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1332
the district shall provide transportation for students who enroll	1333
in alternative buildings under this division to the extent	1334
required under division (E)(2) of this section.	1335

(b) If the building receives funds under Title 1, Part A of	1336
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1337
6311 to 6339, from the district, offer supplemental educational	1338
services to students who are enrolled in the building and who are	1339
in the subgroup described in division (F)(3) of section 3302.01 of	1340
the Revised Code.	1341

The district shall spend a combined total of an amount equal	1342
to twenty per cent of the funds it receives under Title I, Part A	1343
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1344
6311 to 6339, to provide transportation for students who enroll in	1345
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	1346
this section and to pay the costs of the supplemental educational	1347
services provided to students under division (E)(2)(b) of this	1348
section, unless the district can satisfy all demand for	1349
transportation and pay the costs of supplemental educational	1350
services for those students who request them with a lesser amount.	1351
In allocating the funds the district receives under Title I, Part	1352
A of the "Elementary and Secondary Education Act of 1965," 20	1353
U.S.C. 6311 to 6339, between the requirements of divisions	1354
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	1355
shall spend at least an amount equal to five per cent of suchthe	1356
funds it receives under Title I, Part A of the "Elementary and	1357
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1358
provide transportation for students who enroll in alternative	1359
buildings under division (E)(1)(b) or (E)(2)(a) of this section,	1360
unless the district can satisfy all demand for transportation with	1361
a lesser amount, and at least an amount equal to five per cent of	1362
suchthe funds it receives under Title I, Part A of the	1363
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1364
to 6339, to pay the costs of the supplemental educational services	1365
provided to students under division (E)(2)(b) of this section,	1366
unless the district can pay the costs of such services for all	1367
students requesting them with a lesser amount. If an amount equal	1368
to twenty per cent of the funds the district receives under Title	1369
I, Part A of the "Elementary and Secondary Education Act of 1965,"	1370
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	1371
transportation under divisions (E)(1)(b) and (E)(2)(a) of this	1372
section and to pay the costs of all of the supplemental	1373
educational services provided to students under division (E)(2)(b)	1374
of this section, the district shall grant priority over all other	1375
students in providing transportation and in paying the costs of	1376
supplemental educational services to the lowest achieving students	1377
among the subgroup described in division (F)(3) of section 3302.01	1378
of the Revised Code.	1379

Any district that does not receive funds under Title I, Part	1380
A of the "Elementary and Secondary Education Act of 1965," 20	1381
U.S.C. 6311 to 6339, shall not be required to provide	1382
transportation to any student who enrolls in an alternative	1383
building under division (E)(2)(a) of this section or to pay the	1384
costs of supplemental educational services provided to any student	1385
under division (E)(2)(b) of this section.	1386

No student who enrolls in an alternative building under	1387
division (E)(2)(a) of this section shall be eligible for	1388
supplemental educational services under division (E)(2)(b) of this	1389
section.	1390

(3) For any school building that fails to make adequate	1391
yearly progress for four consecutive school years, the district	1392
shall continue to comply with division (E)(2) of this section and	1393
shall implement at least one of the following options with respect	1394
to the building:	1395

(a) Institute a new curriculum that is consistent with the	1396
statewide academic standards adopted pursuant to division (A) of	1397
section 3301.079 of the Revised Code;	1398

(b) Decrease the degree of authority the building has to	1399
manage its internal operations;	1400

(c) Appoint an outside expert to make recommendations for	1401
improving the academic performance of the building. The district	1402
may request the department to establish a state intervention team	1403
for this purpose pursuant to division (G) of this section.	1404

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

1405

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

1406

(f) Reorganize the administrative structure of the building.

1407

(4) For any school building that fails to make adequate	1408
yearly progress for five consecutive school years, the district	1409
shall continue to comply with division (E)(2) of this section and	1410
shall develop a plan during the next succeeding school year to	1411
improve the academic performance of the building, which shall	1412
include at least one of the following options:	1413

(a) Reopen the school as a community school under Chapter	1414
3314. of the Revised Code;	1415

(b) Replace personnel;

1416

(c) Contract with a nonprofit or for-profit entity to operate	1417
the building;	1418

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

1419

(e) Other significant restructuring of the building's	1420
governance.	1421

(5) For any school building that fails to make adequate	1422
yearly progress for six consecutive school years, the district	1423
shall continue to comply with division (E)(2) of this section and	1424
shall implement the plan developed pursuant to division (E)(4) of	1425
this section.	1426

(6) A district shall continue to comply with division	1427
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1428
applicable, with respect to any building formerly subject to one	1429
of those divisions until the building makes adequate yearly	1430
progress for two consecutive school years.	1431

(F) This division applies only to school districts that fail	1432
to make adequate yearly progress for two or more consecutive	1433
school years.	1434

(1) If a school district fails to make adequate yearly	1435
progress for two consecutive school years, the district shall	1436
provide a written description of the continuous improvement plan	1437
developed by the district pursuant to division (B) of this section	1438
to the parent or guardian of each student enrolled in the	1439
district.	1440

(2) If a school district fails to make adequate yearly	1441
progress for three consecutive school years, the district shall	1442
continue to implement the continuous improvement plan developed by	1443
the district pursuant to division (B) of this section.	1444

(3) If a school district fails to make adequate yearly	1445
progress for four consecutive school years, the department shall	1446
take at least one of the following corrective actions with respect	1447
to the district:	1448

(a) Withhold a portion of the funds the district is entitled	1449
to receive under Title I, Part A of the "Elementary and Secondary	1450
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1451

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

1452

(c) Institute a new curriculum that is consistent with the	1453
statewide academic standards adopted pursuant to division (A) of	1454
section 3301.079 of the Revised Code;	1455

(d) Establish alternative forms of governance for individual	1456
school buildings within the district;	1457

(e) Appoint a trustee to manage the district in place of the	1458
district superintendent and board of education.	1459

The department shall conduct individual audits of a sampling	1460
of districts subject to this division to determine compliance with	1461
the corrective actions taken by the department.	1462

(4) If a school district fails to make adequate yearly	1463
progress for five consecutive school years, the department shall	1464
continue to monitor implementation of the corrective action taken	1465
under division (F)(3) of this section with respect to the	1466
district.	1467

(5) If a school district fails to make adequate yearly	1468
progress for six consecutive school years, the department shall	1469
take at least one of the corrective actions identified in division	1470
(F)(3) of this section with respect to the district, provided that	1471
the corrective action the department takes is different from the	1472
corrective action previously taken under division (F)(3) of this	1473
section with respect to the district.	1474

(G) The department may establish a state intervention team to	1475
evaluate all aspects of a school district or building, including	1476
management, curriculum, instructional methods, resource	1477
allocation, and scheduling. Any such intervention team shall be	1478
appointed by the department and shall include teachers and	1479
administrators recognized as outstanding in their fields. The	1480
intervention team shall make recommendations regarding methods for	1481
improving the performance of the district or building.	1482

The department shall not approve a district's request for an	1483
intervention team under division (E)(3) of this section if the	1484
department cannot adequately fund the work of the team, unless the	1485
district agrees to pay for the expenses of the team.	1486

(H) The department shall conduct individual audits of a	1487
sampling of community schools established under Chapter 3314. of	1488
the Revised Code to determine compliance with this section.	1489

(I) The state board shall adopt rules for implementing this	1490
section.	1491

Sec. 3307.01.  As used in this chapter:

1492

(A) "Employer" means the board of education, school district,	1493
governing authority of any community school established under	1494
Chapter 3314. of the Revised Code, college, university,	1495
institution, or other agency within the state by which a teacher	1496
is employed and paid.	1497

(B) "Teacher" means all of the following:

1498

(1) Any person paid from public funds and employed in the	1499
public schools of the state under any type of contract described	1500
in section 3319.08 of the Revised Code in a position for which the	1501
person is required to have a license issued pursuant to sections	1502
3319.22 to 3319.31 of the Revised Code;	1503

(2) Any person employed as a teacher by a community school	1504
pursuant to Chapter 3314. of the Revised Code;	1505

(3) Any person holding an internship certificate issued under	1506
section 3319.28 of the Revised Code and employed in a public	1507
school in this state;	1508

(4) Any person having a license issued pursuant to sections	1509
3319.22 to 3319.31 of the Revised Code and employed in a public	1510
school in this state in an educational position, as determined by	1511
the state board of education, under programs provided for by	1512
federal acts or regulations and financed in whole or in part from	1513
federal funds, but for which no licensure requirements for the	1514
position can be made under the provisions of such federal acts or	1515
regulations;	1516

(5)(4) Any other teacher or faculty member employed in any	1517
school, college, university, institution, or other agency wholly	1518
controlled and managed, and supported in whole or in part, by the	1519
state or any political subdivision thereof, including Central	1520
state university, Cleveland state university, the university of	1521
Toledo, and the medical college of Ohio at Toledo;	1522

(6)(5) The educational employees of the department of	1523
education, as determined by the state superintendent of public	1524
instruction.	1525

In all cases of doubt, the state teachers retirement board	1526
shall determine whether any person is a teacher, and its decision	1527
shall be final.	1528

"Teacher" does not include any academic or administrative	1529
employee of a public institution of higher education, as defined	1530
in section 3305.01 of the Revised Code, who participates in an	1531
alternative retirement plan established under Chapter 3305. of the	1532
Revised Code.	1533

(C) "Member" means any person included in the membership of	1534
the state teachers retirement system, which shall consist of all	1535
teachers and contributors as defined in divisions (B) and (D) of	1536
this section and all disability benefit recipients, as defined in	1537
section 3307.50 of the Revised Code. However, for purposes of this	1538
chapter, the following persons shall not be considered members:	1539

(1) A student, intern, or resident who is not a member while	1540
employed part-time by a school, college, or university at which	1541
the student, intern, or resident is regularly attending classes;	1542

(2) A person denied membership pursuant to section 3307.24 of	1543
the Revised Code;	1544

(3) An other system retirant, as defined in section 3307.35	1545
of the Revised Code, or a superannuate;	1546

(4) An individual employed in a program established pursuant	1547
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	1548
U.S.C.A. 1501.	1549

(D) "Contributor" means any person who has an account in the	1550
teachers' savings fund or defined contribution fund.	1551

(E) "Beneficiary" means any person eligible to receive, or in	1552
receipt of, a retirement allowance or other benefit provided by	1553
this chapter.	1554

(F) "Year" means the year beginning the first day of July and	1555
ending with the thirtieth day of June next following, except that	1556
for the purpose of determining final average salary under the plan	1557
described in sections 3307.50 to 3307.79 of the Revised Code,	1558
"year" may mean the contract year.	1559

(G) "Local district pension system" means any school teachers	1560
pension fund created in any school district of the state in	1561
accordance with the laws of the state prior to September 1, 1920.	1562

(H) "Employer contribution" means the amount paid by an	1563
employer, as determined by the employer rate, including the normal	1564
and deficiency rates, contributions, and funds wherever used in	1565
this chapter.	1566

(I) "Five years of service credit" means employment covered	1567
under this chapter and employment covered under a former	1568
retirement plan operated, recognized, or endorsed by a college,	1569
institute, university, or political subdivision of this state	1570
prior to coverage under this chapter.	1571

(J) "Actuary" means the actuarial consultant to the state	1572
teachers retirement board, who shall be either of the following:	1573

(1) A member of the American academy of actuaries;

1574

(2) A firm, partnership, or corporation of which at least one	1575
person is a member of the American academy of actuaries.	1576

(K) "Fiduciary" means a person who does any of the following:

1577

(1) Exercises any discretionary authority or control with	1578
respect to the management of the system, or with respect to the	1579
management or disposition of its assets;	1580

(2) Renders investment advice for a fee, direct or indirect,	1581
with respect to money or property of the system;	1582

(3) Has any discretionary authority or responsibility in the	1583
administration of the system.	1584

(L)(1) Except as provided in this division, "compensation"	1585
means all salary, wages, and other earnings paid to a teacher by	1586
reason of the teacher's employment, including compensation paid	1587
pursuant to a supplemental contract. The salary, wages, and other	1588
earnings shall be determined prior to determination of the amount	1589
required to be contributed to the teachers' savings fund or	1590
defined contribution fund under section 3307.26 of the Revised	1591
Code and without regard to whether any of the salary, wages, or	1592
other earnings are treated as deferred income for federal income	1593
tax purposes.	1594

(2) Compensation does not include any of the following:

1595

(a) Payments for accrued but unused sick leave or personal	1596
leave, including payments made under a plan established pursuant	1597
to section 124.39 of the Revised Code or any other plan	1598
established by the employer;	1599

(b) Payments made for accrued but unused vacation leave,	1600
including payments made pursuant to section 124.13 of the Revised	1601
Code or a plan established by the employer;	1602

(c) Payments made for vacation pay covering concurrent	1603
periods for which other salary, compensation, or benefits under	1604
this chapter are paid;	1605

(d) Amounts paid by the employer to provide life insurance,	1606
sickness, accident, endowment, health, medical, hospital, dental,	1607
or surgical coverage, or other insurance for the teacher or the	1608
teacher's family, or amounts paid by the employer to the teacher	1609
in lieu of providing the insurance;	1610

(e) Incidental benefits, including lodging, food, laundry,	1611
parking, or services furnished by the employer, use of the	1612
employer's property or equipment, and reimbursement for	1613
job-related expenses authorized by the employer, including moving	1614
and travel expenses and expenses related to professional	1615
development;	1616

(f) Payments made by the employer in exchange for a member's	1617
waiver of a right to receive any payment, amount, or benefit	1618
described in division (L)(2) of this section;	1619

(g) Payments by the employer for services not actually	1620
rendered;	1621

(h) Any amount paid by the employer as a retroactive increase	1622
in salary, wages, or other earnings, unless the increase is one of	1623
the following:	1624

(i) A retroactive increase paid to a member employed by a	1625
school district board of education in a position that requires a	1626
license designated for teaching and not designated for being an	1627
administrator issued under section 3319.22 of the Revised Code	1628
that is paid in accordance with uniform criteria applicable to all	1629
members employed by the board in positions requiring the licenses;	1630

(ii) A retroactive increase paid to a member employed by a	1631
school district board of education in a position that requires a	1632
license designated for being an administrator issued under section	1633
3319.22 of the Revised Code that is paid in accordance with	1634
uniform criteria applicable to all members employed by the board	1635
in positions requiring the licenses;	1636

(iii) A retroactive increase paid to a member employed by a	1637
school district board of education as a superintendent that is	1638
also paid as described in division (L)(2)(h)(i) of this section;	1639

(iv) A retroactive increase paid to a member employed by an	1640
employer other than a school district board of education in	1641
accordance with uniform criteria applicable to all members	1642
employed by the employer.	1643

(i) Payments made to or on behalf of a teacher that are in	1644
excess of the annual compensation that may be taken into account	1645
by the retirement system under division (a)(17) of section 401 of	1646
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1647
401(a)(17), as amended. For a teacher who first establishes	1648
membership before July 1, 1996, the annual compensation that may	1649
be taken into account by the retirement system shall be determined	1650
under division (d)(3) of section 13212 of the "Omnibus Budget	1651
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1652

(j) Payments made under division (B), (C), or (E) of section	1653
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1654
No. 3 of the 119th general assembly, Section 3 of Amended	1655
Substitute Senate Bill No. 164 of the 124th general assembly, or	1656
Amended Substitute House Bill No. 405 of the 124th general	1657
assembly;	1658

(k) Anything of value received by the teacher that is based	1659
on or attributable to retirement or an agreement to retire.	1660

(3) The retirement board shall determine by rule both of the	1661
following:	1662

(a) Whether particular forms of earnings are included in any	1663
of the categories enumerated in this division;	1664

(b) Whether any form of earnings not enumerated in this	1665
division is to be included in compensation.	1666

Decisions of the board made under this division shall be	1667
final.	1668

(M) "Superannuate" means both of the following:

1669

(1) A former teacher receiving from the system a retirement	1670
allowance under section 3307.58 or 3307.59 of the Revised Code;	1671

(2) A former teacher receiving a benefit from the system	1672
under a plan established under section 3307.81 of the Revised	1673
Code, except that "superannuate" does not include a former teacher	1674
who is receiving a benefit based on disability under a plan	1675
established under section 3307.81 of the Revised Code.	1676

For purposes of sections 3307.35 and 3307.353 of the Revised	1677
Code, "superannuate" also means a former teacher receiving from	1678
the system a combined service retirement benefit paid in	1679
accordance with section 3307.57 of the Revised Code, regardless of	1680
which retirement system is paying the benefit.	1681

Sec. 3313.28.  The treasurer of a board of education, at the	1682
expiration of the treasurer's term of office, shall deliver to the	1683
treasurer's successor all books and papers in the treasurer's	1684
hands relating to the affairs of the district, including educator	1685
licenses and internship certificates, and copies thereof, and	1686
reports of school statistics, filed by teachers.	1687

Sec. 3313.33. (A) Conveyances made by a board of education	1688
shall be executed by the president and treasurer thereof. No	1689

(B) Except as provided in division (C) of this section, no	1690
member of the board shall have, directly or indirectly, any	1691
pecuniary interest in any contract of the board or be employed in	1692
any manner for compensation by the board of which hethe person is	1693
a member. No contract shall be binding upon any board unless it is	1694
made or authorized at a regular or special meeting of such board.	1695

(C) A member of the board may have a pecuniary interest in a	1696
contract of the board if all of the following apply:	1697

(1) The member's pecuniary interest in that contract is that	1698
the member is employed by a political subdivision,	1699
instrumentality, or agency of the state that is contracting with	1700
the board;	1701

(2) The member does not participate in any discussion or	1702
debate regarding the contract or vote on the contract;	1703

(3) The member files with the school district treasurer an	1704
affidavit stating the member's exact employment status with the	1705
political subdivision, instrumentality, or agency contracting with	1706
the board.	1707

(D) This section does not apply where a member of the board,	1708
being a shareholder of a corporation but not being an officer or	1709
director thereof, owns not in excess of five per cent of the stock	1710
of such corporation. If a stockholder desires to avail himself	1711
self of the exception, before entering upon such contract such	1712
person shall first file with the treasurer an affidavit stating	1713
histhe stockholder's exact status and connection with said	1714
corporation.	1715

This section does not apply where a member of the board	1716
elects to be covered by a benefit plan of the school district	1717
under division (D) of section 3313.202 of the Revised Code.	1718

Sec. 3313.53. (A) As used in this section:

1719

(1) "Licensed individual" means an individual who holds a	1720
valid educator license, certificate, or permit issued by the state	1721
board of education under section 3319.22, 3319.26, 3319.27, or	1722
3319.302 of the Revised Code.	1723

(2) "Nonlicensed individual" means an individual who does not	1724
hold a valid educator license, certificate, or permit issued by	1725
the state board of education under section 3319.22, 3319.26,	1726
3319.27, or 3319.302 of the Revised Code.	1727

(B) The board of education of any city, exempted village, or	1728
local school district may establish and maintain in connection	1729
with the public school systems:	1730

(A)(1) Manual training, industrial arts, domestic science,	1731
and commercial departments;	1732

(B)(2) Agricultural, industrial, vocational, and trades	1733
schools.	1734

Such board may pay from the public school funds, as other	1735
school expenses are paid, the expenses of establishing and	1736
maintaining such departments and schools and of directing,	1737
supervising, and coaching the pupil-activity programs in music,	1738
language, arts, speech, government, athletics, and any others	1739
directly related to the curriculum.	1740

(C) The board of education of any city, exempted village, or	1741
local school district may employ a nonlicensed individual to	1742
direct, supervise, or coach a pupil-activity program pursuant to	1743
rules adoptedas long as that individual holds a valid	1744
pupil-activity program permit issued by the state board of	1745
education setting forth standards to assure the individual's good	1746
moral character and competence to direct, supervise, or coach the	1747
pupil-activity programunder division (A) of section 3319.303 of	1748
the Revised Code. The state board shall also adopt rules	1749
applicable to licensed individuals, setting forth standards to	1750
assure any such individual's competence to direct, supervise, or	1751
coach a pupil-activity program and that shall not be more	1752
stringent than the standards set forth in rules applicable to	1753
nonlicensed individuals. A	1754

(D) A nonlicensed individual who meets the standards adopted	1755
by the state boardholds a valid pupil-activity program permit may	1756
be so employed under division (C) of this section only after the	1757
school district's board of education adopts a resolution stating	1758
that it has offered such position to those employees of the	1759
district who have a license issued under section 3319.22 of the	1760
Revised Codeare licensed individuals and no such employee	1761
qualified to fill the position has accepted it, and has then	1762
advertised the position as available to any licensed individual	1763
with such a license who is qualified to fill it and who is not	1764
employed by the board, and no such person has applied for and	1765
accepted the position. A nonlicensed individual so employed is a	1766
nonteaching employee and is not an educational assistant as	1767
defined in section 3319.088 of the Revised Code. As used in this	1768
paragraphdivision and division (C) of this section,	1769
pupil-activity program does not include any class or course	1770
required or offered for credit toward a pupil's promotion to the	1771
next grade or for graduation, or any activity conducted as a part	1772
of or required for such a class or course. A nonlicensed	1773
individual employed under this section may perform only the duties	1774
of the director, supervisor, or coach of the pupil-activity	1775
program for which the nonlicensed individual is employed.	1776

The board shall fix the compensation of the nonlicensed	1777
individual so employed, which shall be the same amount as the	1778
position was offered to the district's licensed employees, and	1779
execute a written contract with the nonlicensed individual for a	1780
term not to exceed one year. The contract shall specify the	1781
compensation, duration, and other terms of employment, and the	1782
compensation shall not be reduced unless such reduction is a part	1783
of a uniform plan affecting the entire district. No	1784

If the state board suspends, revokes, or limits the	1785
pupil-activity program permit of a nonlicensed individual, the	1786
school district board may terminate or suspend the employment	1787
contract of that individual. Otherwise, no contract issued under	1788
this section shall be terminated or suspended except pursuant to	1789
the procedure established by division (C) of section 3319.081 of	1790
the Revised Code.	1791

Sec. 3313.713.  (A) As used in this section:

1792

(1) "Drug prescribed by a physician" means a drug described,	1793
as defined in section 4729.01 of the Revised Code, that is to be	1794
administered pursuant to the instructions of the prescribing	1795
physicianprescriber, whether or not required by law to be sold	1796
only upon a prescription.	1797

(2) "Federal law" means the "Education For All Handicapped	1798
ChildrenIndividuals with Disabilities Education Act of 1975	1799
1997," 89111 Stat. 77537, 20 U.S.C. 14011400, as amended.	1800

(3) "Prescriber" has the same meaning as in section 4729.01	1801
of the Revised Code.	1802

(B) The board of education of each city, local, exempted	1803
village, and joint vocational school district, shall, not later	1804
than one hundred twenty days after the effective date of this	1805
sectionSeptember 20, 1984, adopt a policy on the authority of its	1806
employees, when acting in situations other than those governed by	1807
sections 2305.23, 2305.231, and 3313.712 of the Revised Code, to	1808
administer drugs prescribed by physicians to students enrolled in	1809
the schools of the district. The policy shall provide either that:	1810

(1) Except as otherwise required by federal law, no person	1811
employed by the board shall, in the course of such employment,	1812
administer any drug prescribed by a physician to any student	1813
enrolled in the schools of the district.	1814

(2) Designated persons employed by the board are authorized	1815
to administer to a student a drug prescribed by a physician for	1816
the student. Except as otherwise provided by federal law, the	1817
board's policy may provide that certain drugs or types of drugs	1818
shall not be administered or that no employee, or no employee	1819
without appropriate training, shall use certain procedures, such	1820
as injection, to administer a drug to a student.	1821

(C) No drug prescribed by a physician for a student shall be	1822
administered pursuant to federal law or a policy adopted under	1823
division (B) of this section until the following occur:	1824

(1) The board, or a person designated by the board, receives	1825
a written request, signed by the parent, guardian, or other person	1826
having care or charge of the student, that the drug be	1827
administered to the student.	1828

(2) The board, or a person designated by the board, receives	1829
a statement, signed by the physician who prescribed the drug	1830
prescriber, that includes all of the following information:	1831

(a) The name and address of the student;

1832

(b) The school and class in which the student is enrolled;

1833

(c) The name of the drug and the dosage to be administered;

1834

(d) The times or intervals at which each dosage of the drug	1835
is to be administered;	1836

(e) The date the administration of the drug is to begin;

1837

(f) The date the administration of the drug is to cease;

1838

(g) Any severe adverse reactions that should be reported to	1839
the physicianprescriber and one or more phone numbers at which	1840
the physicianprescriber can be reached in an emergency;	1841

(h) Special instructions for administration of the drug,	1842
including sterile conditions and storage.	1843

(3) The parent, guardian, or other person having care or	1844
charge of the student agrees to submit a revised statement signed	1845
by the physician who prescribed the drugprescriber to the board	1846
or a person designated by the board if any of the information	1847
provided by the physicianprescriber pursuant to division (C)(2)	1848
of this section changes.	1849

(4) The person authorized by the board to administer the drug	1850
receives a copy of the statement required by division (C)(2) or	1851
(3) of this section.	1852

(5) The drug is received by the person authorized to	1853
administer the drug to the student for whom the drug is prescribed	1854
in the container in which it was dispensed by the prescribing	1855
physicianprescriber or a licensed pharmacist.	1856

(6) Any other procedures required by the board are followed.

