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, 3301.0715, 3302.04, 3307.01, 3313.28,

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3313.53, 3313.713, 3318.031, 3319.09, 3319.11,

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3319.111, 3319.22, 3319.225, 3319.227, 3319.23,

4

3319.26, 3319.283, 3319.29, 3319.291, 3319.31,

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3319.311, 3319.36, 3319.39, 3319.51, 3333.38, and

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5126.021; to enact sections 3314.034, 3319.074,

7

3319.075, 3319.112, 3319.25, 3319.261, 3319.27,

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3319.303, 3319.56, 3319.57, 3319.60, 3319.61,

9

3319.62, 3319.65, 3333.161, and 3333.36; to repeal

10

sections 3301.801 and 3319.28 of the Revised Code;

11

to amend Section 12 of Sub. H.B. 364 of the 124th

12

General Assembly and to amend Section 12 of Sub.

13

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

14

purpose of changing its number to section 3314.021

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of the Revised Code; to amend Sections 11, 12, 13,

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and 14 of Am. Sub. H.B. 3 of the 125th General

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Assembly; and to amend Sections 41.03, 41.05,

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41.10, 41.19, 41.33, 146, and 152 of Am. Sub. H.B.

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95 of the 125th General Assembly to implement

20

recommendations of the Governor's Commission on

21

Teaching Success, to revise the laws with respect

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to the teaching profession, academic standards,

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other education policies and programs, and

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employment by county boards of mental retardation

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and developmental disabilities, and to extend to

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November 26, 2004, the deadline for the Ohio

27

Autism Task Force report.

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	29
3301.0712, 3301.0715, 3302.04, 3307.01, 3313.28, 3313.53,	30
3313.713, 3318.031, 3319.09, 3319.11, 3319.111, 3319.22, 3319.225,	31
3319.227, 3319.23, 3319.26, 3319.283, 3319.29, 3319.291, 3319.31,	32
3319.311, 3319.36, 3319.39, 3319.51, 3333.38, and 5126.021 be	33
amended; that Section 12 of Sub. H.B. 364 of the 124th General	34
Assembly be amended and renumbered as section 3314.021; and that	35
sections 3314.034, 3319.074, 3319.075, 3319.112, 3319.25,	36
3319.261, 3319.27, 3319.303, 3319.56, 3319.57, 3319.60, 3319.61,	37
3319.62, 3319.65, 3333.161, and 3333.36 of the Revised Code be	38
enacted to read as follows:	39

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	40
state board of education shall adopt statewide academic standards	41
for each of grades kindergarten through twelve in reading,	42
writing, and