1857

(D) If a drug prescribed by a physician is administered to a	1858
student, the board of education shall acquire and retain copies of	1859
the written requests required by division (C)(1) and the	1860
statements required by divisions (C)(2) and (3) of this section	1861
and shall ensure that by the next school day following the receipt	1862
of any such statement a copy is given to the person authorized to	1863
administer drugs to the student for whom the statement has been	1864
received. The board, or a person designated by the board, shall	1865
establish a location in each school building for the storage of	1866
drugs to be administered under this section and federal law. All	1867
such drugs shall be stored in that location in a locked storage	1868
place, except that drugs that require refrigeration may be kept in	1869
a refrigerator in a place not commonly used by students.	1870

(E) No person who has been authorized by a board of education	1871
to administer a drug and has a copy of the most recent statement	1872
required by division (C)(2) or (3) of this section given to the	1873
person in accordance with division (D) of this section prior to	1874
administering the drug is liable in civil damages for	1875
administering or failing to administer the drug, unless such	1876
person acts in a manner that constitutes gross negligence or	1877
wanton or reckless misconduct.	1878

(F) Whenever aA board of education is required tomay	1879
designate a person or persons to perform any function or functions	1880
in connection with a drug policy adopted under this section, the	1881
board may designate such persons either by name or by position,	1882
training, qualifications, or similar distinguishing factors.	1883

Nothing in this section shall be construed to require a	1884
person employed by a board of education to administer a drug to a	1885
student unless the board's policy adopted in compliance with this	1886
section establishes such a requirement. A board shall not require	1887
an employee to administer a drug to a student if the employee	1888
objects, on the basis of religious convictions, to administering	1889
the drug.	1890

A policy adopted by a board of education pursuant to this	1891
section may be changed, modified, or revised by action of the	1892
board.	1893

Nothing in this section affects the application of section	1894
2305.23, 2305.231, or 3313.712 of the Revised Code to the	1895
administration of emergency care or treatment to a student.	1896

Sec. 12.        Sec. 3314.021. (A) This section applies to any entity that	1897
is exempt from taxation under Sectionsection 501(c)(3) of the	1898
Internal Revenue Code and that satisfies the conditions specified	1899
in divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	1900
Revised Code but does not satisfy the condition specified in	1901
division (C)(1)(f)(i) of that section.	1902

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	1903
of the Revised Code, an entity described in division (A) of this	1904
section may succeeddo both of the following without obtaining the	1905
department of education's approval of its sponsorship under	1906
division (B)(1) of section 3314.015 of the Revised Code:	1907

(1) Succeed the board of trustees of a state university	1908
located in the Pilot Project Areapilot project area or that	1909
board's designee as the sponsor of a community school established	1910
under Chapter 3314. of the Revised Code, and maythis chapter;	1911

(2) Continue to sponsor suchthat school for the remainder of	1912
in conformance with the termterms of the contract between the	1913
board of trustees or its designee and the governing authority of	1914
the community school and may renew that contract as provided in	1915
division (E) of section 3314.03 of the Revised Code. Such	1916

(C) The entity that succeeds the board of trustees or the	1917
board's designee as sponsor of a community school under division	1918
(B) of this section also may enter into new contracts to sponsor	1919
additionalother community schools located in any challenged	1920
school district, without obtaining the department's approval of	1921
its sponsorship under division (B)(1) of section 3314.015 of the	1922
Revised Code, and not subject to the restriction of the paragraph	1923
following division (C)(1)(f)(iii) of section 3314.02 of the	1924
Revised Code, as long as it satisfiesthe contracts conform with	1925
and the entity complies with all theother requirements of Chapter	1926
3314. of the Revised Code except for the requirement prescribed in	1927
division (C)(1)(f)(i) of section 3314.02 of the Revised Codethis	1928
chapter.	1929

Sec. 3314.034. (A) On or after July 1, 2004, no internet- or	1930
computer-based community school shall enter into a contract with a	1931
nonpublic school to use or rent any facility space at the	1932
nonpublic school for the provision of instructional services to	1933
students enrolled in the internet- or computer-based community	1934
school.	1935

(B) If, on or after July 1, 2004, an internet- or	1936
computer-based community school has a contract with a nonpublic	1937
school as described in division (A) of this section, the	1938
department of education shall not make any payments under section	1939
3314.08 of the Revised Code to the internet- or computer-based	1940
community school for any student who is enrolled in the internet-	1941
or computer-based community school and receives any instructional	1942
services from the internet- or computer-based community school at	1943
the nonpublic school.	1944

Sec. 3318.031. (A) The Ohio school facilities commission	1945
shall consider student and staff safety and health when reviewing	1946
design plans for classroom facility construction projects proposed	1947
under this chapter. After consulting with appropriate education,	1948
health, and law enforcement personnel, the commission may require	1949
as a condition of project approval under either section 3318.03 or	1950
division (B)(1) of section 3318.41 of the Revised Code such	1951
changes in the design plans as the commission believes will	1952
advance or improve student and staff safety and health in the	1953
proposed classroom facility.	1954

To carry out its duties under this sectiondivision, the	1955
commission shall review and, if necessary, amend any construction	1956
and design standards used in its project approval process,	1957
including standards for location and number of exits, standards	1958
for lead safety in classroom facilities constructed before 1978 in	1959
which services are provided to children under six years of age,	1960
and location of restrooms, with a focus on advancing student and	1961
staff safety and health.	1962

(B) When reviewing design standards for classroom facility	1963
construction projects proposed under this chapter, the commission	1964
shall also consider the extent to which the design standards	1965
support the following:	1966

(1) Support and facilitation of smaller classes and the trend	1967
toward smaller schools;	1968

(2) Provision of sufficient space for training new teachers	1969
and promotion of collaboration among teaching candidates,	1970
experienced teachers, and teacher educators;	1971

(3) Provision of adequate space for teacher planning and	1972
collaboration;	1973

(4) Provision of adequate space for parent involvement	1974
activities;	1975

(5) Provision of sufficient space for innovative partnerships	1976
between schools and health and social service agencies.	1977

Sec. 3319.074.  (A) As used in this section:

1978

(1) "Core subject area" means reading and English language	1979
arts, mathematics, science, foreign language, government,	1980
economics, fine arts, history, and geography.	1981

(2) "Fully licensed" means having successfully completed all	1982
requirements for an educator license commensurate with years of	1983
teaching experience pursuant to section 3319.22 of the Revised	1984
Code and not having had any such requirements waived on an	1985
emergency, temporary, or provisional basis.	1986

(3) "Highly qualified teacher" means a classroom teacher who	1987
satisfies all of the following conditions:	1988

(a) Holds a baccalaureate degree;

1989

(b) Is fully licensed or is participating in an alternative	1990
route to licensure in which the teacher receives professional	1991
development and mentoring, teaches for not longer than three	1992
years, and demonstrates satisfactory progress toward becoming	1993
fully licensed;	1994

(c) If teaching in grades kindergarten through six, satisfies	1995
at least one of the following:	1996

(i) Passage of an assessment of subject matter content and	1997
professional knowledge required for licensure;	1998

(ii) Successful completion of a graduate degree or advanced	1999
certification in the teaching assignment;	2000

(iii) Achievement of one hundred points on the Ohio highly	2001
qualified teacher rubric developed by the Ohio department of	2002
education;	2003

(iv) Completion of an individual professional development	2004
program approved by the applicable local professional development	2005
committee that includes ninety hours of high quality professional	2006
development incorporating grade appropriate academic subject	2007
matter knowledge, teaching skills, and state academic content	2008
standards.	2009

(d) If teaching in grades seven through twelve, satisfies at	2010
least one of the following:	2011

(i) Passage of an assessment of subject matter content	2012
required for licensure;	2013

(ii) Successful completion of either an undergraduate	2014
academic major, coursework equivalent to such major, a graduate	2015
degree, or advanced certification in each subject area in which	2016
the teacher provides instruction;	2017

(iii) Achievement of one hundred points on the Ohio highly	2018
qualified teacher rubric developed by the department;	2019

(iv) Completion of an individual professional development	2020
program approved by the applicable local professional development	2021
committee that includes ninety hours of high quality professional	2022
development incorporating grade appropriate academic subject	2023
matter knowledge, teaching skills, and state academic content	2024
standards.	2025

(B) No city, exempted village, local, joint vocational, or	2026
cooperative education school district shall employ any classroom	2027
teacher hired after July 1, 2002, to provide instruction in a core	2028
subject area to any student enrolled in a school that receives	2029
funds under Title I, Part A of the "Elementary and Secondary	2030
Education Act of 1965," 115 Stat. 1425, 20 U.S.C. 6301 et seq.,	2031
unless such teacher is a highly qualified teacher.	2032

(C) Each school district annually shall notify through a	2033
school wide publication the parent or guardian of each student	2034
enrolled in a school that receives funds under Title I, Part A of	2035
the "Elementary and Secondary Education Act of 1965," 115 Stat.	2036
1425, 20 U.S.C. 6301 et seq., that the parent or guardian may	2037
request information on the professional qualifications of each	2038
classroom teacher who provides instruction to the parent's or	2039
guardian's child. The district shall provide the information on	2040
each applicable teacher to any parent or guardian who requests it.	2041
Such information shall include all of the following:	2042

(1) Whether the teacher has satisfied all requirements for	2043
licensure adopted by the state board of education pursuant to	2044
section 3319.22 of the Revised Code for the grade levels and	2045
subject areas in which the teacher provides instruction or whether	2046
the teacher provides instruction under a waiver of any such	2047
requirements;	2048

(2) The major subject area in which the teacher was awarded a	2049
baccalaureate degree and, if applicable, any other degrees or	2050
certification;	2051

(3) Whether a paraprofessional provides any services to the	2052
student and, if so, the qualifications of the paraprofessional.	2053

Sec. 3319.075. Once the state board of education adopts	2054
professional development standards pursuant to section 3319.61 of	2055
the Revised Code, the board of education of each school district	2056
shall use the standards for the following purposes:	2057

(A) To guide the design of teacher education programs serving	2058
both teacher candidates and experienced teachers;	2059

(B) To guide school-based professional development that is	2060
aligned with student achievement;	2061

(C) To determine what types of professional development the	2062
school district and the schools within the district should	2063
provide;	2064

(D) To guide how state and federal funding for professional	2065
development should be spent;	2066

(E) To develop criteria for decision making by the local	2067
professional development committees established under section	2068
3319.22 of the Revised Code;	2069

(F) To guide the school district in the hiring of third-party	2070
providers of instructional services who use or meet the	2071
professional development standards;	2072

(G) To guide all licensed school personnel in developing	2073
their own plans for professional growth.	2074

Sec. 3319.09.  As used in sections 3319.08 to 3319.18,	2075
inclusive, of the Revised Code:	2076

(A) "Teacher" means all persons licensed to teach and who are	2077
employed in the public schools of this state as instructors,	2078
principals, supervisors, superintendents, or in any other	2079
educational position for which the state board of education	2080
requires licensure under sections 3319.22 to 3319.31 of the	2081
Revised Code including persons holding an internship certificate	2082
issued under section 3319.28 of the Revised Code and persons	2083
having a license issued pursuant to sections 3319.22 to 3319.31 of	2084
the Revised Code and employed in an educational position, as	2085
determined by the state board of education, under programs	2086
provided for by federal acts or regulations and financed in whole	2087
or in part from federal funds, but for which no licensure	2088
requirements for the position can be made under the provisions of	2089
such federal acts or regulations.	2090

(B) "Year" as applied to term of service means actual service	2091
of not less than one hundred twenty days within a school year;	2092
provided that any board of education may grant a leave of absence	2093
for professional advancement with full credit for service.	2094

(C) "Continuing service status" for a teacher means	2095
employment under a continuing contract.	2096

Sec. 3319.11.  (A) As used in this section:

2097

(1) "Evaluation procedures" means the procedures adopted	2098
pursuant to division (B) of section 3319.111 of the Revised Code.	2099

(2) "Limited contract" means a limited contract, as described	2100
in section 3319.08 of the Revised Code, that a school district	2101
board of education or governing board of an educational service	2102
center enters into with a teacher who is not eligible for	2103
continuing service status.	2104

(3) "Extended limited contract" means a limited contract, as	2105
described in section 3319.08 of the Revised Code, that a board of	2106
education or governing board enters into with a teacher who is	2107
eligible for continuing service status.	2108

(B) Teachers eligible for continuing service status in any	2109
city, exempted village, local, or joint vocational school district	2110
or educational service center shall be those teachers qualified as	2111
described in division (B)(1) or (2) of section 3319.08 of the	2112
Revised Code, who within the last five years have taught for at	2113
least three years in the district or center, and those teachers	2114
who, having attained continuing contract status elsewhere, have	2115
served two years in the district or center, but the board, upon	2116
the recommendation of the superintendent, may at the time of	2117
employment or at any time within such two-year period, declare any	2118
of the latter teachers eligible.	2119

(1) Upon the recommendation of the superintendent that a	2120
teacher eligible for continuing service status be reemployed, a	2121
continuing contract shall be entered into between the board and	2122
the teacher unless the board by a three-fourths vote of its full	2123
membership rejects the recommendation of the superintendent. If	2124
the board rejects by a three-fourths vote of its full membership	2125
the recommendation of the superintendent that a teacher eligible	2126
for continuing service status be reemployed and the superintendent	2127
makes no recommendation to the board pursuant to division (C) of	2128
this section, the board may declare its intention not to reemploy	2129
the teacher by giving the teacher written notice on or before the	2130
thirtieth day of April of its intention not to reemploy the	2131
teacher. If evaluation procedures have not been complied with	2132
pursuant to division (A) of section 3319.111 of the Revised Code	2133
or the board does not give the teacher written notice on or before	2134
the thirtieth day of April of its intention not to reemploy the	2135
teacher, the teacher is deemed reemployed under an extended	2136
limited contract for a term not to exceed one year at the same	2137
salary plus any increment provided by the salary schedule. The	2138
teacher is presumed to have accepted employment under the extended	2139
limited contract for a term not to exceed one year unless such	2140
teacher notifies the board in writing to the contrary on or before	2141
the first day of June, and an extended limited contract for a term	2142
not to exceed one year shall be executed accordingly. Upon any	2143
subsequent reemployment of the teacher only a continuing contract	2144
may be entered into.	2145

(2) If the superintendent recommends that a teacher eligible	2146
for continuing service status not be reemployed, the board may	2147
declare its intention not to reemploy the teacher by giving the	2148
teacher written notice on or before the thirtieth day of April of	2149
its intention not to reemploy the teacher. If evaluation	2150
procedures have not been complied with pursuant to division (A) of	2151
section 3319.111 of the Revised Code or the board does not give	2152
the teacher written notice on or before the thirtieth day of April	2153
of its intention not to reemploy the teacher, the teacher is	2154
deemed reemployed under an extended limited contract for a term	2155
not to exceed one year at the same salary plus any increment	2156
provided by the salary schedule. The teacher is presumed to have	2157
accepted employment under the extended limited contract for a term	2158
not to exceed one year unless such teacher notifies the board in	2159
writing to the contrary on or before the first day of June, and an	2160
extended limited contract for a term not to exceed one year shall	2161
be executed accordingly. Upon any subsequent reemployment of a	2162
teacher only a continuing contract may be entered into.	2163

(3) Any teacher receiving written notice of the intention of	2164
a board not to reemploy such teacher pursuant to this division is	2165
entitled to the hearing provisions of division (G) of this	2166
section.	2167

(C)(1) If a board rejects the recommendation of the	2168
superintendent for reemployment of a teacher pursuant to division	2169
(B)(1) of this section, the superintendent may recommend	2170
reemployment of the teacher, if continuing service status has not	2171
previously been attained elsewhere, under an extended limited	2172
contract for a term not to exceed two years, provided that written	2173
notice of the superintendent's intention to make such	2174
recommendation has been given to the teacher with reasons directed	2175
at the professional improvement of the teacher on or before the	2176
thirtieth day of April. Upon subsequent reemployment of the	2177
teacher only a continuing contract may be entered into.	2178

(2) If a board of education takes affirmative action on a	2179
superintendent's recommendation, made pursuant to division (C)(1)	2180
of this section, of an extended limited contract for a term not to	2181
exceed two years but the board does not give the teacher written	2182
notice of its affirmative action on the superintendent's	2183
recommendation of an extended limited contract on or before the	2184
thirtieth day of April, the teacher is deemed reemployed under a	2185
continuing contract at the same salary plus any increment provided	2186
by the salary schedule. The teacher is presumed to have accepted	2187
employment under such continuing contract unless such teacher	2188
notifies the board in writing to the contrary on or before the	2189
first day of June, and a continuing contract shall be executed	2190
accordingly.	2191

(3) A board shall not reject a superintendent's	2192
recommendation, made pursuant to division (C)(1) of this section,	2193
of an extended limited contract for a term not to exceed two years	2194
except by a three-fourths vote of its full membership. If a board	2195
rejects by a three-fourths vote of its full membership the	2196
recommendation of the superintendent of an extended limited	2197
contract for a term not to exceed two years, the board may declare	2198
its intention not to reemploy the teacher by giving the teacher	2199
written notice on or before the thirtieth day of April of its	2200
intention not to reemploy the teacher. If evaluation procedures	2201
have not been complied with pursuant to division (A) of section	2202
3319.111 of the Revised Code or if the board does not give the	2203
teacher written notice on or before the thirtieth day of April of	2204
its intention not to reemploy himthe teacher, the teacher is	2205
deemed reemployed under an extended limited contract for a term	2206
not to exceed one year at the same salary plus any increment	2207
provided by the salary schedule. The teacher is presumed to have	2208
accepted employment under the extended limited contract for a term	2209
not to exceed one year unless such teacher notifies the board in	2210
writing to the contrary on or before the first day of June, and an	2211
extended limited contract for a term not to exceed one year shall	2212
be executed accordingly. Upon any subsequent reemployment of the	2213
teacher only a continuing contract may be entered into.	2214

Any teacher receiving written notice of the intention of a	2215
board not to reemploy such teacher pursuant to this division is	2216
entitled to the hearing provisions of division (G) of this	2217
section.	2218

(D) A teacher eligible for continuing contract status	2219
employed under an extended limited contract pursuant to division	2220
(B) or (C) of this section, is, at the expiration of such extended	2221
limited contract, deemed reemployed under a continuing contract at	2222
the same salary plus any increment granted by the salary schedule,	2223
unless evaluation procedures have been complied with pursuant to	2224
division (A) of section 3319.111 of the Revised Code and the	2225
employing board, acting on the superintendent's recommendation	2226
that the teacher not be reemployed, gives the teacher written	2227
notice on or before the thirtieth day of April of its intention	2228
not to reemploy such teacher. A teacher who does not have	2229
evaluation procedures applied in compliance with division (A) of	2230
section 3319.111 of the Revised Code or who does not receive	2231
notice on or before the thirtieth day of April of the intention of	2232
the board not to reemploy such teacher is presumed to have	2233
accepted employment under a continuing contract unless such	2234
teacher notifies the board in writing to the contrary on or before	2235
the first day of June, and a continuing contract shall be executed	2236
accordingly.	2237

Any teacher receiving a written notice of the intention of a	2238
board not to reemploy such teacher pursuant to this division is	2239
entitled to the hearing provisions of division (G) of this	2240
section.	2241

(E) A limited contract may be entered into by each board with	2242
each teacher who has not been in the employ of the board for at	2243
least three years and shall be entered into, regardless of length	2244
of previous employment, with each teacher employed by the board	2245
who holds a provisional, temporary, or associate license or an	2246
internship certificate, or who holds a professional license and is	2247
not eligible to be considered for a continuing contract.	2248

Any teacher employed under a limited contract, and not	2249
eligible to be considered for a continuing contract, is, at the	2250
expiration of such limited contract, considered reemployed under	2251
the provisions of this division at the same salary plus any	2252
increment provided by the salary schedule unless evaluation	2253
procedures have been complied with pursuant to division (A) of	2254
section 3319.111 of the Revised Code and the employing board,	2255
acting upon the superintendent's written recommendation that the	2256
teacher not be reemployed, gives such teacher written notice of	2257
its intention not to reemploy such teacher on or before the	2258
thirtieth day of April. A teacher who does not have evaluation	2259
procedures applied in compliance with division (A) of section	2260
3319.111 of the Revised Code or who does not receive notice of the	2261
intention of the board not to reemploy such teacher on or before	2262
the thirtieth day of April is presumed to have accepted such	2263
employment unless such teacher notifies the board in writing to	2264
the contrary on or before the first day of June, and a written	2265
contract for the succeeding school year shall be executed	2266
accordingly.	2267

Any teacher receiving a written notice of the intention of a	2268
board not to reemploy such teacher pursuant to this division is	2269
entitled to the hearing provisions of division (G) of this	2270
section.	2271

(F) The failure of a superintendent to make a recommendation	2272
to the board under any of the conditions set forth in divisions	2273
(B) to (E) of this section, or the failure of the board to give	2274
such teacher a written notice pursuant to divisions (C) to (E) of	2275
this section shall not prejudice or prevent a teacher from being	2276
deemed reemployed under either a limited or continuing contract as	2277
the case may be under the provisions of this section. A failure of	2278
the parties to execute a written contract shall not void any	2279
automatic reemployment provisions of this section.	2280

(G)(1) Any teacher receiving written notice of the intention	2281
of a board of education not to reemploy such teacher pursuant to	2282
division (B), (C)(3), (D), or (E) of this section may, within ten	2283
days of the date of receipt of the notice, file with the treasurer	2284
of the board a written demand for a written statement describing	2285
the circumstances that led to the board's intention not to	2286
reemploy the teacher.	2287

(2) The treasurer of a board, on behalf of the board, shall,	2288
within ten days of the date of receipt of a written demand for a	2289
written statement pursuant to division (G)(1) of this section,	2290
provide to the teacher a written statement describing the	2291
circumstances that led to the board's intention not to reemploy	2292
the teacher.	2293

(3) Any teacher receiving a written statement describing the	2294
circumstances that led to the board's intention not to reemploy	2295
the teacher pursuant to division (G)(2) of this section may,	2296
within five days of the date of receipt of the statement, file	2297
with the treasurer of the board a written demand for a hearing	2298
before the board pursuant to divisions (G)(4) to (6) of this	2299
section.	2300

(4) The treasurer of a board, on behalf of the board, shall,	2301
within ten days of the date of receipt of a written demand for a	2302
hearing pursuant to division (G)(3) of this section, provide to	2303
the teacher a written notice setting forth the time, date, and	2304
place of the hearing. The board shall schedule and conclude the	2305
hearing within forty days of the date on which the treasurer of	2306
the board receives a written demand for a hearing pursuant to	2307
division (G)(3) of this section.	2308

(5) Any hearing conducted pursuant to this division shall be	2309
conducted by a majority of the members of the board. The hearing	2310
shall be held in executive session of the board unless the board	2311
and the teacher agree to hold the hearing in public. The	2312
superintendent, assistant superintendent, the teacher, and any	2313
person designated by either party to take a record of the hearing	2314
may be present at the hearing. The board may be represented by	2315
counsel and the teacher may be represented by counsel or a	2316
designee. A record of the hearing may be taken by either party at	2317
the expense of the party taking the record.	2318

(6) Within ten days of the conclusion of a hearing conducted	2319
pursuant to this division, the board shall issue to the teacher a	2320
written decision containing an order affirming the intention of	2321
the board not to reemploy the teacher reported in the notice given	2322
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	2323
this section or an order vacating the intention not to reemploy	2324
and expunging any record of the intention, notice of the	2325
intention, and the hearing conducted pursuant to this division.	2326

(7) A teacher may appeal an order affirming the intention of	2327
the board not to reemploy the teacher to the court of common pleas	2328
of the county in which the largest portion of the territory of the	2329
school district or service center is located, within thirty days	2330
of the date on which the teacher receives the written decision, on	2331
the grounds that the board has not complied with section 3319.11	2332
or 3319.111 of the Revised Code.	2333

Notwithstanding section 2506.04 of the Revised Code, the	2334
court in an appeal under this division is limited to the	2335
determination of procedural errors and to ordering the correction	2336
of procedural errors and shall have no jurisdiction to order a	2337
board to reemploy a teacher, except that the court may order a	2338
board to reemploy a teacher in compliance with the requirements of	2339
division (B), (C)(3), (D), or (E) of this section when the court	2340
determines that evaluation procedures have not been complied with	2341
pursuant to division (A) of section 3319.111 of the Revised Code	2342
or the board has not given the teacher written notice on or before	2343
the thirtieth day of April of its intention not to reemploy the	2344
teacher pursuant to division (B), (C)(3), (D), or (E) of this	2345
section. Otherwise, the determination whether to reemploy or not	2346
reemploy a teacher is solely a board's determination and not a	2347
proper subject of judicial review and, except as provided in this	2348
division, no decision of a board whether to reemploy or not	2349
reemploy a teacher shall be invalidated by the court on any basis,	2350
including that the decision was not warranted by the results of	2351
any evaluation or was not warranted by any statement given	2352
pursuant to division (G)(2) of this section.	2353

No appeal of an order of a board may be made except as	2354
specified in this division.	2355

(H)(1) In giving a teacher any notice required by division	2356
(B), (C), (D), or (E) of this section, the board or the	2357
superintendent shall do either of the following:	2358

(a) Deliver the notice by personal service upon the teacher;

2359

(b) Deliver the notice by certified mail, return receipt	2360
requested, addressed to the teacher at the teacher's place of	2361
employment and deliver a copy of the notice by certified mail,	2362
return receipt requested, addressed to the teacher at the	2363
teacher's place of residence.	2364

(2) In giving a board any notice required by division (B),	2365
(C), (D), or (E) of this section, the teacher shall do either of	2366
the following:	2367

(a) Deliver the notice by personal delivery to the office of	2368
the superintendent during regular business hours;	2369

(b) Deliver the notice by certified mail, return receipt	2370
requested, addressed to the office of the superintendent and	2371
deliver a copy of the notice by certified mail, return receipt	2372
requested, addressed to the president of the board at the	2373
president's place of residence.	2374

(3) When any notice and copy of the notice are mailed	2375
pursuant to division (H)(1)(b) or (2)(b) of this section, the	2376
notice or copy of the notice with the earlier date of receipt	2377
shall constitute the notice for the purposes of division (B), (C),	2378
(D), or (E) of this section.	2379

(I) The provisions of this section shall not apply to any	2380
supplemental written contracts entered into pursuant to section	2381
3319.08 of the Revised Code.	2382

Sec. 3319.111.  (A) Any board of education that has entered	2383
into any limited contract or extended limited contract with a	2384
teacher pursuant to section 3319.11 of the Revised Code, except	2385
with a teacher who holds an internship certificate granted under	2386
division (A) of section 3319.28 of the Revised Code, shall	2387
evaluate such a teacher in compliance with the requirements of	2388
this section in any school year in which the board may wish to	2389
declare its intention not to re-employ the teacher pursuant to	2390
division (B), (C)(3), (D), or (E) of section 3319.11 of the	2391
Revised Code.	2392

This evaluation shall be conducted at least twice in the	2393
school year in which the board may wish to declare its intention	2394
not to re-employ the teacher. One evaluation shall be conducted	2395
and completed not later than the fifteenth day of January and the	2396
teacher being evaluated shall receive a written report of the	2397
results of this evaluation not later than the twenty-fifth day of	2398
January. One evaluation shall be conducted and completed between	2399
the tenth day of February and the first day of April and the	2400
teacher being evaluated shall receive a written report of the	2401
results of this evaluation not later than the tenth day of April.	2402

Any evaluation conducted pursuant to this section shall be	2403
conducted by one or more of the following:	2404

(1) A person who is under contract with a board of education	2405
pursuant to section 3319.01 or 3319.02 of the Revised Code and	2406
holds a license designated for being a superintendent, assistant	2407
superintendent, or principal issued under section 3319.22 of the	2408
Revised Code;	2409

(2) A person who is under contract with a board of education	2410
pursuant to section 3319.02 of the Revised Code and holds a	2411
license designated for being a vocational director or a supervisor	2412
in any educational area issued under section 3319.22 of the	2413
Revised Code;	2414

(3) A person designated to conduct evaluations under an	2415
agreement providing for peer review entered into by a board of	2416
education and representatives of teachers employed by that board.	2417

(B) Any board of education evaluating a teacher pursuant to	2418
this section shall adopt evaluation procedures that shall be	2419
applied each time a teacher is evaluated pursuant to this section.	2420
These evaluation procedures shall include, but not be limited to:	2421

(1) Criteria of expected job performance in the areas of	2422
responsibility assigned to the teacher being evaluated;	2423

(2) Observation of the teacher being evaluated by the person	2424
conducting the evaluation on at least two occasions for not less	2425
than thirty minutes on each occasion;	2426

(3) A written report of the results of the evaluation that	2427
includes specific recommendations regarding any improvements	2428
needed in the performance of the teacher being evaluated and	2429
regarding the means by which the teacher may obtain assistance in	2430
making such improvements.	2431

(C) This section does not apply to teachers subject to	2432
evaluation procedures under sections 3319.01 and 3319.02 of the	2433
Revised Code or to any teacher employed as a substitute for less	2434
than one hundred twenty days during a school year pursuant to	2435
section 3319.10 of the Revised Code.	2436

Sec. 3319.112. (A) The state board of education, in	2437
consultation with the Ohio board of regents, shall establish	2438
guidelines for the evaluation of teachers and principals. The	2439
guidelines shall include the following principles:	2440

(1) A school district should evaluate the performance of	2441
teachers on a regular basis.	2442

(2) The evaluation system adopted by a school district should	2443
be fair, credible, and evidence-based and should use multiple	2444
measures of a teacher or principal's use of knowledge and skills	2445
and of students' academic progress.	2446

(3) The evaluation system adopted by a school district should	2447
be aligned with the standards for teachers and principals adopted	2448
pursuant to section 3319.61 of the Revised Code.	2449

(4) The evaluation system adopted by a school district should	2450
provide clear statements of expectation for professional	2451
performance.	2452

(5) The evaluation of a teacher or principal should suggest	2453
professional development that will enhance future performance in	2454
areas that do not meet expected performance levels.	2455

(6) The criteria included in a school district's evaluation	2456
system should be reviewed on a regular basis and revised as	2457
necessary to ensure effectiveness over time.	2458

(7) The evaluation system adopted by a school district should	2459
address the extent to which a teacher or principal exhibits	2460
cultural competency as defined pursuant to section 3319.61 of the	2461
Revised Code.	2462

(B) Once the state board has established the guidelines, the	2463
state board shall inform school districts of the contents of the	2464
guidelines. All school districts may use the guidelines in	2465
creating or modifying evaluation systems.	2466

(C) To assist school districts that modify evaluation systems	2467
to better reflect a standards-based method, the department of	2468
education shall do both of the following:	2469

(1) Serve as a clearinghouse of promising evaluation	2470
procedures and evaluation models that school districts may use;	2471

(2) Provide technical assistance to school districts that	2472
request assistance in modifying evaluation systems.	2473

Sec. 3319.22.  (A)(1) The state board of education shall	2474
adopt rules establishing the standards and requirements for	2475
obtaining temporary, associate, provisional, and professional	2476
educator licenses of any categories, types, and levels the board	2477
elects to provide. However, no educator license shall be required	2478
for teaching children two years old or younger.	2479

(2) If the state board requires any examinations for educator	2480
licensure, the department of education shall provide the results	2481
of such examinations received by the department to the Ohio board	2482
of regents, in the manner and to the extent permitted by state and	2483
federal law.	2484

(B) Any rules the state board of education adopts, amends, or	2485
rescinds for educator licenses under this section, division (D) of	2486
section 3301.07 of the Revised Code, or any other law shall be	2487
adopted, amended, or rescinded under Chapter 119. of the Revised	2488
Code except as follows:	2489

(1) Notwithstanding division (D) of section 119.03 and	2490
division (A)(1) of section 119.04 of the Revised Code, the	2491
effective datein the case of the adoption of any rules,rule or	2492
the amendment or rescission of any rules,rule that necessitates	2493
institutions' offering teacher preparation programs that are	2494
approved by the state board of education under section 3319.23 of	2495
the Revised Code to revise the curriculum of those programs, the	2496
effective date shall not be as prescribed in division (D) of	2497
section 119.03 and division (A)(1) of section 119.04 of the	2498
Revised Code. Instead, the effective date of such rules, or the	2499
amendment or rescission of such rules, shall be the date	2500
prescribed by section 3319.23 of the Revised Code.	2501

(2) Notwithstanding the authority to adopt, amend, or rescind	2502
emergency rules in division (F) of section 119.03 of the Revised	2503
Code, this authority shall not apply to the state board of	2504
education with regard to rules for educator licenses.	2505

(C)(1) The rules adopted under this section establishing	2506
standards requiring additional coursework for the renewal of any	2507
educator license shall require a school district and a chartered	2508
nonpublic school to establish local professional development	2509
committees. In a nonpublic school, the chief administrative	2510
officer shall establish the committees in any manner acceptable to	2511
such officer. The committees established under this division shall	2512
determine whether coursework that a district or chartered	2513
nonpublic school teacher proposes to complete meets the	2514
requirement of the rules. The department of education shall	2515
provide technical assistance and support to committees as the	2516
committees incorporate the professional development standards	2517
adopted by the state board of education pursuant to section	2518
3319.61 of the Revised Code into their review of coursework that	2519
is appropriate for license renewal. The rules shall establish a	2520
procedure by which a teacher may appeal the decision of a local	2521
professional development committee.	2522

(2) In any school district in which there is no exclusive	2523
representative established under Chapter 4117. of the Revised	2524
Code, the professional development committees shall be established	2525
as described in division (C)(2) of this section.	2526

Not later than the effective date of the rules adopted under	2527
this section, the board of education of each school district shall	2528
establish the structure for one or more local professional	2529
development committees to be operated by such school district. The	2530
committee structure so established by a district board shall	2531
remain in effect unless within thirty days prior to an anniversary	2532
of the date upon which the current committee structure was	2533
established, the board provides notice to all affected district	2534
employees that the committee structure is to be modified.	2535
Professional development committees may have a district-level or	2536
building-level scope of operations, and may be established with	2537
regard to particular grade or age levels for which an educator	2538
license is designated.	2539

Each professional development committee shall consist of at	2540
least three classroom teachers employed by the district, one	2541
principal employed by the district, and one other employee of the	2542
district appointed by the district superintendent. For committees	2543
with a building-level scope, the teacher and principal members	2544
shall be assigned to that building, and the teacher members shall	2545
be elected by majority vote of the classroom teachers assigned to	2546
that building. For committees with a district-level scope, the	2547
teacher members shall be elected by majority vote of the classroom	2548
teachers of the district, and the principal member shall be	2549
elected by a majority vote of the principals of the district,	2550
unless there are two or fewer principals employed by the district,	2551
in which case the one or two principals employed shall serve on	2552
the committee. If a committee has a particular grade or age level	2553
scope, the teacher members shall be licensed to teach such grade	2554
or age levels, and shall be elected by majority vote of the	2555
classroom teachers holding such a license and the principal shall	2556
be elected by all principals serving in buildings where any such	2557
teachers serve. The district superintendent shall appoint a	2558
replacement to fill any vacancy that occurs on a professional	2559
development committee, except in the case of vacancies among the	2560
elected classroom teacher members, which shall be filled by vote	2561
of the remaining members of the committee so selected.	2562

Terms of office on professional development committees shall	2563
be prescribed by the district board establishing the committees.	2564
The conduct of elections for members of professional development	2565
committees shall be prescribed by the district board establishing	2566
the committees. A professional development committee may include	2567
additional members, except that the majority of members on each	2568
such committee shall be classroom teachers employed by the	2569
district. Any member appointed to fill a vacancy occurring prior	2570
to the expiration date of the term for which a predecessor was	2571
appointed shall hold office as a member for the remainder of that	2572
term.	2573

The initial meeting of any professional development	2574
committee, upon election and appointment of all committee members,	2575
shall be called by a member designated by the district	2576
superintendent. At this initial meeting, the committee shall	2577
select a chairperson and such other officers the committee deems	2578
necessary, and shall adopt rules for the conduct of its meetings.	2579
Thereafter, the committee shall meet at the call of the	2580
chairperson or upon the filing of a petition with the district	2581
superintendent signed by a majority of the committee members	2582
calling for the committee to meet.	2583

(3) In the case of a school district in which an exclusive	2584
representative has been established pursuant to Chapter 4117. of	2585
the Revised Code, professional development committees shall be	2586
established in accordance with any collective bargaining agreement	2587
in effect in the district that includes provisions for such	2588
committees.	2589

If the collective bargaining agreement does not specify a	2590
different method for the selection of teacher members of the	2591
committees, the exclusive representative of the district's	2592
teachers shall select the teacher members.	2593

If the collective bargaining agreement does not specify a	2594
different structure for the committees, the board of education of	2595
the school district shall establish the structure, including the	2596
number of committees and the number of teacher and administrative	2597
members on each committee; the specific administrative members to	2598
be part of each committee; whether the scope of the committees	2599
will be district levels, building levels, or by type of grade or	2600
age levels for which educator licenses are designated; the lengths	2601
of terms for members; the manner of filling vacancies on the	2602
committees; and the frequency and time and place of meetings.	2603
However, in all cases, except as provided in division (C)(4) of	2604
this section, there shall be a majority of teacher members of any	2605
professional development committee, there shall be at least five	2606
total members of any professional development committee, and the	2607
exclusive representative shall designate replacement members in	2608
the case of vacancies among teacher members, unless the collective	2609
bargaining agreement specifies a different method of selecting	2610
such replacements.	2611

(4) Whenever an administrator's coursework plan is being	2612
discussed or voted upon, the local professional development	2613
committee shall, at the request of one of its administrative	2614
members, cause a majority of the committee to consist of	2615
administrative members by reducing the number of teacher members	2616
voting on the plan.	2617

(D)(1) The department of education, educational service	2618
centers, county boards of mental retardation and developmental	2619
disabilities, regional professional development centers, special	2620
education regional resource centers, college and university	2621
departments of education, head start programs, the Ohio SchoolNet	2622
commission, and the Ohio education computer network may establish	2623
local professional development committees to determine whether the	2624
coursework proposed by their employees who are licensed or	2625
certificated under this section or section 3319.222 of the Revised	2626
Code meet the requirements of the rules adopted under this	2627
section. They may establish local professional development	2628
committees on their own or in collaboration with a school district	2629
or other agency having authority to establish them.	2630

Local professional development committees established by	2631
county boards of mental retardation and developmental disabilities	2632
shall be structured in a manner comparable to the structures	2633
prescribed for school districts in divisions (C)(2) and (3) of	2634
this section, as shall the committees established by any other	2635
entity specified in division (D)(1) of this section that provides	2636
educational services by employing or contracting for services of	2637
classroom teachers licensed or certificated under this section or	2638
section 3319.222 of the Revised Code. All other entities specified	2639
in division (D)(1) of this section shall structure their	2640
committees in accordance with guidelines which shall be issued by	2641
the state board.	2642

(2) Any public agency that is not specified in division	2643
(D)(1) of this section but provides educational services and	2644
employs or contracts for services of classroom teachers licensed	2645
or certificated under this section or section 3319.222 of the	2646
Revised Code may establish a local professional development	2647
committee, subject to the approval of the department of education.	2648
The committee shall be structured in accordance with guidelines	2649
issued by the state board.	2650

Sec. 3319.225. (A) No temporary educator license shall be	2651
issued under this section for employment as a principal after the	2652
effective date of the rules prescribed by division (A) of section	2653
3319.27 of the Revised Code. No temporary educator license shall	2654
be issued under this section for employment as a superintendent or	2655
in any other administrative position except principal after the	2656
effective date of the rules prescribed by division (B) of section	2657
3319.27 of the Revised Code.	2658

(B) Notwithstanding sections 3319.01 and 3319.22 of the	2659
Revised Code, the board of education of any city, local, or	2660
exempted village, or joint vocational school district, or the	2661
governing board of any educational service center may request the	2662
state board of education to issue a one-year temporary educator	2663
license valid for being employed as a superintendent, or in any	2664
other administrative position, to an individual specified by the	2665
district board. The state board of education may issue the	2666
educator license if the requesting district board has determined	2667
both of the following:	2668

(A)(1) The individual is of good moral character;

2669

(B)(2) The individual holds at least a baccalaureate degree	2670
from an accredited institution of higher education in a field	2671
related to finance or administration, or has five years of recent	2672
work experience in education, management, or administration.	2673

A one-year temporary educator license is valid only in the	2674
district whose board requested the license. An individual holding	2675
such a license may be employed as a superintendent or in any other	2676
administrative position in such district. The state board of	2677
education may renew such license annually upon request of the	2678
employing district.	2679

Sec. 3319.227. This section does not apply to any classroom	2680
teacher required to be a highly qualified teacher pursuant to	2681
section 3319.074 of the Revised Code.	2682

Notwithstanding any provision to the contrary in this chapter	2683
or in any educator licensing rule adopted by the state board of	2684
education under authority granted under this chapter, any	2685
individual who holds an educator license issued under section	2686
3319.22 of the Revised Code or a teacher's certificate issued	2687
under former section 3319.22 of the Revised Code that has	2688
continuing effect under section 3319.222 of the Revised Code may	2689
be employed to teach for up to two school years in a grade level	2690
or in a subject or teaching area for which the individual's	2691
license or certificate is not valid, as long as the individual	2692
agrees that during that time the individual will enroll in,	2693
attend, and complete coursework required by rule of the state	2694
board for licensure to teach in that grade level or in that	2695
subject or teaching area. The necessary coursework may be	2696
completed through classes developed and offered by regional	2697
professional development providers, such as special education	2698
regional resource centers, regional professional development	2699
centers, educational service centers, local education agencies,	2700
professional organizations, and institutions of higher education,	2701
provided the coursework is taken for credit in collaboration with	2702
a college or university that has a teacher education program	2703
approved by the state board. No person shall teach in a grade	2704
level or subject or teaching area under this section beyond two	2705
years until the person has completed all coursework and tests	2706
prescribed by the state board for licensure in that grade level or	2707
subject or teaching area.	2708

Sec. 3319.23.  The state board of education shall establish	2709
standards and courses of study for the preparation of teachers,	2710
shall provide for the inspection of institutions desiring to	2711
prepare teachers, shall approve such institutions as maintain	2712
satisfactory training procedures, and shall properly license the	2713
graduates of such approved courses and institutions. If the	2714
standards adopted by the state board under this section require an	2715
institution also to satisfy the standards of an independent	2716
accreditation organization, the state board shall permit each	2717
institution to satisfy the standards of either the national	2718
council for accreditation of teacher education or the teacher	2719
education accreditation council.	2720

The standards and courses of study for the preparation of	2721
teachers together with the standards, rules, and regulations set	2722
for each kind of license and for the renewal and conversion	2723
thereof shall be adopted and published by the board in accordance	2724
with Chapter 119. of the Revised Code and no change therein.	2725
Notwithstanding division (D) of section 119.03 and division (A)(1)	2726
of section 119.04 of the Revised Code, any standards, courses of	2727
study, rules, and regulations, or any amendment or rescission of	2728
such standards, courses of study, rules, and regulations, adopted	2729
by the board under this section that necessitate institutions	2730
offering teacher preparation programs approved by the board to	2731
revise the curriculum of those programs shall not be effective for	2732
at least one year from the first day of January next succeeding	2733
the publication of the said change.	2734

Sec. 3319.25. Any teacher performance assessment entity with	2735
which the department of education or the state board of education	2736
contracts or any independent agent with whom such entity, the	2737
department, or the state board contracts to provide services as a	2738
teacher performance assessor, trainer of assessors, or assessment	2739
coordinator is not liable for damages in a civil action concerning	2740
the actions of such entity or agent made in the conduct of a	2741
teacher performance assessment unless those actions were conducted	2742
with malicious purpose, in bad faith, or in a wanton or reckless	2743
manner.	2744

As used in this section, "teacher performance assessment"	2745
means an assessment prescribed by the state board of education to	2746
measure the classroom performance of a teacher who is a candidate	2747
for a professional educator license based on observations	2748
conducted by a trained assessor while the teacher is engaged in	2749
actual classroom instruction.	2750

Sec. 3319.26. (A) The state board of education shall adopt	2751
rules establishing the standards and requirements for obtaining an	2752
alternative educator license for teaching in grades seven to	2753
twelve, or the equivalent, in a designated subject area. However,	2754
an alternative educator license in the area of intervention	2755
specialist, as defined by rule of the state board, shall be valid	2756
for teaching in grades kindergarten to twelve. The	2757

(B)(1) The rules shall require applicants for the license to	2758
holdsatisfy the following conditions prior to issuance of the	2759
license:	2760

(a) Hold a minimum of a baccalaureate degree, to have	2761
successfully completed;	2762

(b) Successfully complete three semester hours or the	2763
equivalent of college coursework in the developmental	2764
characteristics of adolescent youths and three semester hours or	2765
the equivalent in teaching methods, and to have passed;	2766

(c) Pass an examination in the subject area for which	2767
application is being made. An	2768

(2) An alternative educator license shall be valid for two	2769
years and shall not be renewable.	2770

(3) The rules shall require the holder of an alternative	2771
educator license, as a condition of continuing to hold the	2772
license, to show satisfactory progress in taking and successfully	2773
completing within two years at least twelve additional semester	2774
hours, or the equivalent, of college coursework in the principles	2775
and practices of teaching in such topics as student development	2776
and learning, pupil assessment procedures, curriculum development,	2777
classroom management, and teaching methodology.	2778

(C) The rules shall provide for the granting of a provisional	2779
educator license to a holder of an alternative educator license	2780
upon successfully completing all of the following:	2781

(A)(1) Two years of teaching under the alternative license;

2782

(B)(2) The twelve semester hours, or the equivalent, of the	2783
additional college coursework described in division (B)(3) of this	2784
section;	2785

(C)(3) The assessment of subject matter content and	2786
professional knowledge that is required of other applicants for a	2787
provisional educator license. The standards for successfully	2788
completing this assessment and the manner of conducting the	2789
assessment shall be the same as for any other applicant for a	2790
provisional educator license.	2791

Sec. 3319.261. An individual who otherwise qualifies for an	2792
alternative educator license for employment as an intervention	2793
specialist as authorized under section 3319.26 of the Revised Code	2794
shall be issued such license without successful completion of the	2795
examination specified in division (B)(1)(c) of section 3319.26 of	2796
the Revised Code. The individual to whom the alternative educator	2797
license is issued under this section shall be required to	2798
successfully complete that examination prior to issuance of a	2799
provisional educator license as provided in division (C) of	2800
section 3319.26 of the Revised Code only after completing the	2801
coursework prescribed in division (B)(3) of that section.	2802

Sec. 3319.27. (A) The state board of education shall adopt	2803
rules that establish an alternative principal license. The rules	2804
establishing an alternative principal license shall include a	2805
requirement that an applicant have obtained classroom teaching	2806
experience. Beginning on the effective date of the rules, the	2807
state board shall cease to issue temporary educator licenses	2808
pursuant to section 3319.225 of the Revised Code for employment as	2809
a principal. Any person who on the effective date of the rules	2810
holds a valid temporary educator license issued under that section	2811
and is employed as a principal shall be allowed to continue	2812
employment as a principal until the expiration of the license.	2813
Employment of any such person as a principal by a school district	2814
after the expiration of the temporary educator license shall be	2815
contingent upon the state board issuing the person an alternative	2816
principal license in accordance with the rules adopted under this	2817
division.	2818

(B) The state board shall adopt rules that establish an	2819
alternative administrator license, which shall be valid for	2820
employment as a superintendent or in any other administrative	2821
position except principal. Beginning on the effective date of the	2822
rules, the state board shall cease to issue temporary educator	2823
licenses pursuant to section 3319.225 of the Revised Code for	2824
employment as a superintendent or in any other administrative	2825
position except principal. Any person who on the effective date of	2826
the rules holds a valid temporary educator license issued under	2827
that section and is employed as a superintendent or in any other	2828
administrative position except principal shall be allowed to	2829
continue employment in that position until the expiration of the	2830
license. Employment of any such person as a superintendent or in	2831
any other administrative position except principal by a school	2832
district after the expiration of the temporary educator license	2833
shall be contingent upon the state board issuing the person an	2834
alternative administrator license in accordance with the rules	2835
adopted under this division.	2836

Sec. 3319.283.  (A) The board of education of any school	2837
district may employ an individual who is not certificated or	2838
licensed as required by Chapter 3319. of the Revised Code, but who	2839
meets the following qualifications, as a teacher in the schools of	2840
the district:	2841

(1) The individual is a veteran of the armed forces of the	2842
United States and was honorably discharged within three years of	2843
the effective date of this amendmentJune 30, 1997;	2844

(2) While in the armed forces the individual had meaningful	2845
teaching or other instructional experience;	2846

(3) The individual holds at least a baccalaureate degree.

2847

(B) An individual employed under this section shall be deemed	2848
to hold a teaching certificate or educator license for the	2849
purposes of state and federal law and rules and regulations and	2850
school district policies, rules, and regulations. Such individuals	2851
However, an individual employed under this section is not a highly	2852
qualified teacher for purposes of the school district's compliance	2853
with section 3319.074 of the Revised Code. Each individual	2854
employed under this section shall meet the requirement to	2855
successfully complete fifteen hours, or the equivalent, of	2856
coursework every five years that is approved by the local	2857
professional development committee as is required of other	2858
teachers licensed in accordance with Chapter 3319. of the Revised	2859
Code.	2860

(C) The superintendent of public instruction may revoke the	2861
right of an individual employed under division (A) of this section	2862
to teach if, after an investigation and an adjudication conducted	2863
pursuant to Chapter 119. of the Revised Code, the superintendent	2864
finds that the person is not competent to teach the subject the	2865
person has been employed to teach or did not fulfill the	2866
requirements of division (A) of this section. No individual whose	2867
right to teach has been revoked under this division shall teach in	2868
a public school, and no board of education may engage such an	2869
individual to teach in the schools of its district.	2870

Notwithstanding division (B) of this section, a board of	2871
education is not required to comply with the provisions of	2872
sections 3319.11 and 3319.16 of the Revised Code with regard to	2873
termination of employment if the superintendent, after an	2874
investigation and an adjudication, has revoked the individual's	2875
right to teach.	2876

Sec. 3319.29.  Each application for any license or	2877
certificate pursuant to sectionsections 3319.22 to 3319.28	2878
3319.27 of the Revised Code or for any permit pursuant to section	2879
3319.301 or 3319.303 of the Revised Code, or renewal or duplicate	2880
of such a license, certificate, or permit, shall be accompanied by	2881
the payment of a fee in the amount established under division (A)	2882
of section 3319.51 of the Revised Code. Any fees received under	2883
this section shall be paid into the state treasury to the credit	2884
of the state board of education licensure fund established under	2885
division (B) of section 3319.51 of the Revised Code.	2886

Any person applying for or holding a license, certificate, or	2887
permit pursuant to this section and sections 3319.22 to 3319.28	2888
3319.27 or section 3319.301 or 3319.303 of the Revised Code is	2889
subject to sections 3123.41 to 3123.50 of the Revised Code and any	2890
applicable rules adopted under section 3123.63 of the Revised Code	2891
and sections 3319.31 and 3319.311 of the Revised Code.	2892

Sec. 3319.291.  (A) Except for a certificate of the type	2893
described in division (B) of section 3319.281 of the Revised Code,	2894
whenWhen any person initially applies for any certificate,	2895
license, or permit described in division (B) of section 3301.071	2896
or, in section 3301.074, 3319.088, or 3319.29, or in division (A)	2897
of section 3319.303 of the Revised Code, the state board of	2898
education shall require the person to submit with the application	2899
two complete sets of fingerprints and written permission that	2900
authorizes the superintendent of public instruction to forward the	2901
fingerprints to the bureau of criminal identification and	2902
investigation pursuant to division (F) of section 109.57 of the	2903
Revised Code and that authorizes that bureau to forward the	2904
fingerprints to the federal bureau of investigation for purposes	2905
of obtaining any criminal records that the federal bureau	2906
maintains on the person.	2907

(B) The state board of education or the superintendent of	2908
public instruction may request the superintendent of the bureau of	2909
criminal identification and investigation to do either or both of	2910
the following:	2911

(1) Investigate and determine whether the bureau has any	2912
information, gathered pursuant to division (A) of section 109.57	2913
of the Revised Code, pertaining to any person submitting	2914
fingerprints and written permission under this section;	2915

(2) Obtain any criminal records that the federal bureau of	2916
investigation has on the person.	2917

Sec. 3319.303. (A) The state board of education shall adopt	2918
rules establishing standards and requirements for obtaining a	2919
pupil-activity program permit for any individual who does not hold	2920
a valid educator license, certificate, or permit issued by the	2921
state board under section 3319.22, 3319.26, 3319.27, or 3319.302	2922
of the Revised Code. The permit issued under this section shall be	2923
valid for coaching, supervising, or directing a pupil-activity	2924
program under section 3313.53 of the Revised Code. Subject to the	2925
provisions of section 3319.31 of the Revised Code, a permit issued	2926
under this section shall be valid for three years and shall be	2927
renewable.	2928

(B) The state board shall adopt rules applicable to	2929
individuals who hold valid educator licenses, certificates, or	2930
permits issued by the state board under section 3319.22, 3319.26,	2931
3319.27, or 3319.302 of the Revised Code setting forth standards	2932
to assure any such individual's competence to direct, supervise,	2933
or coach a pupil-activity program. The rules adopted under this	2934
division shall not be more stringent than the standards set forth	2935
in rules applicable to individuals who do not hold such licenses,	2936
certificates, or permits adopted under division (A) of this	2937
section.	2938

Sec. 3319.31.  (A) As used in this section and sections	2939
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	2940
means a certificate, license, or permit described in division (B)	2941
of section 3301.071 or, in section 3301.074, 3319.088, 3319.29, or	2942
3319.302, or in division (A) of section 3319.303 of the Revised	2943
Code.	2944

(B) For any of the following reasons, the state board of	2945
education, in accordance with Chapter 119. and section 3319.311 of	2946
the Revised Code, may refuse to issue a license to an applicant,	2947
may limit a license it issues to an applicant, or may suspend,	2948
revoke, or limit a license that has been issued to any person:	2949

(1) Engaging in an immoral act, incompetence, negligence, or	2950
conduct that is unbecoming to the applicant's or person's	2951
position;	2952

(2) A plea of guilty to, a finding of guilt by a jury or	2953
court of, or a conviction of any of the following:	2954

(a) A felony;

2955

(b) A violation of section 2907.04 or 2907.06 or division (A)	2956
or (B) of section 2907.07 of the Revised Code;	2957

(c) An offense of violence;

2958

(d) A theft offense, as defined in section 2913.01 of the	2959
Revised Code;	2960

(e) A drug abuse offense, as defined in section 2925.01 of	2961
the Revised Code, that is not a minor misdemeanor;	2962

(f) A violation of an ordinance of a municipal corporation	2963
that is substantively comparable to an offense listed in divisions	2964
(B)(2)(a) to (e) of this section.	2965

(C) The state board may take action under division (B) of	2966
this section on the basis of substantially comparable conduct	2967
occurring in a jurisdiction outside this state or occurring before	2968
a person applies for or receives any license.	2969

(D) The state board may adopt rules in accordance with	2970
Chapter 119. of the Revised Code to carry out this section and	2971
section 3319.311 of the Revised Code.	2972

Sec. 3319.311.  (A) The state board of education, or the	2973
superintendent of public instruction on behalf of the board, may	2974
investigate any information received about a person that	2975
reasonably appears to be a basis for action under section 3319.31	2976
of the Revised Code. The board shall contract with the office of	2977
the Ohio attorney general to conduct any investigation of that	2978
nature. The board shall pay for the costs of the contract only	2979
from moneys in the state board of education licensure fund	2980
established under division (B) of section 3319.51 of the Revised	2981
Code. All information obtained during an investigation is	2982
confidential and is not a public record under section 149.43 of	2983
the Revised Code. If an investigation is conducted under this	2984
division regarding information received about a person and no	2985
action is taken against the person under this section or section	2986
3319.31 of the Revised Code within two years of the completion of	2987
the investigation, all records of the investigation shall be	2988
expunged.	2989

(B) The superintendent of public instruction shall review the	2990
results of each investigation of a person conducted under division	2991
(A) of this section and shall determine, on behalf of the state	2992
board, whether the results warrant initiating action under section	2993
3319.31 of the Revised Code. The superintendent shall advise the	2994
board of such determination at a meeting of the board. Within	2995
fourteen days of the next meeting of the board, any member of the	2996
board may ask that the question of initiating action under section	2997
3319.31 of the Revised Code be placed on the board's agenda for	2998
that next meeting. Prior to initiating that action against any	2999
person, the person's name and any other personally identifiable	3000
information shall remain confidential.	3001

(C) The board shall take no action against a person under	3002
section 3319.31 of the Revised Code without providing the person	3003
with written notice of the charges and with an opportunity for a	3004
hearing in accordance with Chapter 119. of the Revised Code. For	3005

(D) For purposes of thean investigation under division (A)	3006
of this section or a hearing under division (C) of this section,	3007
the board, or the superintendent on behalf of the board, may	3008
administer oaths, order the taking of depositions, issue	3009
subpoenas, and compel the attendance of witnesses and the	3010
production of books, accounts, papers, records, documents, and	3011
testimony. The issuance of subpoenas under this division may be by	3012
certified mail or personal delivery to the person.	3013

(D)(E) The superintendent, on behalf of the board, may enter	3014
into a consent agreement with a person against whom action is	3015
being taken under section 3319.31 of the Revised Code. The board	3016
may adopt rules governing the superintendent's action under this	3017
division.	3018

(E)(F) The board automatically may suspend any license	3019
without a prior hearing if the license holder is convicted of or	3020
pleads guilty to one or more of the following offenses or a	3021
violation of an ordinance of a municipal corporation or a law of	3022
another state that is substantially comparable to one of the	3023
following offenses: aggravated murder; murder; aggravated arson;	3024
aggravated robbery; aggravated burglary; voluntary manslaughter;	3025
felonious assault; kidnapping; rape; sexual battery; gross sexual	3026
imposition; or unlawful sexual conduct with a minor. A suspension	3027
under this division is effective on the date of the conviction or	3028
guilty plea.	3029

For a suspension under this division, the board, in	3030
accordance with section 119.07 of the Revised Code, shall issue a	3031
written order of suspension to the license holder by certified	3032
mail or in person and shall afford the person a hearing upon	3033
request. If the person does not request a hearing within the time	3034
limits established by that section, the board shall enter a final	3035
order revoking the person's license. An order of suspension under	3036
this division is not subject to suspension by a court during the	3037
pendency of an appeal filed under section 119.12 of the Revised	3038
Code.	3039

An order of suspension under this division shall remain in	3040
effect, unless reversed on appeal, until the final order of the	3041
board, issued pursuant to this section and Chapter 119. of the	3042
Revised Code, becomes effective. The board shall issue a final	3043
order within sixty days of the date of an order of suspension	3044
under this division or a hearing on an order of suspension,	3045
whichever is later. If the board fails to issue a final order by	3046
that deadline, the order of suspension is dissolved. No	3047
dissolution of an order of suspension under this division shall	3048
invalidate a subsequent final order of the board.	3049

(F)(G) No surrender of a license shall be effective until the	3050
board takes action to accept the surrender unless the surrender is	3051
pursuant to a consent agreement entered into under division (D)(E)	3052
of this section.	3053

Sec. 3319.36.  (A) No treasurer of a board of education or	3054
educational service center shall draw a check for the payment of a	3055
teacher for services until the teacher files with the treasurer	3056
both of the following:	3057

(1) Such reports as are required by the state board of	3058
education, the school district board of education, or the	3059
superintendent of schools;	3060

(2) Except for a teacher who is engaged pursuant to section	3061
3319.301 of the Revised Code, a written statement from the city,	3062
exempted village, or local school district superintendent or the	3063
educational service center superintendent that the teacher has	3064
filed with the treasurer a legal educator license or internship	3065
certificate, or true copy of it, to teach the subjects or grades	3066
taught, with the dates of its validity. The state board of	3067
education shall prescribe the record and administration for such	3068
filing of educator licenses and internship certificates in	3069
educational service centers.	3070

(B) Notwithstanding division (A) of this section, the	3071
treasurer may pay either of the following:	3072

(1) Any teacher for services rendered during the first two	3073
months of the teacher's initial employment with the school	3074
district or educational service center, provided such teacher is	3075
the holder of a bachelor's degree or higher and has filed with the	3076
state board of education an application for the issuance of a	3077
provisional or professional educator license.	3078

(2) Any substitute teacher for services rendered while	3079
conditionally employed under section 3319.101 of the Revised Code.	3080

(C) Upon notice to the treasurer given by the state board of	3081
education or any superintendent having jurisdiction that reports	3082
required of a teacher have not been made, the treasurer shall	3083
withhold the salary of the teacher until the required reports are	3084
completed and furnished.	3085

Sec. 3319.39.  (A)(1) Except as provided in division	3086
(F)(2)(b) of section 109.57 of the Revised Code and division (I)	3087
of this section, the appointing or hiring officer of the board of	3088
education of a school district, the governing board of an	3089
educational service center, or of a chartered nonpublic school	3090
shall request the superintendent of the bureau of criminal	3091
identification and investigation to conduct a criminal records	3092
check with respect to any applicant who has applied to the school	3093
district, educational service center, or school for employment in	3094
any position as a person responsible for the care, custody, or	3095
control of a child. If the applicant does not present proof that	3096
the applicant has been a resident of this state for the five-year	3097
period immediately prior to the date upon which the criminal	3098
records check is requested or does not provide evidence that	3099
within that five-year period the superintendent has requested	3100
information about the applicant from the federal bureau of	3101
investigation in a criminal records check, the appointing or	3102
hiring officer shall request that the superintendent obtain	3103
information from the federal bureau of investigation as a part of	3104
the criminal records check for the applicant. If the applicant	3105
presents proof that the applicant has been a resident of this	3106
state for that five-year period, the appointing or hiring officer	3107
may request that the superintendent include information from the	3108
federal bureau of investigation in the criminal records check.	3109

(2) A person required by division (A)(1) of this section to	3110
request a criminal records check shall provide to each applicant a	3111
copy of the form prescribed pursuant to division (C)(2) of section	3112
109.572 of the Revised Code, provide to each applicant a standard	3113
impression sheet to obtain fingerprint impressions prescribed	3114
pursuant to division (C)(2) of section 109.572 of the Revised	3115
Code, obtain the completed form and impression sheet from each	3116
applicant, and forward the completed form and impression sheet to	3117
the superintendent of the bureau of criminal identification and	3118
investigation at the time the person requests a criminal records	3119
check pursuant to division (A)(1) of this section.	3120

(3) An applicant who receives pursuant to division (A)(2) of	3121
this section a copy of the form prescribed pursuant to division	3122
(C)(1) of section 109.572 of the Revised Code and a copy of an	3123
impression sheet prescribed pursuant to division (C)(2) of that	3124
section and who is requested to complete the form and provide a	3125
set of fingerprint impressions shall complete the form or provide	3126
all the information necessary to complete the form and shall	3127
provide the impression sheet with the impressions of the	3128
applicant's fingerprints. If an applicant, upon request, fails to	3129
provide the information necessary to complete the form or fails to	3130
provide impressions of the applicant's fingerprints, the board of	3131
education of a school district, governing board of an educational	3132
service center, or governing authority of a chartered nonpublic	3133
school shall not employ that applicant for any position for which	3134
a criminal records check is required pursuant to division (A)(1)	3135
of this section.	3136

(B)(1) Except as provided in rules adopted by the department	3137
of education in accordance with division (E) of this section and	3138
as provided in division (B)(3) of this section, no board of	3139
education of a school district, no governing board of an	3140
educational service center, and no governing authority of a	3141
chartered nonpublic school shall employ a person as a person	3142
responsible for the care, custody, or control of a child if the	3143
person previously has been convicted of or pleaded guilty to any	3144
of the following:	3145

(a) A violation of section 2903.01, 2903.02, 2903.03,	3146
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3147
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3148
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3149
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3150
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3151
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3152
2925.06, or 3716.11 of the Revised Code, a violation of section	3153
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	3154
violation of section 2919.23 of the Revised Code that would have	3155
been a violation of section 2905.04 of the Revised Code as it	3156
existed prior to July 1, 1996, had the violation been committed	3157
prior to that date,, a violation of section 2925.11 of the Revised	3158
Code that is not a minor drug possession offense, or felonious	3159
sexual penetration in violation of former section 2907.12 of the	3160
Revised Code;	3161

(b) A violation of an existing or former law of this state,	3162
another state, or the United States that is substantially	3163
equivalent to any of the offenses or violations described in	3164
division (B)(1)(a) of this section.	3165

(2) A board, governing board of an educational service	3166
center, or a governing authority of a chartered nonpublic school	3167
may employ an applicant conditionally until the criminal records	3168
check required by this section is completed and the board or	3169
governing authority receives the results of the criminal records	3170
check. If the results of the criminal records check indicate that,	3171
pursuant to division (B)(1) of this section, the applicant does	3172
not qualify for employment, the board or governing authority shall	3173
release the applicant from employment.	3174

(3) No board and no governing authority of a chartered	3175
nonpublic school shall employ a teacher who previously has been	3176
convicted of or pleaded guilty to any of the offenses listed in	3177
section 3319.31 of the Revised Code.	3178

(C)(1) Each board and each governing authority of a chartered	3179
nonpublic school shall pay to the bureau of criminal	3180
identification and investigation the fee prescribed pursuant to	3181
division (C)(3) of section 109.572 of the Revised Code for each	3182
criminal records check conducted in accordance with that section	3183
upon the request pursuant to division (A)(1) of this section of	3184
the appointing or hiring officer of the board or governing	3185
authority.	3186

(2) A board and the governing authority of a chartered	3187
nonpublic school may charge an applicant a fee for the costs it	3188
incurs in obtaining a criminal records check under this section. A	3189
fee charged under this division shall not exceed the amount of	3190
fees the board or governing authority pays under division (C)(1)	3191
of this section. If a fee is charged under this division, the	3192
board or governing authority shall notify the applicant at the	3193
time of the applicant's initial application for employment of the	3194
amount of the fee and that, unless the fee is paid, the board or	3195
governing authority will not consider the applicant for	3196
employment.	3197

(D) The report of any criminal records check conducted by the	3198
bureau of criminal identification and investigation in accordance	3199
with section 109.572 of the Revised Code and pursuant to a request	3200
under division (A)(1) of this section is not a public record for	3201
the purposes of section 149.43 of the Revised Code and shall not	3202
be made available to any person other than the applicant who is	3203
the subject of the criminal records check or the applicant's	3204
representative, the board or governing authority requesting the	3205
criminal records check or its representative, and any court,	3206
hearing officer, or other necessary individual involved in a case	3207
dealing with the denial of employment to the applicant.	3208

(E) The department of education shall adopt rules pursuant to	3209
Chapter 119. of the Revised Code to implement this section,	3210
including rules specifying circumstances under which the board or	3211
governing authority may hire a person who has been convicted of an	3212
offense listed in division (B)(1) or (3) of this section but who	3213
meets standards in regard to rehabilitation set by the department.	3214

(F) Any person required by division (A)(1) of this section to	3215
request a criminal records check shall inform each person, at the	3216
time of the person's initial application for employment, of the	3217
requirement to provide a set of fingerprint impressions and that a	3218
criminal records check is required to be conducted and	3219
satisfactorily completed in accordance with section 109.572 of the	3220
Revised Code if the person comes under final consideration for	3221
appointment or employment as a precondition to employment for the	3222
school district, educational service center, or school for that	3223
position.	3224

(G) As used in this section:

3225

(1) "Applicant" means a person who is under final	3226
consideration for appointment or employment in a position with a	3227
board of education, governing board of an educational service	3228
center, or a chartered nonpublic school as a person responsible	3229
for the care, custody, or control of a child, except that	3230
"applicant" does not include a person already employed by a board	3231
or chartered nonpublic school in a position of care, custody, or	3232
control of a child who is under consideration for a different	3233
position with such board or school.	3234

(2) "Teacher" means a person holding an educator license,	3235
internship certificate, or permit issued under section 3319.22,	3236
3319.28, or 3319.301 of the Revised Code and teachers in a	3237
chartered nonpublic school.	3238

(3) "Criminal records check" has the same meaning as in	3239
section 109.572 of the Revised Code.	3240

(4) "Minor drug possession offense" has the same meaning as	3241
in section 2925.01 of the Revised Code.	3242

(H) If the board of education of a local school district	3243
adopts a resolution requesting the assistance of the educational	3244
service center in which the local district has territory in	3245
conducting criminal records checks of substitute teachers under	3246
this section, the appointing or hiring officer of such educational	3247
service center shall serve for purposes of this section as the	3248
appointing or hiring officer of the local board in the case of	3249
hiring substitute teachers for employment in the local district.	3250

(I) The requirements of this section shall not apply to a	3251
person holding a certificate of the type described in section	3252
3319.281 of the Revised Code who applies to a school district or	3253
school for employment in an adult instruction position under which	3254
that person is not responsible for the care, custody, or control	3255
of a child.	3256

Sec. 3319.51.  (A) The state board of education shall	3257
annually establish the amount of the fees required to be paid	3258
under division (B) of section 3301.071 and, under sections	3259
3301.074, 3319.088, 3319.29, and 3319.302, and under division (A)	3260
of section 3319.303 of the Revised Code. The amount of these fees	3261
shall be such that they, along with any appropriation made to the	3262
fund established under division (B) of this section, will be	3263
sufficient to cover the annual estimated cost of administering the	3264
sections of law listed under division (B) of this section.	3265

(B) There is hereby established in the state treasury the	3266
state board of education licensure fund, which shall be used by	3267
the state board of education solely to pay the cost of	3268
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	3269
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, 3319.303, and	3270
3319.31 of the Revised Code. The fund shall consist of the amounts	3271
paid into the fund pursuant to division (B) of section 3301.071	3272
and, sections 3301.074, 3319.088, 3319.29, and 3319.302, and	3273
division (A) of section 3319.303 of the Revised Code and any	3274
appropriations to the fund by the general assembly.	3275

Sec. 3319.56. The department of education shall identify	3276
promising practices in Ohio and throughout the country for	3277
engaging teachers certified by the national board for professional	3278
teaching standards and other master teachers, as defined by the	3279
educator standards board pursuant to section 3319.61 of the	3280
Revised Code, in ways that add value beyond their own classrooms.	3281
Practices identified by the department as promising may include	3282
placing national board certified and master teachers in key roles	3283
in peer review programs; having such teachers serve as coaches,	3284
mentors, and trainers for other teachers; or having such teachers	3285
develop curricula or instructional integration strategies.	3286

Once the department has identified promising practices, the	3287
department shall inform all school districts of the practices by	3288
posting such information on the department's world wide web site.	3289

Sec. 3319.57.  (A) A grant program is hereby established	3290
under which the department of education shall award grants to	3291
assist certain schools in a city, exempted village, local, or	3292
joint vocational school district in implementing one of the	3293
following innovations:	3294

(1) The use of instructional specialists to mentor and	3295
support classroom teachers;	3296

(2) The use of building managers to supervise the	3297
administrative functions of school operation so that a school	3298
principal can focus on supporting instruction, providing	3299
instructional leadership, and engaging teachers as part of the	3300
instructional leadership team;	3301

(3) The reconfiguration of school leadership structure in a	3302
manner that allows teachers to serve in leadership roles so that	3303
teachers may share the responsibility for making and implementing	3304
school decisions;	3305

(4) The adoption of new models for restructuring the school	3306
day or school year, such as including teacher planning and	3307
collaboration time as part of the school day;	3308

(5) The creation of smaller schools or smaller units within	3309
larger schools for the purpose of facilitating teacher	3310
collaboration to improve and advance the professional practice of	3311
teaching;	3312

(6) The implementation of "grow your own" recruitment	3313
strategies that are designed to assist individuals who show a	3314
commitment to education become licensed teachers, to assist	3315
experienced teachers obtain licensure in subject areas for which	3316
there is need, and to assist teachers in becoming principals;	3317

(7) The provision of better conditions for new teachers, such	3318
as reduced teaching load and reduced class size;	3319

(8) The provision of incentives to attract qualified	3320
mathematics, science, or special education teachers;	3321

(9) The development and implementation of a partnership with	3322
teacher preparation programs at colleges and universities to help	3323
attract teachers qualified to teach in shortage areas;	3324

(10) The implementation of a program to increase the cultural	3325
competency of both new and veteran teachers;	3326

(11) The implementation of a program to increase the subject	3327
matter competency of veteran teachers.	3328

(B) To qualify for a grant to implement one of the	3329
innovations described in division (A) of this section, a school	3330
must meet both of the following criteria:	3331

(1) Be hard to staff, as defined by the department.

3332

(2) Use existing school district funds for the implementation	3333
of the innovation in an amount equal to the grant amount	3334
multiplied by (1 - the district's state share percentage for the	3335
fiscal year in which the grant is awarded).	3336

For purposes of division (B)(2) of this section, "state share	3337
percentage" shall be as calculated under section 3317.022 of the	3338
Revised Code, in the case of a city, local, or exempted village	3339
school district, or as calculated under section 3317.16 of the	3340
Revised Code, in the case of a joint vocational school district.	3341

(C) The amount and number of grants awarded under this	3342
section shall be determined by the department based on any	3343
appropriations made by the general assembly for grants under this	3344
section.	3345

(D) The state board of education shall adopt rules for the	3346
administration of this grant program.	3347

Sec. 3319.60.  There is hereby established the educator	3348
standards board. The board shall develop and recommend to the	3349
state board of education standards for entering and continuing in	3350
the teaching and principalship professions and standards for	3351
educator professional development.	3352

(A) The board shall consist of the following members	3353
appointed by the state board of education within sixty days of the	3354
effective date of this section:	3355

(1) Eight persons employed as teachers in a school district.	3356
Two persons appointed under this division shall be employed as	3357
teachers in a secondary school, two persons shall be employed as	3358
teachers in a middle school, two persons shall be employed as	3359
teachers in an elementary school, one person shall be employed as	3360
a teacher in a pre-kindergarten classroom, and one person shall be	3361
a teacher who serves on a local professional development committee	3362
pursuant to section 3319.22 of the Revised Code. At least one	3363
person appointed under this division shall hold a teaching	3364
certificate or license issued by the national board for	3365
professional teaching standards. The Ohio education association	3366
shall submit a list of twelve nominees for these appointments and	3367
the state board shall appoint six members to the educator	3368
standards board from that list. The Ohio federation of teachers	3369
shall submit a list of four nominees for these appointments and	3370
the state board shall appoint two members to the educator	3371
standards board from that list. If there is an insufficient number	3372
of nominees from both lists to satisfy the membership requirements	3373
of this division, the state board shall request additional	3374
nominees who satisfy those requirements.	3375

(2) One person employed as a teacher in a chartered,	3376
nonpublic school. Stakeholder groups selected by the state board	3377
shall submit a list of two nominees for this appointment.	3378

(3) Four persons employed as school administrators in a	3379
school district. Of the four persons appointed under this	3380
division, one person shall be employed as a secondary school	3381
principal, one person shall be employed as a middle school	3382
principal, one person shall be employed as an elementary school	3383
principal, and one person shall be employed as a school district	3384
superintendent. The buckeye association of school administrators	3385
shall submit a list of two nominees for the school district	3386
superintendent, the Ohio association of elementary school	3387
administrators shall submit a list of two nominees for the	3388
elementary school principal, and the Ohio association of secondary	3389
school administrators shall submit a list of two nominees for the	3390
middle school principal and a list of two nominees for the	3391
secondary school principal.	3392

(4) One person who is a member of a school district board of	3393
education. The Ohio school boards association shall submit a list	3394
of two nominees for this appointment.	3395

(5) Three persons employed by institutions of higher	3396
education that offer teacher preparation programs approved under	3397
section 3319.23 of the Revised Code. One person appointed under	3398
this division shall be employed by an institution of higher	3399
education that has a certificate of authorization under Chapter	3400
1713. of the Revised Code; one person shall be employed by a state	3401
university, as defined in section 3345.011 of the Revised Code, or	3402
a university branch; and one person shall be employed by a state	3403
community college, community college, or technical college. Of the	3404
two persons appointed under this division from an institution of	3405
higher education that has a certificate of authorization under	3406
Chapter 1713. of the Revised Code and from a state university or	3407
university branch, one shall be employed in a college of education	3408
and one shall be employed in a college of arts and sciences. The	3409
chancellor of the Ohio board of regents shall submit a list of two	3410
nominees for each of these appointments.	3411

(6) The superintendent of public instruction or a designee of	3412
the superintendent, the chancellor of the Ohio board of regents or	3413
a designee of the chancellor, and the chairpersons of the	3414
education committees of the senate and house of representatives	3415
shall serve as nonvoting, ex officio members.	3416

(B) Initial terms of office for nine members shall be for two	3417
years and three years for eight members, beginning on the day all	3418
members are appointed to the board. At the first meeting of the	3419
board, members shall draw lots to determine the length of the term	3420
each member shall serve. Thereafter terms of office shall be for	3421
two years. Each member shall hold office from the date of the	3422
member's appointment until the end of the term for which the	3423
member was appointed. At the first meeting, appointed members	3424
shall select a chairperson and a vice-chairperson. Vacancies on	3425
the board shall be filled in the same manner as the original	3426
appointments. Any member appointed to fill a vacancy occurring	3427
prior to the expiration of the term for which the member's	3428
predecessor was appointed shall hold office for the remainder of	3429
such term. Any member shall continue in office subsequent to the	3430
expiration date of the member's term until the member's successor	3431
takes office, or until a period of sixty days has elapsed,	3432
whichever occurs first. The terms of office of members are	3433
renewable.	3434

(C) Members shall receive no compensation for their services.

3435

(D) The board shall establish guidelines for its operation.	3436
These guidelines shall permit the creation of standing	3437
subcommittees when necessary. The board shall determine the	3438
membership of any subcommittee it creates. The board may select	3439
persons who are not members of the board to participate in the	3440
deliberations of any subcommittee as representatives of	3441
stakeholder groups, but no such person shall vote on any issue	3442
before the subcommittee.	3443

Sec. 3319.61. (A) The educator standards board, in	3444
consultation with the Ohio board of regents, shall do all of the	3445
following:	3446

(1) Develop state standards for teachers and principals that	3447
reflect what teachers and principals are expected to know and be	3448
able to do at all stages of their careers. These standards shall	3449
be aligned with the statewide academic content standards for	3450
students adopted pursuant to section 3301.079 of the Revised Code,	3451
be primarily based on educator performance instead of years of	3452
experience or certain courses completed, and rely on	3453
evidence-based factors.	3454

(a) The standards for teachers shall reflect the following	3455
additional criteria:	3456

(i) Alignment with the interstate new teacher assessment and	3457
support consortium standards;	3458

(ii) Differentiation among novice, experienced, and advanced	3459
teachers;	3460

(iii) Reliance on competencies that can be measured;

3461

(iv) Reliance on content knowledge, teaching skills,	3462
discipline-specific teaching methods, and requirements for	3463
professional development;	3464

(v) Alignment with a career-long system of professional	3465
development and evaluation that ensures teachers receive the	3466
support and training needed to achieve the teaching standards as	3467
well as reliable feedback about how well they meet the standards.	3468

(b) The standards for principals shall be aligned with the	3469
interstate school leaders licensing consortium standards.	3470

(2) Develop standards for the renewal of educator licenses	3471
under section 3319.22 of the Revised Code;	3472

(3) Develop standards for educator professional development.

3473

(B) The educator standards board shall incorporate indicators	3474
of cultural competency into the standards developed under division	3475
(A) of this section. For this purpose, the educator standards	3476
board shall develop a definition of cultural competency based upon	3477
content and experiences that enable educators to know, understand,	3478
and appreciate the students, families, and communities that they	3479
serve and skills for addressing cultural diversity in ways that	3480
respond equitably and appropriately to the cultural needs of	3481
individual students.	3482

(C) In developing the standards under division (A) of this	3483
section, the educator standards board shall consider the impact of	3484
the standards on closing the achievement gap between students of	3485
different subgroups.	3486

(D) In developing the standards under division (A) of this	3487
section, the educator standards board shall ensure that teachers	3488
and principals have sufficient knowledge to provide appropriate	3489
instruction for students identified as gifted pursuant to Chapter	3490
3324. of the Revised Code and to assist in the identification of	3491
such students.	3492

(E) The standards for educator professional development	3493
developed under division (A)(3) of this section shall include	3494
standards that address the crucial link between academic	3495
achievement and mental health issues.	3496

(F) The educator standards board shall also perform the	3497
following functions:	3498

(1) Collaborate with colleges and universities that offer	3499
teacher preparation programs approved pursuant to section 3319.23	3500
of the Revised Code to align teacher and principal preparation	3501
courses with the standards developed under division (A) of this	3502
section and with student academic content standards adopted under	3503
section 3301.079 of the Revised Code. The educator standards board	3504
shall study the model developed by the college of food,	3505
agricultural, and environmental sciences and the college of	3506
education of the Ohio state university for aligning teacher	3507
preparation programs in agricultural education with recognized	3508
standards for this purpose.	3509

(2) Monitor compliance with the teacher and principal	3510
standards developed under division (A) of this section and make	3511
recommendations to the state board of education for appropriate	3512
corrective action if such standards are not met;	3513

(3) Research, develop, and recommend policies on the	3514
professions of teaching and school administration;	3515

(4) Recommend policies to close the achievement gap between	3516
students of different subgroups;	3517

(5) Define a "master teacher" in a manner that can be used	3518
uniformly by all school districts. It is the intent of the general	3519
assembly that when defining "master teacher," the educator	3520
standards board shall adopt multiple, equal-weighted criteria to	3521
use in determining whether a person is a master teacher. Such	3522
criteria may include, but shall not be limited to, attainment of a	3523
master's degree in an appropriate subject area, completion of	3524
other educational levels or professional development courses,	3525
certification by the national board for professional teaching	3526
standards, or demonstration of a leadership role in the teacher's	3527
school building. The board shall determine the number of criteria	3528
that a teacher shall satisfy to be recognized as a master teacher,	3529
which shall not be the total number of criteria adopted by the	3530
board.	3531

(G) The educator standards board shall submit recommendations	3532
of standards developed under division (A) of this section to the	3533
state board of education within one year after the educator	3534
standards board first convenes. The state board of education shall	3535
review those recommendations at the state board's regular meeting	3536
that next succeeds the date that the recommendations are submitted	3537
to the state board. At that meeting, the state board of education	3538
shall vote to either adopt standards based on those	3539
recommendations or request that the educator standards board	3540
reconsider its recommendations. The state board of education shall	3541
articulate reasons for requesting reconsideration of the	3542
recommendations but shall not direct the content of the	3543
recommendations. The educator standards board shall reconsider its	3544
recommendations if the state board of education so requests, may	3545
revise the recommendations, and shall resubmit the	3546
recommendations, whether revised or not, to the state board not	3547
later than two weeks prior to the state board's regular meeting	3548
that next succeeds the meeting at which the state board requested	3549
reconsideration of the initial recommendations. The state board of	3550
education shall review the recommendations as resubmitted by the	3551
educator standards board at the state board's regular meeting that	3552
next succeeds the meeting at which the state board requested	3553
reconsideration of the initial recommendations and may adopt the	3554
standards as resubmitted or, if the resubmitted standards have not	3555
addressed the state board's concerns, the state board may modify	3556
the standards prior to adopting them. The final responsibility to	3557
determine whether to adopt standards as described in division (A)	3558
of this section and the content of those standards, if adopted,	3559
belongs solely to the state board of education.	3560

Sec. 3319.62. The department of education shall establish the	3561
state office of educator standards within the center for the	3562
teaching profession to provide administrative services to the	3563
educator standards board. The department may employ a director for	3564
the office and such other staff as are necessary for the operation	3565
of the office. When appropriate, current employees of the	3566
department shall conduct the operation of the office.	3567

Sec. 3319.65. The state board of education shall establish a	3568
credential review board. The credential review board shall carry	3569
out any functions assigned to it by the state board with respect	3570
to assessing individuals pursuing alternative routes to educator	3571
licensure and out of state educators seeking licensure in Ohio.	3572
The credential review board may also carry out any other duties	3573
the state board considers appropriate.	3574

Sec. 3333.161. (A) As used in this section:

3575

(1) "Articulation agreement" means an agreement between two	3576
or more state institutions of higher education to facilitate the	3577
transfer of students and credits between such institutions.	3578

(2) "State institution of higher education" and "state	3579
university" have the same meanings as in section 3345.011 of the	3580
Revised Code.	3581

(3) "Two year college" includes a community college, state	3582
community college, technical college, and university branch.	3583

(B) Not later than April 15, 2005, the Ohio board of regents	3584
shall adopt rules establishing a statewide system for articulation	3585
agreements among state institutions of higher education for	3586
transfer students pursuing teacher education programs. The rules	3587
shall require an articulation agreement between institutions to	3588
include all of the following:	3589

(1) The development of a transfer module for teacher	3590
education that includes introductory level courses that are	3591
evaluated as appropriate by faculty employed by the state	3592
institutions of higher education that are parties to the	3593
articulation agreement;	3594

(2) A foundation of general studies courses that have been	3595
identified as part of the transfer module for teacher education	3596
and have been evaluated as appropriate for the preparation of	3597
teachers and consistent with the academic content standards	3598
adopted under section 3301.079 of the Revised Code;	3599

(3) A clear identification of university faculty who are	3600
partnered with two year college faculty;	3601

(4) The publication of the articulation agreement that is	3602
available to all students, faculty, and staff.	3603

Sec. 3333.36. The chancellor of the Ohio board of regents may	3604
allocate up to seventy thousand dollars in each fiscal year to	3605
make payments to the Columbus program in intergovernmental issues,	3606
an Ohio internship program at Kent state university, for	3607
scholarships of up to two thousand dollars for each student	3608
enrolled in the program. The chancellor may utilize any funds	3609
appropriated to the board of regents that the chancellor	3610
determines to be available for purposes of this section.	3611

Sec. 3333.38.  (A) As used in this section:

3612

(1) "Institution of higher education" includes all of the	3613
following:	3614

(a) A state institution of higher education, as defined in	3615
section 3345.011 of the Revised Code;	3616

(b) A nonprofit institution issued a certificate of	3617
authorization by the Ohio board of regents under Chapter 1713. of	3618
the Revised Code;	3619

(c) A private institution exempt from regulation under	3620
Chapter 3332. of the Revised Code, as prescribed in section	3621
3333.046 of the Revised Code;	3622

(d) An institution of higher education with a certificate of	3623
registration from the state board of career colleges and schools	3624
under Chapter 3332. of the Revised Code.	3625

(2) "Student financial assistance supported by state funds"	3626
includes assistance granted under sections 3315.33, 3333.12,	3627
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	3628
5910.032, and 5919.34 of the Revised Code and any other	3629
post-secondary student financial assistance supported by state	3630
funds.	3631

(B) An individual who is convicted of, pleads guilty to, or	3632
is adjudicated a delinquent child for one of the following	3633
violations shall be ineligible to receive any student financial	3634
assistance supported by state funds at an institution of higher	3635
education for two calendar years from the time the individual	3636
applies for assistance of that nature:	3637

(1) A violation of section 2917.02 or 2917.03 of the Revised	3638
Code;	3639

(2) A violation of section 2917.04 of the Revised Code that	3640
is a misdemeanor of the fourth degree and occurs within the	3641
proximate area where four or more others are acting in a course of	3642
conduct in violation of section 2917.11 of the Revised Code;	3643

(3) A violation of section 2917.13 of the Revised Code that	3644
is a misdemeanor of the fourth or first degree and occurs within	3645
the proximate area where four or more others are acting in a	3646
course of conduct in violation of section 2917.11 of the Revised	3647
Code.	3648

(C) If an individual is convicted of, pleads guilty to, or is	3649
adjudicated a delinquent child for committing a violation of	3650
section 2907.022917.02 or 2907.032917.03 of the Revised Code,	3651
and if the individual is enrolled in a state-supported institution	3652
of higher education, the institution in which the individual is	3653
enrolled shall immediately dismiss the individual. No	3654
state-supported institution of higher education shall admit an	3655
individual of that nature for one academic year after the	3656
individual applies for admission to a state-supported institution	3657
of higher education. This division does not limit or affect the	3658
ability of a state-supported institution of higher education to	3659
suspend or otherwise discipline its students.	3660

Sec. 5126.021.  As used in this section, "immediate family"	3661
means parents, brothers, sisters, spouses, sons, daughters,	3662
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,	3663
sons-in-law, and daughters-in-law.	3664

(A) The following individuals shall not serve as members of	3665
county boards of mental retardation and developmental	3666
disabilities:	3667

(1) Elected public officials, except for township trustees,	3668
township clerks, and those excluded from the definition of public	3669
official or employee in division (B) of section 102.01 of the	3670
Revised Code;	3671

(2) Members of the immediate family of another board member;

3672

(3) Board employees and members of the immediate family of	3673
board employees;	3674

(4) Former board employees within one calendar year of the	3675
termination of employment with the board on which the former	3676
employee would serve.	3677

(B) A person may not serve as a member of a county board of	3678
mental retardation and developmental disabilities when either the	3679
person or a member of the person's immediate family is a board	3680
member of a contract agency of that county board unless there is	3681
no conflict of interest. In no circumstance shall a member of a	3682
county board vote on any matter before the board concerning a	3683
contract agency of which the member or a member of the member's	3684
immediate family is also a board member or an employee. All	3685
questions relating to the existence of a conflict of interest	3686
shall be submitted to the local prosecuting attorney and the Ohio	3687
ethics commission for resolution.	3688

(C) No employee of an agency contracting with a county board	3689
of mental retardation and developmental disabilities or member of	3690
the immediate family of such an employee shall serve as a board	3691
member or an employee of the county board except that a county	3692
board may, pursuant to a resolution adopted by the board, employ a	3693
member of the immediate family of an employee of an agency	3694
contracting with the board.	3695

(D) No person shall serve as a member or employee of a county	3696
board of mental retardation and developmental disabilities if a	3697
member of the person's immediate family serves as a county	3698
commissioner of the county served by the board unless the person	3699
was a member or employee prior to October 31, 1980.	3700

(E) A county board of mental retardation and developmental	3701
disabilities shall not contract with an agency whose board	3702
includes a county commissioner of the county served by the county	3703
board or an employee of the same county board.	3704

(F) Notwithstanding any provision of the Revised Code to the	3705
contrary, including applicable provisions of sections 102.03,	3706
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	3707
county board of mental retardation and developmental disabilities	3708
also may be a member of the governing board of an agency or a	3709
political subdivision, including the board of education of a	3710
school district. The county board of mental retardation and	3711
developmental disabilities may contract with the governing board	3712
of an agency or political subdivision whose member is also an	3713
employee of the county board, provided that in no circumstances	3714
shall such employee of the county board vote on any matter before	3715
the governing board of the agency or political subdivision	3716
concerning a county board contract or participate in any	3717
discussion or debate regarding that contract.	3718

Section 2. That existing sections 3301.079, 3301.0710,	3719
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04,	3720
3307.01, 3313.28, 3313.33, 3313.53, 3313.713, 3318.031, 3319.09,	3721
3319.11, 3319.111, 3319.22, 3319.225, 3319.227, 3319.23, 3319.26,	3722
3319.283, 3319.29, 3319.291, 3319.31, 3319.311, 3319.36, 3319.39,	3723
3319.51, 3333.38, and 5126.021, and existing Section 12 of Sub.	3724
H.B. 364 of the 124th General Assembly, and sections        Sec. 3301.801, .	3725
Sec. 3314.12,.  and        Sec. 3319.28.  of the Revised Code are hereby repealed.	3726

Section 3. The Legislative Office of Education Oversight	3727
shall conduct a study of minimum starting salaries for teachers	3728
with bachelor degrees. The Office shall, in consultation with	3729
Ohio's education stakeholders, identify a select number of states	3730
that are demographically and economically similar to Ohio,	3731
including states that because of geographic proximity compete with	3732
Ohio for new teachers. For the state of Ohio and each of the	3733
selected states, the Office shall determine the minimum	3734
compensation levels for beginning teachers, calculate the average	3735
compensation for beginning teachers, and project, based on recent	3736
history and current economic conditions, the average compensation	3737
for beginning teachers in the 2007-2008 academic year. The Office	3738
shall also compare the selected states to Ohio.	3739

The Office shall submit the final results of this study to	3740
the Governor and members of the General Assembly not later than	3741
September 30, 2004.	3742

Section 4. As used in this section, "career ladder program"	3743
means a performance-based multilevel system of teaching positions	3744
or compensation levels within a school district or district	3745
building.	3746

The Educator Standards Board established by this act and the	3747
Department of Education jointly shall develop a proposal for a	3748
career ladder program. The Educator Standards Board and the	3749
Department also shall determine the estimated cost of implementing	3750
the proposal and how the Department would reallocate its resources	3751
to cover the costs of implementation. Within eighteen months after	3752
the Educator Standards Board convenes for its initial meeting, the	3753
Board and the Department shall make a report to the General	3754
Assembly describing their proposal for a career ladder program,	3755
including estimated costs for implementation and the manner in	3756
which the Department would pay for those costs.	3757

Section 5. The Department of Education and the Ohio Board of	3758
Regents shall develop a proposal for a pilot program between a	3759
school district and a college or university that is approved to	3760
offer teacher preparation programs pursuant to section 3319.23 of	3761
the Revised Code. The pilot program shall encourage the college or	3762
university's faculty to spend more time in the school district's	3763
buildings and classrooms and engage in other clinical experiences.	3764
In addition, participation in the pilot program shall require a	3765
college or university to provide incentives for faculty to share	3766
what they have learned from the pilot program with their	3767
colleagues through publications and other learning experiences.	3768

The Department of Education shall study, using an appropriate	3769
research method, the effectiveness of the pilot program, if	3770
implemented, and shall report its findings to the General Assembly	3771
within one year after the program is implemented.	3772

Section 6. The Educator Standards Board established by this	3773
act shall work with the Ohio Teacher Education and Licensure	3774
Advisory Commission to transition the duties formerly performed by	3775
the Commission to the Educator Standards Board.	3776

Section 7. Within ninety days of the effective date of this	3777
section, the Ohio Department of Education shall develop a	3778
definition of a "hard to staff" school. In defining this term, the	3779
Department shall examine whether a school:	3780

(A) Has difficulty recruiting and retaining high quality	3781
school personnel, as determined by the Department;	3782

(B) Has a high number of teachers who are teaching	3783
out-of-field, as determined by the Department;	3784

(C) Has high student poverty, as determined by the	3785
Department;	3786

(D) Has a high number of students who do not attain at least	3787
a proficient score on the tests prescribed in section 3301.0710 or	3788
3301.0712 of the Revised Code;	3789

(E) Has a significant achievement gap among various groups of	3790
students.	3791

In addition, the Department shall consider definitions and	3792
models used by other states.	3793

The Department shall identify schools that meet the	3794
definition developed under this section and shall publish the list	3795
of those schools on the Department's web site.	3796

Section 8. At such time as sufficient funding is available,	3797
the Department of Education shall develop a pilot project in not	3798
fewer than two school districts selected by the Department, each	3799
of which contain a "hard to staff" school as that term is defined	3800
by the Department. One of the selected districts shall be an urban	3801
school district and one shall be a rural school district.	3802

The Department shall study, using an appropriate research	3803
method, the effectiveness of the pilot project and shall report	3804
its findings to the General Assembly within one year after the	3805
pilot project is implemented.	3806

The selected districts shall use any funds allocated under	3807
the pilot project for one or more of the following purposes:	3808

(A) The use of instructional specialists to mentor and	3809
support classroom teachers;	3810

(B) The use of building managers to supervise the	3811
administrative functions of school operation so that a school	3812
principal can focus on supporting instruction, providing	3813
instructional leadership, and engaging teachers as part of the	3814
instructional leadership team;	3815

(C) The reconfiguration of school leadership structure in a	3816
manner that allows teachers to serve in leadership roles so that	3817
teachers may share the responsibility for making and implementing	3818
school decisions;	3819

(D) The adoption of new models for restructuring the school	3820
day or school year, such as including teacher planning and	3821
collaboration time as part of the school day;	3822

(E) The creation of smaller schools or smaller units within	3823
larger schools for the purpose of facilitating teacher	3824
collaboration to improve and advance the professional practice of	3825
teaching;	3826

(F) The implementation of "grow your own" recruitment	3827
strategies that are designed to assist individuals who show a	3828
commitment to education become licensed teachers, to assist	3829
experienced teachers obtain licensure in subject areas for which	3830
there is need, and to assist teachers in becoming principals;	3831

(G) The provision of better conditions for new teachers, such	3832
as reduced teaching load and reduced class size;	3833

(H) The provision of incentives to attract qualified	3834
mathematics, science, or special education teachers;	3835

(I) The development and implementation of a partnership with	3836
teacher preparation programs at colleges and universities to help	3837
attract teachers qualified to teach in shortage areas;	3838

(J) The implementation of a program to increase the cultural	3839
competency of both new and veteran teachers;	3840

(K) The implementation of a program to increase the subject	3841
matter competency of veteran teachers.	3842

Section 9. Section 3314.034 of the Revised Code, as enacted	3843
by this act, shall not affect any investigation by the Department	3844
of Education into the alleged improper enrollment of students by	3845
an Internet- or computer-based community school that is pending on	3846
the effective date of this section. If the Department concludes	3847
after any such investigation that no improper enrollment of	3848
students has occurred, the Department shall make any necessary	3849
payments to the Internet- or computer-based community school so	3850
that the Internet- or computer-based community school receives the	3851
full amount calculated for it for the 2003-2004 school year under	3852
section 3314.08 of the Revised Code. If the Department concludes	3853
that an improper enrollment of students has occurred, all	3854
provisions of law regarding the recovery of funds owed to the	3855
state shall apply.	3856

Section 10. Upon the effective date of this section, the	3857
State Board of Education shall forthwith begin procedures for the	3858
adoption of a rule that complies with section 3319.303 of the	3859
Revised Code, as enacted by this act, so that the rule is	3860
effective at the earliest possible date provided for by law.	3861

Section 11. Representatives from the College of Food,	3862
Agricultural, and Environmental Sciences and the College of	3863
Education of The Ohio State University shall make a presentation	3864
to the Educator Standards Board established by this act. The	3865
presentation shall familiarize the Educator Standards Board with	3866
the model developed by the College of Food, Agricultural, and	3867
Environmental Sciences and the College of Education for aligning	3868
teacher preparation programs in agricultural education with	3869
recognized standards and instruct the Board about how to apply	3870
that model to aligning teacher preparation programs in Ohio with	3871
standards developed by the Board pursuant to section 3319.61 of	3872
the Revised Code, as enacted by this act.	3873

Section 12. That Sections 11, 12, 13, and 14 of Am. Sub. H.B.	3874
3 of the 125th General Assembly be amended to read as follows:	3875

Sec. 11. The Legislative Office of Education Oversight shall	3876
conduct a study that evaluates the correlation between students'	3877
race and class and academic achievement, particularly. To the	3878
extent possible, the Office shall use existing data on district	3879
wealth to make a variety of comparisons, including comparing the	3880
academic achievement of low-income, African-American and Hispanic	3881
students with that of middle-class, white students. In conducting	3882
the study, the Office shall use at least five years of data	3883
collected and maintained by the Ohio Department of Education. The	3884
study shall focus on the academic achievement of students in the	3885
fourth, sixth, and ninth grades. The Office shall submit the final	3886
results of the study to the General Assembly not later than	3887
September 30, 2004.	3888

Sec. 12. The Legislative Office of Education Oversight shall	3889
conduct a study of the intervention services required to be	3890
provided by school districts under sections 3301.0711, 3313.608,	3891
and 3313.6012 of the Revised Code. If any diagnostic assessment is	3892
administered by school districts in accordance with section	3893
3301.0715 of the Revised Code in the school year beginning July 1,	3894
2003, the Office also shall include the intervention services	3895
required by that section in the study. In conducting the study,	3896
the Office shall examine each of the following issues:	3897

(A) The types of intervention services that districts are	3898
currently providing to students;	3899

(B) The manner in which the Department of Education informs	3900
districts of their obligation to provide intervention services and	3901
assists the districts in developing appropriate intervention	3902
strategies;	3903

(C) The manner in which the Department tracks compliance by	3904
school districts with requirements to provide intervention	3905
services;	3906

(D) The cost to districts of providing intervention services;

3907

(E) Whether there are any intervention services that	3908
districts are not providing due to insufficient funding.	3909

The Office shall issue a written report of its findings to	3910
the General Assembly not later than DecemberMarch 31, 20042005.	3911

Sec. 13. The Legislative Office of Education Oversight shall	3912
conduct a study of the performance of students in the Class of	3913
2007 on the Ohio Graduation Tests prescribed by division (B) of	3914
section 3301.0710 of the Revised Code to determine how well	3915
students meet the statewide academic standards developed pursuant	3916
to section 3301.079 of the Revised Code. The study shall include	3917
all students who enter the ninth grade in the school year	3918
beginning July 1, 2003; the Office shall not exclude from any	3919
analysis students who leave school prior to graduation. In	3920
conducting the study, the Office shall determine the number of	3921
such students who attain a score at the proficient level on all	3922
five of the Ohio Graduation Tests by June 30, 2007. To the extent	3923
possible, the Office also shall determine the number of such	3924
students who satisfy the alternative conditions described in	3925
section 3313.615 of the Revised Code for meeting the testing	3926
requirement to be eligible for a diploma. The Office shall issue	3927
annual written reports in June 2006 and June 2007 to the General	3928
Assembly, and shall issue a final, comprehensive written report of	3929
its findings to the General Assembly not later than December 31,	3930
2007June 30, 2008.	3931

Sec. 14. The Legislative Office of Education Oversight shall	3932
conduct a study that reviews the progress of school districts and	3933
the Department of Education in hiring highly qualified teachers in	3934
the core subject areas of English, reading, language arts,	3935
mathematics, science, foreign language, civics and government,	3936
economics, arts, history, and geography, as required by Title I of	3937
the "No Child Left Behind Act," Pub. L. No. 107-110. The study	3938
shall evaluate, over a five-year period, all of the following:	3939

(A) The progress of individual school districts in complying	3940
with the highly qualified teacher requirement;	3941

(B) Whether the definition of "highly qualified teacher"	3942
adopted by the State Board of Education complies with the "No	3943
Child Left Behind Act";	3944

(C) The efforts of the Department of Education in assisting	3945
school districts to comply with the "No Child Left Behind Act's"	3946
requirement, and in monitoring the progress of school districts in	3947
ensuring highly qualified teachers are employed in core subject	3948
areas.	3949

The Office shall submit three interim reports of its findings	3950
to the General Assembly. The first interim report, due September	3951
30, 2005, shall evaluate compliance with the highly qualified	3952
teacher requirement in the 2002-2003 and 2003-2004 school years,	3953
the. The second interim report, due September 30, 2006, shall	3954
evaluate compliance with the requirement in the 2004-2005 school	3955
year, and the. The third interim report, due September 30, 2007,	3956
shall evaluate compliance with the requirement in the 2005-2006	3957
school year. A final report shall be submitted to the General	3958
Assembly, not later than September 30, 2008, that evaluates	3959
compliance in the 2006-2007 school year and the prior four school	3960
years.	3961

Section 13. That existing Sections 11, 12, 13, and 14 of Am.	3962
Sub. H.B. 3 of the 125th General Assembly are hereby repealed.	3963

Section 14. That Sections 41.03, 41.05, 41.10, 41.19, 41.33,	3964
146, and 152 of Am. Sub. H.B. 95 of the 125th General Assembly be	3965
amended to read as follows:	3966

Sec. 41.03. PROFESSIONAL DEVELOPMENT

3967

The foregoing appropriation item 200-410, Professional	3968
Development, shall be used to fund professional development	3969
programs in Ohio. The Ohio Department of Education shall, where	3970
possible, incorporate cultural competency as a component of	3971
professional development and actively promote the development of	3972
cultural competency in the operation of its professional	3973
development programs. As used in this section, "cultural	3974
competency" has the meaning specified by the Educator Standards	3975
Board under section 3319.61 of the Revised Code.	3976

Of the foregoing appropriation item 200-410, Professional	3977
Development, $5,200,000 in fiscal year 2004 shall be used by the	3978
Department of Education to support a statewide comprehensive	3979
system of regional professional development centers that support	3980
local educators' ability to foster academic achievement in the	3981
students they serve. Of the foregoing appropriation item 200-410,	3982
Professional Development, $5,200,000 in fiscal year 2005 shall be	3983
used by the regional education delivery system. Before releasing	3984
these funds in fiscal year 2005, the Department of Education shall	3985
submit a spending plan to the Controlling Board. The release of	3986
the funds is contingent on Controlling Board approval of the	3987
spending plan. Both the regional professional development centers	3988
in fiscal year 2004 and the regional education delivery system in	3989
fiscal year 2005 shall include training that assists educators,	3990
school leadership, and technical assistance providers in	3991
understanding and implementing standards-based education, data	3992
analysis, and development of assessment systems for quality	3993
instruction.	3994

Of the foregoing appropriation item 200-410, Professional	3995
Development, $7,079,625 in fiscal year 2004 and $7,329,625 in	3996
fiscal year 2005 shall be used by the Department of Education to	3997
provide grants to pay $2,000 of the application fee in order to	3998
assist teachers from public and chartered nonpublic schools	3999
applying for the first time to the National Board for Professional	4000
Teaching Standards for professional teaching certificates or	4001
licenses that the board offers. This set aside shall also be used	4002
to recognize and reward teachers who become certified by the	4003
National Board for Professional Teaching Standards pursuant to	4004
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	4005
year of this set aside may be used by the Department to pay for	4006
costs associated with activities to support candidates through the	4007
application and certification process.	4008

These moneys shall be used to pay up to the first 500	4009
applications in fiscal year 2004 and the first 400 applications in	4010
fiscal year 2005 received by the Department.	4011

Of the foregoing appropriation item 200-410, Professional	4012
Development, up to $10,442,358 in each fiscal year shall be	4013
allocated for entry year programs. These funds shall be used to	4014
support mentoring services and performance assessments of	4015
beginning teachers in school districts and chartered nonpublic	4016
schools.	4017

Of the foregoing appropriation item 200-410, Professional	4018
Development, up to $188,090 in each fiscal year shall be used to	4019
provide technical assistance and grants for districts to develop	4020
local knowledge/skills-based compensation systems. Each district	4021
receiving grants shall issue an annual report to the Department of	4022
Education detailing the use of the funds and the impact of the	4023
system developed by the district.	4024

Of the foregoing appropriation item 200-410, Professional	4025
Development, up to $670,000 in each fiscal year shall be used for	4026
training and professional development of school administrators,	4027
school treasurers, and school business officials.	4028

Of the foregoing appropriation item 200-410, Professional	4029
Development, $144,000 in each fiscal year shall be used by the	4030
Department of Education to develop a supply and demand report that	4031
describes the availability of quality educators and critical	4032
educator shortage areas in Ohio.	4033

Of the foregoing appropriation item 200-410, Professional	4034
Development, $1,056,000 in each fiscal year shall be used for	4035
educator recruitment programs targeting special need areas,	4036
including recruiting highly qualified minority candidates into	4037
teaching, recruiting prospective mathematics and science teachers,	4038
and targeting other areas of special need.	4039

Of the foregoing appropriation item 200-410, Professional	4040
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	4041
year 2005 shall be used to support the Ohio University Leadership	4042
Program.	4043

Of the foregoing appropriation item 200-410, Professional	4044
Development, $4,650,000 in each fiscal year 2004 shall be	4045
allocated by the Department of Education on a per pupil basis, to	4046
school districts in academic emergency at any time in 2003, and	4047
$4,650,000 in fiscal year 2005 shall be allocated by the	4048
Department of Education, on a per pupil basis, to school districts	4049
with a three-year average graduation rate of not more than	4050
seventy-five per cent. As used in this section, "three-year	4051
average" and "graduation rate" have the meanings specified in	4052
section 3302.01 of the Revised Code. These funds shall be used by	4053
the districts to provide an equivalent of five days of ongoing	4054
embedded professional development for classroom teachers who	4055
provide instruction in the subject areas of reading, writing,	4056
mathematics, science, or social studies to students enrolled in	4057
the ninth or tenth grade. This professional development shall	4058
focus on developing subject competency, developing cultural	4059
competency, developing skills for analyzing test data, and	4060
developing data-based intervention strategies to prepare students	4061
below grade level to pass the Ohio Graduation Test. Districts	4062
shall submit a research-based, professional development plan for	4063
five days of embedded professional development to the Department	4064
of Education prior to receiving funds. The plan shall detail how	4065
ninth and tenth grade teachers will learn and implement classroom	4066
strategies for students to reach state standards in mathematics,	4067
reading, writing, social studies, and science.	4068

Sec. 41.05. SCHOOL IMPROVEMENT INITIATIVES

4069

Of the foregoing appropriation item 200-431, School	4070
Improvement Initiatives, $10,505,625 in each fiscal year shall be	4071
used to provide technical assistance to school districts that are	4072
declared to be in a state of academic watch or academic emergency	4073
under section 3302.03 of the Revised Code to provide support to	4074
districts in the development and implementation of their	4075
continuous improvement plans as required in section 3302.04 of the	4076
Revised Code and to provide technical assistance and support in	4077
accordance with Title I of the "No Child Left Behind Act of 2001,"	4078
115 Stat. 1425, 20 U.S.C. 6317.	4079

Of the foregoing appropriation item 200-431, School	4080
Improvement Initiatives, up to $350,000 in each fiscal year shall	4081
be used to reduce the dropout rate by addressing the academic and	4082
social problems of inner-city students through Project GRAD.	4083

Of the foregoing appropriation item 200-431, School	4084
Improvement Initiatives, $50,000 in each fiscal year shall be used	4085
to support LEAF.	4086

READING/WRITING/MATH IMPROVEMENT

4087

Of the foregoing appropriation item 200-433,	4088
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	4089
year shall be used for professional development in literacy for	4090
classroom teachers, administrators, and literacy specialists, and	4091
to provide intensive summer training for mathematics teachers.	4092

Of the foregoing appropriation item 200-433,	4093
Reading/Writing/Math Improvement, $250,000 in each fiscal year	4094
shall be used to continue the Waterford Early Reading Program.	4095

Of the foregoing appropriation item 200-433,	4096
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	4097
year shall be used by the Department of Education to fund the	4098
Reading Recovery Training Network, to cover the cost of release	4099
time for the teacher trainers, and to provide grants to districts	4100
to implement other reading improvement programs on a pilot basis.	4101
Funds from this appropriation item also may be used to conduct	4102
evaluations of the impact and effectiveness of Reading Recovery	4103
and other reading improvement programs.	4104

The remainder of appropriation item 200-433,	4105
Reading/Writing/Math Improvement, shall be used to support	4106
standards-based classroom reading and writing instruction and	4107
reading intervention and the design/development of standards-based	4108
literacy curriculum materials; to support literacy professional	4109
development partnerships between the Department of Education,	4110
higher education institutions, the literacy specialists project,	4111
the Ohio principals' literacy network, regional literacy teams,	4112
literacy networks, and school districts.	4113

STUDENT ASSESSMENT

4114

Of the foregoing appropriation item 200-437, Student	4115
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	4116
year 2005 shall be used by the Department of Education to train	4117
school district personnel to score the practice version of the	4118
Ohio Graduation Test to be taken by students enrolled in the ninth	4119
grade in school districts that are in academic watch or academic	4120
emergency or that have a three-year average graduation rate of not	4121
more than seventy-five per cent pursuant to sections 3301.0710 and	4122
3301.0711 of the Revised Code. As used in this section,	4123
"three-year average" and "graduation rate" have the same meanings	4124
as in section 3302.01 of the Revised Code.	4125

The remainder of appropriation item 200-437, Student	4126
Assessment, shall be used to develop, field test, print,	4127
distribute, score, report results, and support other associated	4128
costs for the tests required under sections 3301.0710 and	4129
3301.0711 of the Revised Code and for similar purposes as required	4130
by section 3301.27 of the Revised Code.	4131

ACCOUNTABILITY/REPORT CARDS

4132

The foregoing appropriation item 200-439,	4133
Accountability/Report Cards, shall be used for the development of	4134
an accountability system that includes the preparation and	4135
distribution of school report cards pursuant to section 3302.03 of	4136
the Revised Code.	4137

AMERICAN SIGN LANGUAGE

4138

Of the foregoing appropriation item 200-441, American Sign	4139
Language, up to $136,943 in each fiscal year shall be used to	4140
implement pilot projects for the integration of American Sign	4141
Language deaf language into the kindergarten through twelfth-grade	4142
curriculum.	4143

The remainder of the appropriation shall be used by the	4144
Department of Education to provide supervision and consultation to	4145
school districts in dealing with parents of children who are deaf	4146
or hard of hearing, in integrating American Sign Language as a	4147
foreign language, and in obtaining interpreters and improving	4148
their skills.	4149

CHILD CARE LICENSING

4150

The foregoing appropriation item 200-442, Child Care	4151
Licensing, shall be used by the Department of Education to license	4152
and to inspect preschool and school-age child care programs in	4153
accordance with sections 3301.52 to 3301.59 of the Revised Code.	4154

OHIOREADS ADMIN/VOLUNTEER SUPPORT

4155

The foregoing appropriation item 200-445, OhioReads	4156
Admin/Volunteer Support, may be allocated by the OhioReads Office	4157
in the Department of Education at the direction of the OhioReads	4158
Council for volunteer coordinators in public school buildings, to	4159
educational service centers for costs associated with volunteer	4160
coordination, for background checks for volunteers, to evaluate	4161
the OhioReads Program, and for operating expenses associated with	4162
administering the program.	4163

Sec. 41.10.  ADULT LITERACY EDUCATION

4164

The foregoing appropriation item 200-509, Adult Literacy	4165
Education, shall be used to support adult basic and literacy	4166
education instructional programs and the State Literacy Resource	4167
Center Program.	4168

Of the foregoing appropriation item 200-509, Adult Literacy	4169
Education, up to $519,188 in each fiscal year shall be used for	4170
the support and operation of the State Literacy Resource Center.	4171

Of the foregoing appropriation item 200-509, Adult Literacy	4172
Education, $146,250 in each fiscal year shall be used to support	4173
initiatives for English as a second language programs in	4174
combination with citizenship. Funding shall be provided to	4175
organizations that received such funds during fiscal year 2003	4176
from appropriation item 200-570, School Improvement Incentive	4177
Grants.	4178

The remainder of the appropriation shall be used to continue	4179
to satisfy the state match and maintenance of effort requirements	4180
for the support and operation of the Department of	4181
Education-administered instructional grant program for adult basic	4182
and literacy education in accordance with the department's state	4183
plan for adult basic and literacy education as approved by the	4184
State Board of Education and the Secretary of the United States	4185
Department of Education.	4186

AUXILIARY SERVICES

4187

The foregoing appropriation item 200-511, Auxiliary Services,	4188
shall be used by the Department of Education for the purpose of	4189
implementing section 3317.06 of the Revised Code. Of the	4190
appropriation, up to $1,462,500 in each fiscal year may be used	4191
for payment of the Post-Secondary Enrollment Options Program for	4192
nonpublic students pursuant to section 3365.10 of the Revised	4193
Code.	4194

STUDENT INTERVENTION SERVICES

4195

Of the foregoing appropriation item 200-513, Student	4196
Intervention Services, $3,700,000 in fiscal year 2004 and	4197
$5,900,000 in fiscal year 2005 shall be allocated by the	4198
Department of Education, on a per pupil basis, to school districts	4199
in academic emergency at any time in 2003, and $5,900,000 in	4200
fiscal year 2005 shall be allocated by the Department of	4201
Education, on a per pupil basis, to school districts with a	4202
three-year average graduation rate of not more than seventy-five	4203
per cent. As used in this section, "three-year average" and	4204
"graduation rate" have the meanings specified in section 3302.01	4205
of the Revised Code. Districts shall use these funds for salaries,	4206
materials, and training to provide after-school, in-school,	4207
Saturday school, summer school, or other related intervention	4208
programs to students as specified in division (D)(2) of section	4209
3301.0711 of the Revised Code. In fiscal year 2004 these programs	4210
shall be provided to students enrolled in the ninth grade. In	4211
fiscal year 2005, these programs shall be provided to students	4212
enrolled in the ninth and tenth grades. At the end of each fiscal	4213
year, the school districts receiving these funds shall report to	4214
the Department of Education the number of students who were	4215
offered intervention, the number of students who participated, and	4216
the number of students who completed the intervention program, and	4217
shall provide an evaluation of the impact of the intervention on	4218
students.	4219

Of the foregoing appropriation item 200-513, Student	4220
Intervention Services, $150,000 in each fiscal year shall be used	4221
for Read Baby Read.	4222

The remainder of appropriation item 200-513, Student	4223
Intervention Services, shall be used to assist districts providing	4224
the intervention services specified in section 3313.608 of the	4225
Revised Code. The Department of Education shall establish	4226
guidelines for the use and distribution of these moneys. School	4227
districts receiving funds from this appropriation shall report to	4228
the Department of Education on how funds were used.	4229

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

4230

Of the foregoing appropriation item 200-514, Postsecondary	4231
Adult Career-Technical Education, $40,000 in each fiscal year	4232
shall be used for the statewide coordination of the activities of	4233
the Ohio Young Farmers.	4234

The remainder of appropriation item 200-514, Postsecondary	4235
Adult Career-Technical Education, shall be used by the State Board	4236
of Education to provide postsecondary adult career-technical	4237
education under sections 3313.52 and 3313.53 of the Revised Code.	4238

DISADVANTAGED PUPIL IMPACT AID

4239

The Department of Education shall pay Disadvantaged Pupil	4240
Impact Aid (DPIA) in fiscal years 2004 and 2005 in accordance with	4241
section 3317.029 of the Revised Code to each school district that	4242
did not receive any DPIA allocation in fiscal year 2003 because	4243
its DPIA index in that fiscal year was less than 0.35 and it did	4244
not qualify for a DPIA guarantee payment. However, the Department	4245
shall calculate each such district's DPIA index and DPIA student	4246
count in each fiscal year based solely on Ohio Works First data	4247
certified for the district by the Department of Job and Family	4248
Services. Each district receiving payment under this paragraph	4249
shall comply with all expenditure guidelines and restrictions of	4250
section 3317.029 of the Revised Code.	4251

Notwithstanding the distribution formula outlined in section	4252
3317.029 of the Revised Code, each school district that received a	4253
DPIA allocation in fiscal year 2003 shall receive an additional	4254
two per cent in Disadvantaged Pupil Impact Aid (DPIA)DPIA funding	4255
in fiscal year 2004 over what was received in fiscal year 2003	4256
unless the district receivesreceived DPIA funding from the DPIA	4257
guarantee provision pursuant to division (B) of section 3317.029	4258
of the Revised Code in fiscal year 2003. For such a district, its	4259
DPIA funding in fiscal year 2004 shall equal the amount of DPIA	4260
funding the district received in fiscal year 2003.	4261

Notwithstanding the distribution formula outlined in section	4262
3317.029 of the Revised Code, each school district that received a	4263
DPIA allocation in fiscal year 2003 shall receive an additional	4264
two per cent in DPIA funding in fiscal year 2005 over what was	4265
received in fiscal year 2004 unless the district receivesreceived	4266
DPIA funding from the DPIA guarantee provision pursuant to	4267
division (B) of section 3317.029 of the Revised Code in fiscal	4268
year 2003. For such a district, its DPIA funding in fiscal year	4269
2005 shall equal the amount of DPIA funding the district received	4270
in fiscal year 2004.	4271

School districts whose DPIA allocations are calculated under	4272
the preceding two paragraphs must continue to comply with all	4273
expenditure guidelines and restrictions outlined in divisions (F),	4274
(G), (I), and (K) of section 3317.029 of the Revised Code by	4275
assuming a two per cent increase in funds for each program	4276
outlined in divisions (C), (D), and (E) of section 3317.029 of the	4277
Revised Code and by assuming a DPIA index equivalent to the index	4278
calculated in fiscal year 2003.	4279

The Department of Education shall pay all-day, everyday	4280
kindergarten funding to all school districts in each fiscal year	4281
that qualified for and provided the service in fiscal year 2003	4282
pursuant to section 3317.029 of the Revised Code. School districts	4283
and community schools that did not have a DPIA allocation in	4284
fiscal year 2003 shall not receive an allocation in fiscal year	4285
2004 or fiscal year 2005.	4286

Of the foregoing appropriation item 200-520, Disadvantaged	4287
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	4288
used for school breakfast programs. Of this amount, up to	4289
$1,000,000 shall be used in each fiscal year by the Department of	4290
Education for the purpose of increasing participation in child	4291
nutrition programs, particularly school breakfast and summer	4292
meals. The Department shall collaborate with the Children's Hunger	4293
Alliance in the outreach effort. The remainder of the	4294
appropriation shall be used to partially reimburse school	4295
buildings within school districts that are required to have a	4296
school breakfast program pursuant to section 3313.813 of the	4297
Revised Code, at a rate decided by the Department.	4298

Of the foregoing appropriation item 200-520, Disadvantaged	4299
Pupil Impact Aid, $4,500,000 in fiscal year 2004 and $6,000,000 in	4300
fiscal year 2005 shall be used to operate the school choice	4301
program in the Cleveland Municipal School District pursuant to	4302
sections 3313.974 to 3313.979 of the Revised Code.	4303

Of the portion of the funds distributed to the Cleveland	4304
Municipal School District under this section, up to $11,901,887 in	4305
each fiscal year shall be used to operate the school choice	4306
program in the Cleveland Municipal School District pursuant to	4307
sections 3313.974 to 3313.979 of the Revised Code.	4308

Sec. 41.19. HEAD START PLUS/HEAD START

4309

There is hereby established the Title IV-A Head Start Program	4310
to be administered by the Department of Education in accordance	4311
with an interagency agreement entered into with the Department of	4312
Job and Family Services under division (A)(2) of section 5101.801	4313
of the Revised Code. The program shall provide benefits and	4314
services to TANF eligible individuals pursuant to the requirements	4315
of section 5101.801 of the Revised Code. Upon approval by the	4316
Department of Job and Family Services, the Department of Education	4317
shall adopt policies and procedures establishing program	4318
requirements for eligibility, services, fiscal accountability, and	4319
other criteria necessary to comply with the provisions of Title	4320
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	4321
301, as amended.	4322

The foregoing appropriation item 200-663, Head Start	4323
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	4324
Plus and Title IV-A Head Start programs for services to children.	4325
The Department of Education shall administer the Title IV-A Head	4326
Start Plus and Title IV-A Head Start programs in accordance with	4327
an interagency agreement between the Departments of Education and	4328
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	4329
Head Start providers shall meet all requirements as outlined in	4330
section 3301.311 of the Revised Code. The Department of Education	4331
shall adopt policies and procedures to establish a procedure for	4332
approving Title IV-A Head Start Plus and Title IV-A Head Start	4333
agencies.	4334

Of the foregoing appropriation item 200-663, Head Start	4335
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	4336
used to support the Title IV-A Head Start program. Up to two	4337
percent of this amount may be used by the Department of Education	4338
to provide associated program support and technical assistance.	4339

Of the foregoing appropriation item 200-663, Head Start	4340
Plus/Head Start, up to $83,457,126$86,600,000 in fiscal year 2005	4341
shall be used to support the Title IV-A Head Start Plus	4342
initiative. Title IV-A Head Start Plus shall provide up to 10,000	4343
slots of full-day, full-year programming for children at least	4344
three years of age and not kindergarten age eligible. The program	4345
shall meet the child care needs of low-income families who meet	4346
eligibility requirements established in rules and administrative	4347
orders adopted by the Ohio Department of Job and Family Services	4348
and provide early education and comprehensive services as provided	4349
through the Head Start program before the enactment of this act.	4350

Of the foregoing appropriation item 200-663, Head Start	4351
Plus/Head Start, up to $22,763,177$19,584,000 in fiscal year 2005	4352
shall be used to support the Title IV-A Head Start program. This	4353
funding shall be used to support up to 4,000 slots of traditional	4354
half-day center-based, home-based, combination, or	4355
locally-designed option, Title IV-A Head Start services.	4356

Of the foregoing appropriation line item 200-663, Head Start	4357
Plus/Head Start, up to $1,963,697$2,000,000 in fiscal year 2005	4358
may be used by the Department of Education to provide associated	4359
program support and technical assistance.	4360

For purposes of this section, "eligible child" means a child	4361
who is at least three years of age, has not entered kindergarten,	4362
and is not of compulsory school age whose family earns not more	4363
than 100 per centpercent of the federal poverty level, except as	4364
otherwise provided in the following paragraph.	4365

The Department of Education, in consultation with Title IV-A	4366
Head Start agencies and, beginning in July 1, 2004, Title IV-A	4367
Head Start Plus agencies, shall establish criteria under which	4368
these agencies may apply to the Department for a waiver to include	4369
as "eligible children" those children from families earning up to	4370
the level of eligibility established for child care subsidy by the	4371
Department of Job and Family Services who otherwise qualify as	4372
"eligible children" under the preceding paragraph.	4373

In fiscal year 2004, in order to serve children whose	4374
families receive child care subsidy and whose incomes do not	4375
exceed the income eligibility requirement for child care subsidy,	4376
Title IV-A Head Start agencies may enroll children whose families	4377
receive this child care subsidy from the Ohio Department of Job	4378
and Family Services, if they partner with child care centers or	4379
family day-care homes, where appropriate. This provision is to	4380
meet the child care needs of low-income families who are working,	4381
in training or education programs, or participating in Ohio Works	4382
First approved activities.	4383

The Department of Education shall conduct a head count of the	4384
number of children served by Head Start agencies under this	4385
program in December 2003 and in December 2004. Any funding	4386
appropriated to this program in fiscal year 2005, which the	4387
Department of Education projects is not necessary to provide	4388
services to children enrolled as of the head count taken in	4389
December 2004 shall be returned to the Department of Job and	4390
Family Services for use as child care assistance.	4391

The Department of Education shall provide an annual report to	4392
the Governor, the Speaker of the House of Representatives, the	4393
President of the Senate, the State Board of Education, Title IV-A	4394
Head Start Plus and Title IV-A Head Start providers, and other	4395
interested parties regarding the Title IV-A Head Start Plus and	4396
Title IV-A Head Start program and performance indicators as	4397
outlined by the Department of Education.	4398

AUXILIARY SERVICES REIMBURSEMENT

4399

Notwithstanding section 3317.064 of the Revised Code, if the	4400
unobligated cash balance is sufficient, the Treasurer of State	4401
shall transfer $1,500,000 in fiscal year 2004 within thirty days	4402
after the effective date of this sectionJune 26, 2003, and	4403
$1,500,000 in fiscal year 2005 by August 1, 2004, from the	4404
Auxiliary Services Personnel Unemployment Compensation Fund to the	4405
Department of Education's Auxiliary Services Reimbursement Fund	4406
(Fund 598).	4407

Sec. 41.33. (A) As used in this section:

4408

(1) "Entitled to attend school" means entitled to attend	4409
school in a school district under section 3313.64 and 3313.65 of	4410
the Revised Code.	4411

(2) "Formula ADM" and "category six special education ADM"	4412
have the same meanings as in section 3317.02 of the Revised Code.	4413

(3) "Individualized education program" has the same meaning	4414
as in section 3323.01 of the Revised Code.	4415

(4) "Parent" has the same meaning as in section 3313.64 of	4416
the Revised Code.	4417

(5) "Qualified special education child" is a child for whom	4418
all of the following conditions apply:	4419

(a) The school district in which the child is entitled to	4420
attend school has identified the child as autistic;	4421

(b) The school district in which the child is entitled to	4422
attend school has developed an individualized education program	4423
under Chapter 3323. of the Revised Code for the child;	4424

(c) The child either:

4425

(i) Was enrolled in the school district in which the child is	4426
entitled to attend school in any grade from preschool through	4427
twelve in the school year prior to the year in which a scholarship	4428
under this section is first sought for the child;	4429

(ii) Is eligible to enter school in any grade preschool	4430
through twelve in the school district in which the child is	4431
entitled to attend school in the school year in which a	4432
scholarship under this section is first sought for the child.	4433

(6) "Registered private provider" means a nonpublic school or	4434
other nonpublic entity that has been approved by the Department of	4435
Education to participate in the program established under this	4436
section.	4437

(B) There is hereby established the Pilot Project Special	4438
Education Scholarship Program. Under the program, in fiscal years	4439
2004 and 2005, the Department of Education shall pay a scholarship	4440
to the parent of each qualified special education child upon	4441
application of that parent pursuant to procedures and deadlines	4442
established by rule of the State Board of Education. Each	4443
scholarship shall be used only to pay tuition for the child on	4444
whose behalf the scholarship is awarded to attend a special	4445
education program that implements the child's individualized	4446
education program and that is operated by a school district other	4447
than the school district in which the child is entitled to attend	4448
school or, by another public entity, to either of which under law	4449
the parent is required to pay tuition on behalf of the child, or	4450
by a registered private provider. Each scholarship shall be in an	4451
amount not to exceed the lesser of the tuition charged for the	4452
child by the special education program or fifteen thousand	4453
dollars. The purpose of the scholarship is to permit the parent of	4454
a qualified special education child the choice to send the child	4455
to a special education program, instead of, or in addition to, the	4456
one operated by or for the school district in which the child is	4457
entitled to attend school, to receive the services prescribed in	4458
the child's individualized education program once the	4459
individualized education program is finalized. A scholarship under	4460
this section shall not be awarded to the parent of a child while	4461
the child's individualized education program is being developed by	4462
the school district in which the child is entitled to attend	4463
school, or while any administrative or judicial mediation or	4464
proceedings with respect to the content of the child's	4465
individualized education program are pending. A scholarship under	4466
this section shall not be awarded to the parent of a child who	4467
attends a public special education program under a contract,	4468
compact, or other bilateral agreement between the school district	4469
in which the child is entitled to attend school and another school	4470
district or other public provider or to the parent of a child who	4471
attends a community school established under Chapter 3314. of the	4472
Revised Code. A child attending a special education program with a	4473
scholarship under this section shall continue to be entitled to	4474
transportation to and from that program in the manner prescribed	4475
by law.	4476

(C)(1) Notwithstanding anything to the contrary in the	4477
Revised Code, a child for whom a scholarship is awarded under this	4478
section shall be counted in the formula ADM and the category six	4479
special education ADM of the district in which the child is	4480
entitled to attend school and not in the formula ADM and the	4481
category six special education ADM of any other school district.	4482

(2) In each fiscal year, the Department shall deduct from the	4483
amounts paid to each school district under Chapter 3317. of the	4484
Revised Code, and, if necessary, sections 321.24 and 323.156 of	4485
the Revised Code, the aggregate amount of scholarships awarded	4486
under this section for qualified special education children	4487
included in the formula ADM and category six special education ADM	4488
of that school district as provided in division (C)(1) of this	4489
section. The scholarships deducted shall be considered as an	4490
approved special education and related services expense for the	4491
purpose of the school district's compliance with division (C)(5)	4492
of section 3317.022 of the Revised Code.	4493

(3) From time to time, the Department shall make a payment to	4494
the parent of each qualified special education child for whom a	4495
scholarship has been awarded under this section. The scholarship	4496
amount shall be proportionately reduced in the case of any such	4497
child who is not enrolled in the special education program for	4498
which a scholarship was awarded under this section for the entire	4499
school year. The Department shall make no payments to the parent	4500
of a child while any administrative or judicial mediation or	4501
proceedings with respect to the content of the child's	4502
individualized education program are pending.	4503

(D) A scholarship shall not be paid to a parent for payment	4504
of tuition owed to a nonpublic entity unless that entity is a	4505
registered private provider. The Department shall approve entities	4506
that meet the standards established by rule of the State Board for	4507
the program established under this section.	4508

(E) The State Board shall adopt rules in accordance with	4509
Chapter 119. of the Revised Code prescribing procedures necessary	4510
to implement this section, including, but not limited to,	4511
procedures and deadlines for parents to apply for scholarships,	4512
standards for registered private providers, and procedures for	4513
approval of entities as registered private providers. The Board	4514
shall adopt the rules so that the program established under this	4515
section is operational by January 1, 2004.	4516

(F) The Legislative Office of Education Oversight shall	4517
conduct a formative evaluation of the program established under	4518
this section and shall report its findings to the General Assembly	4519
not later than March 1, 2005. In conducting the evaluation, the	4520
Office shall to the extent possible gather comments from parents	4521
who have been awarded scholarships under the program, school	4522
district officials, representatives of registered private	4523
providers, educators, and representatives of educational	4524
organizations for inclusion in the report required under this	4525
section.	4526

Sec. 146.  (A) In September of 2003(1) Within thirty days	4527
after the effective date of this amendment, each school district	4528
that has been declared to be under an academic watch or in a state	4529
of academic emergency pursuant to section 3302.03 of the Revised	4530
Code at any time in 2003 or that has a three-year average	4531
graduation rate of not more than seventy-five per cent shall	4532
administer a half-length practice version of eachthe reading and	4533
mathematics Ohio Graduation TestTests prescribed by division (B)	4534
of section 3301.0710 of the Revised Code to all ninth grade	4535
students enrolled in the district. EachThe district also shall	4536
assess all ninth grade students in each subject area of writing,	4537
science, and social studies to determine the students'	4538
preparedness for the Ohio Graduation Tests in those subject areas.	4539
The manner in which these assessments are conducted may be	4540
determined by the district, school, or individual teachers.	4541

(2) In September of 2004, each school district that has been	4542
declared to be under an academic watch or in a state of academic	4543
emergency pursuant to section 3302.03 of the Revised Code or that	4544
has a three-year average graduation rate of not more than	4545
seventy-five per cent shall administer a half-length practice	4546
version of each Ohio Graduation Test to all ninth grade students	4547
enrolled in the district, except that if the Department of	4548
Education has made a full-length practice version of any Ohio	4549
Graduation Test available to the district, the district shall	4550
administer the full-length practice version of the test instead.	4551

(3) Each district shall determine the dates, times, and	4552
method of administering the tests and assessments required by	4553
division (A) of this section to students and shall score the tests	4554
and assessments.	4555

(B) EachIn the 2003-2004 school year, each district declared	4556
to be in a state of academic emergency pursuant to section 3302.03	4557
of the Revised Code at any time in 2003 and, in the 2004-2005	4558
school year, each district that has a three-year average	4559
graduation rate of not more than seventy-five per cent shall	4560
determine for each high school in the district whether the school	4561
shall be required to provide intervention services in accordance	4562
with this division to any students who took the tests or	4563
assessments required by division (A) of this section. In	4564
determining which high schools shall provide intervention services	4565
based upon available funding, the district shall consider each	4566
school's graduation rate and scores on the practice tests or	4567
assessments.	4568

Each high school selected to provide intervention services	4569
under this division shall provide intervention services to	4570
students whose practice test or assessment results indicate that	4571
they are failing to make satisfactory progress toward being able	4572
to attain scores at the proficient level on the Ohio Graduation	4573
Tests. Intervention services shall be provided in any skill in	4574
which a student demonstrates unsatisfactory progress and shall be	4575
commensurate with the student's test or assessment performance.	4576
Schools shall provide the intervention services prior to the end	4577
of the school year, during the summer following the ninth grade,	4578
in the next succeeding school year, or at any combination of those	4579
times.	4580

(C) As used in this section, "three-year average" and	4581
"graduation rate" have the same meanings as in section 3302.01 of	4582
the Revised Code.	4583

Sec. 152. (A) There is hereby created the Ohio Autism Task	4584
Force consisting of the following members:	4585

(1) All of the following persons to be appointed by the	4586
Governor:	4587

(a) A person diagnosed with autism;

4588

(b) Four persons who are parents of children diagnosed with	4589
autism;	4590

(c) A special education administrator of an Ohio school	4591
district;	4592

(d) A representative of the Ohio Association of County Boards	4593
of Mental Retardation and Developmental Disabilities;	4594

(e) A representative of the Ohio Developmental Disabilities	4595
Council;	4596

(f) A representative of the Autism Society of Ohio;

4597

(g) A developmental pediatrician who is a member of the Ohio	4598
Association of Pediatricians;	4599

(h) Two representatives from private schools in Ohio that	4600
provide special education services to children diagnosed with	4601
autism;	4602

(i) Two representatives from Ohio hospitals that provide	4603
services to children diagnosed with autism.	4604

(2) Two members of the House of Representatives, one from the	4605
majority party and one from the minority party, appointed by the	4606
Speaker of the House of Representatives;	4607

(3) Two members of the Senate, one from the majority party	4608
and one from the minority party, appointed by the President of the	4609
Senate;	4610

(4) The Director of Mental Retardation and Developmental	4611
Disabilities or the Director's designee;	4612

(5) The Director of Job and Family Services or the Director's	4613
designee;	4614

(6) The Superintendent of Public Instruction or the	4615
Superintendent's designee;	4616

(7) The Director of Health or the Director's designee.

4617

(B) All appointments and designations to the Task Force shall	4618
be made not later than thirty days after the effective date of	4619
this section. Any vacancy that occurs on the Task Force shall be	4620
filled in the same manner as the original appointment. The members	4621
of the Task Force shall serve without compensation.	4622

(C) The initial meeting of the Task Force shall be held not	4623
later than sixty days after the effective date of this section. At	4624
its initial meeting, the Task Force shall elect from its	4625
membership a chairperson and other officers it considers	4626
necessary. Thereafter, the Task Force shall meet on the call of	4627
the chairperson.	4628

(D) The Department of Mental Retardation and Developmental	4629
Disabilities shall provide meeting facilities and other support as	4630
necessary for the Task Force.	4631

(E) The Task Force shall study and make recommendations	4632
regarding both of the following:	4633

(1)The(1) The growing incidence of autism in Ohio;

4634

(2)Ways(2) Ways to improve the delivery in this state of	4635
autism services.	4636

(F) Not later than one year after the effective date of this	4637
sectionNovember 26, 2004, the Task Force shall submit a written	4638
report of its recommendations to the Governor, the Speaker of the	4639
House of Representatives, and the President of the Senate.	4640

(G) On submission of its report, the Task Force shall cease	4641
to exist.	4642

Section 15. That existing Sections 41.03, 41.05, 41.10,	4643
41.19, 41.33, 146, and 152 of Am. Sub. H.B. 95 of the 125th	4644
General Assembly are hereby repealed.	4645

Section 16. (A) As used in this section:

4646

(1) "All-day kindergarten" and "kindergarten through third	4647
grade ADM" have the same meanings as in section 3317.029 of the	4648
Revised Code.	4649

(2) "DPIA reduction factor," "entitled to attend school," and	4650
"SF-3 payment" have the same meanings as in section 3314.08 of the	4651
Revised Code.	4652

(3) "Guarantee payment" means the total amount of	4653
disadvantaged pupil impact aid paid, under section 3317.029 of the	4654
Revised Code and Section 41.10 of Am. Sub. H.B. 95 of the 125th	4655
General Assembly, as amended, to a school district that is	4656
guaranteed to receive such aid equal to the amount the district	4657
received in fiscal year 1998 pursuant to division (B) of section	4658
3317.023 of the Revised Code as it existed at that time.	4659

(4) "OWF student count" means the five-year average of the	4660
total number of children ages five to seventeen residing in a	4661
school district whose families receive assistance under the Ohio	4662
Works First program, based on data most recently certified by the	4663
Department of Job and Family Services.	4664

(B) Notwithstanding divisions (C)(4), (C)(5), (D)(5), and	4665
(D)(6) of section 3314.08 and section 3314.13 of the Revised Code,	4666
in fiscal years 2004 and 2005 the Department of Education shall	4667
pay disadvantaged pupil impact aid to community schools in	4668
accordance with this section. This section stipulates the General	4669
Assembly's intent for paying DPIA to community schools in	4670
recognition of the 2% DPIA increase granted to school districts in	4671
each of those years by Section 41.10 of Am. Sub. H.B. 95 of the	4672
125th General Assembly, as amended.	4673

(C)(1) In each of fiscal years 2004 and 2005, the Department	4674
shall pay each community school a per pupil amount for each	4675
student enrolled in the community school who meets both of the	4676
following criteria:	4677

(a) The student is entitled to attend school in a school	4678
district that received a DPIA guarantee payment under division (B)	4679
of section 3317.029 of the Revised Code in fiscal year 2003;	4680

(b) The student's family receives assistance under the Ohio	4681
Works First program.	4682

(2) Subject to division (E) of this section, the per pupil	4683
payment in each fiscal year under division (C)(1) of this section	4684
shall equal the quotient of the DPIA guarantee payment to the	4685
school district where the student is entitled to attend school	4686
divided by that district's OWF student count, adjusted by any DPIA	4687
reduction factor of the community school.	4688

(D)(1) In each of fiscal years 2004 and 2005, the Department	4689
shall pay each community school a per pupil amount for each	4690
student enrolled in the community school who meets both of the	4691
following criteria:	4692

(a) The student is entitled to attend school in a school	4693
district that either received a DPIA safety and remediation	4694
payment under division (C) of section 3317.029 of the Revised Code	4695
in fiscal year 2003 or, if it did not, receives a safety and	4696
remediation payment under that division in the current fiscal year	4697
pursuant to the first paragraph under the heading "DISADVANTAGED	4698
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4699
125th General Assembly, as amended;	4700

(b) The student's family receives assistance under the Ohio	4701
Works First program.	4702

(2) Except as provided in division (D)(4) of this section,	4703
and subject to division (E) of this section, the per pupil payment	4704
in fiscal year 2004 under division (D)(1) of this section shall	4705
equal the following quotient, adjusted by any DPIA reduction	4706
factor of the community school:	4707

(a) The fiscal year 2003 DPIA safety and remediation payment	4708
under division (C) of section 3317.029 of the Revised Code to the	4709
school district where the student is entitled to attend school,	4710
times 102%; divided by	4711

(b) That district's OWF student count.

4712

(3) Except as provided in division (D)(4) of this section,	4713
and subject to division (E) of this section, the per pupil payment	4714
in fiscal year 2005 under division (D)(1) of this section shall	4715
equal the following quotient, adjusted by any DPIA reduction	4716
factor of the community school:	4717

(a) The product calculated under division (D)(2)(a) of this	4718
section for the school district where the student is entitled to	4719
attend school, times 102%; divided by	4720

(b) That district's OWF student count.

4721

(4) Subject to division (E) of this section, for each	4722
community school student who is entitled to attend school in a	4723
school district that receives a DPIA safety and remediation	4724
payment under division (C) of section 3317.029 of the Revised Code	4725
pursuant to the first paragraph under the heading "DISADVANTAGED	4726
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4727
125th General Assembly, as amended, the per pupil payment in each	4728
fiscal year under division (D)(1) of this section shall equal the	4729
quotient of the safety and remediation payment to the school	4730
district for the current fiscal year divided by that district's	4731
OWF student count, adjusted by any DPIA reduction factor of the	4732
community school.	4733

(E) Payments under divisions (C) and (D) of this section	4734
shall be calculated based on Ohio Works First data certified to	4735
the Department of Education by the Department of Job and Family	4736
Services and community schools in the spring of the fiscal year.	4737
However, for each community school that operated in the prior	4738
fiscal year, the Department of Education shall make estimated	4739
payments based on data certified for the prior fiscal year until	4740
data is certified in the spring, and shall recalculate the	4741
payments for the entire fiscal year after the data is certified in	4742
the spring. For each community school commencing its first year of	4743
operation, the Department shall not make payments under those	4744
divisions in the community school's first fiscal year until the	4745
spring of the fiscal year, after the community school and the	4746
Department of Job and Family Services have certified the Ohio	4747
Works First data.	4748

(F)(1) In each of fiscal years 2004 and 2005, the Department	4749
of Education shall pay each community school a per pupil amount	4750
for each student enrolled in the community school who meets all of	4751
the following criteria:	4752

(a) The student is entitled to attend school in a school	4753
district that either received a DPIA class-size reduction payment	4754
under division (E) of section 3317.029 of the Revised Code in	4755
fiscal year 2003 or, if it did not, receives a class-size	4756
reduction payment under that division in the current fiscal year	4757
pursuant to the first paragraph under the heading "DISADVANTAGED	4758
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4759
125th General Assembly, as amended;	4760

(b) The student is enrolled in the community school in	4761
kindergarten or first, second, or third grade;	4762

(c) The student is not receiving special education and	4763
related services under an individualized education program, as	4764
defined in section 3323.01 of the Revised Code.	4765

(2) Except as provided in divisions (F)(4) and (5) of this	4766
section, the per pupil payment in fiscal year 2004 under division	4767
(F)(1) of this section shall equal the following quotient,	4768
adjusted by any DPIA reduction factor of the community school:	4769

(a) The fiscal year 2003 DPIA class-size reduction payment	4770
under division (E) of section 3317.029 of the Revised Code to the	4771
school district where the student is entitled to attend school,	4772
times 102%; divided by	4773

(b) That district's fiscal year 2004 kindergarten through	4774
third grade ADM.	4775

(3) Except as provided in divisions (F)(4) and (5) of this	4776
section, the per pupil payment in fiscal year 2005 under division	4777
(F)(1) of this section shall equal the following quotient,	4778
adjusted by any DPIA reduction factor of the community school:	4779

(a) The product calculated under division (F)(2)(a) of this	4780
section for the school district where the student is entitled to	4781
attend school, times 102%; divided by	4782

(b) That district's fiscal year 2005 kindergarten through	4783
third grade ADM.	4784

(4) Except as provided in division (F)(5) of this section,	4785
for each community school student who is entitled to attend school	4786
in a school district that receives a DPIA class-size reduction	4787
payment under division (E) of section 3317.029 of the Revised Code	4788
pursuant to the first paragraph under the heading "DISADVANTAGED	4789
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4790
125th General Assembly, as amended, the per pupil payment in each	4791
fiscal year under division (F)(1) of this section shall equal the	4792
quotient of the class-size reduction payment to the school	4793
district for the current fiscal year divided by that district's	4794
kindergarten through third grade ADM for the current fiscal year,	4795
adjusted by any DPIA reduction factor of the community school.	4796

(5) The Department shall pay only 50% of the per pupil	4797
payment prescribed in divisions (F)(2), (3), and (4) of this	4798
section for each qualifying community school student who is	4799
enrolled in a kindergarten class that is not all-day kindergarten.	4800

(G)(1) In each of fiscal years 2004 and 2005, the Department	4801
shall pay each community school a per pupil amount for each	4802
student enrolled in the community school who meets both of the	4803
following criteria:	4804

(a) The student is entitled to attend school in a school	4805
district that was eligible in fiscal year 2003 to receive an	4806
all-day kindergarten payment under division (D) of section	4807
3317.029 of the Revised Code or Section 44.12 of Am. Sub. H.B. 94	4808
of the 124th General Assembly if it offered all-day kindergarten,	4809
regardless of whether the district actually received a payment	4810
under either section for all-day kindergarten;	4811

(b) The student is enrolled in the community school in	4812
all-day kindergarten.	4813

(2) Except as provided in division (G)(4) of this section,	4814
the per pupil payment in fiscal year 2004 under division (G)(1) of	4815
this section shall equal the following quotient:	4816

(a) The fiscal year 2003 DPIA all-day kindergarten payment to	4817
the school district where the student is entitled to attend	4818
school, times 102%; divided by	4819

(b) The number of students entitled to attend school in that	4820
district who are enrolled in all-day kindergarten in the school	4821
district or in a community school in fiscal year 2004.	4822

(3) Except as provided in division (G)(4) of this section,	4823
the per pupil payment in fiscal year 2005 under division (G)(1) of	4824
this section shall equal the following quotient:	4825

(a) The product calculated under division (G)(2)(a) of this	4826
section for the school district where the student is entitled to	4827
attend school, times 102%; divided by	4828

(b) The number of students entitled to attend school in that	4829
district who are enrolled in all-day kindergarten in the school	4830
district or in a community school in fiscal year 2005.	4831

(4) For each community school student enrolled in all-day	4832
kindergarten who is entitled to attend school in a district that	4833
was eligible in fiscal year 2003 to receive an all-day	4834
kindergarten payment under division (D) of section 3317.029 of the	4835
Revised Code or Section 44.12 of Am. Sub. H.B. 94 of the 124th	4836
General Assembly if it offered all-day kindergarten, but did not	4837
actually receive a payment under either section for all-day	4838
kindergarten, the per pupil amount under division (G)(1) shall be:	4839

(a) In fiscal year 2004, one-half of the formula amount	4840
prescribed by section 3317.012 of the Revised Code for fiscal year	4841
2003, times 102%;	4842

(b) In fiscal year 2005, the product calculated under	4843
division (G)(4)(a) of this section, times 102%.	4844

(H) The Department shall deduct each per pupil payment to a	4845
community school under divisions (C) to (F) of this section from	4846
the SF-3 payment to the school district in which the student is	4847
entitled to attend school. With respect to all-day kindergarten	4848
payments under division (G) of this section:	4849

(1) If the student for whom payment is made is entitled to	4850
attend school in a district that received an all-day kindergarten	4851
payment in fiscal year 2003, the Department shall deduct the	4852
payment from the SF-3 payment to the school district.	4853

(2) If the student for whom payment is made is entitled to	4854
attend school in a district that was eligible to receive an	4855
all-day kindergarten payment in fiscal year 2003 if it offered	4856
all-day kindergarten, but did not receive an all-day kindergarten	4857
payment that year, the Department shall pay the community school	4858
from the amount appropriated to the Department in appropriation	4859
item 200-520, Disadvantaged Pupil Impact Aid.	4860

(I) For purposes of determining the number of students for	4861
which divisions (C) and (D) of this section apply in either fiscal	4862
year, community schools and the Department of Job and Family	4863
Services shall comply with division (K) of section 3314.08 of the	4864
Revised Code.	4865

(J) The Department of Education shall adjust payments under	4866
this section to reflect any enrollment of students in community	4867
schools for less than the equivalent of a full school year, as	4868
required by division (L) of section 3314.08 and division (D) of	4869
section 3314.13 of the Revised Code. The Department shall apply	4870
division (N) of section 3314.08 of the Revised Code to payments	4871
under this section.	4872

Section 17. Sections 41.03, 41.05, 41.10, 41.19, 41.33, and	4873
146 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended	4874
in this act, and Section 16 of this act, and the items of law of	4875
which those sections as amended or enacted in this act are	4876
composed, are not subject to the referendum. Therefore, under Ohio	4877
Constitution, Article II, Section 1d and section 1.471 of the	4878
Revised Code, Sections 41.03, 41.05, 41.10, 41.19, 41.33, and 146	4879
of Am. Sub. H.B. 95 of the 125th General Assembly, as amended in	4880
this act, and Section 16 of this act, and the items of law of	4881
which those sections as amended or enacted in this act are	4882
composed, go into immediate effect when this act becomes law.	4883

Section 18.  Section 3301.0710 of the Revised Code is	4884
presented in this act as a composite of the section as amended by	4885
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4886
Assembly. The General Assembly, applying the principle stated in	4887
division (B) of section 1.52 of the Revised Code that amendments	4888
are to be harmonized if reasonably capable of simultaneous	4889
operation, finds that the composite is the resulting version of	4890
the section in effect prior to the effective date of the section	4891
as presented in this act.	4892

Section 19.  Section 3301.0711 of the Revised Code is	4893
presented in this act as a composite of the section as amended by	4894
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4895
Assembly. The General Assembly, applying the principle stated in	4896
division (B) of section 1.52 of the Revised Code that amendments	4897
are to be harmonized if reasonably capable of simultaneous	4898
operation, finds that the composite is the resulting version of	4899
the section in effect prior to the effective date of the section	4900
as presented in this act.	4901

Section 20.  Section 3301.0714 of the Revised Code is	4902
presented in this act as a composite of the section as amended by	4903
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4904
Assembly. The General Assembly, applying the principle stated in	4905
division (B) of section 1.52 of the Revised Code that amendments	4906
are to be harmonized if reasonably capable of simultaneous	4907
operation, finds that the composite is the resulting version of	4908
the section in effect prior to the effective date of the section	4909
as presented in this act.	4910

Section 21. Section 3318.031 of the Revised Code is presented	4911
in this act as a composite of the section as amended by both Sub.	4912
H.B. 248 and H.B. 675 of the 124th General Assembly. The General	4913
Assembly, applying the principle stated in division (B) of section	4914
1.52 of the Revised Code that amendments are to be harmonized if	4915
reasonably capable of simultaneous operation, finds that the	4916
composite is the resulting version of the section in effect prior	4917
to the effective date of the section as presented in this act.	4918

Section 22.  Section 3319.39 of the Revised Code is presented	4919
in this act as a composite of the section as amended by Am. Sub.	4920
H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230 of the 121st	4921
General Assembly. The General Assembly, applying the principle	4922
stated in division (B) of section 1.52 of the Revised Code that	4923
amendments are to be harmonized if reasonably capable of	4924
simultaneous operation, finds that the composite is the resulting	4925
version of the section in effect prior to the effective date of	4926
the section as presented in this act.	4927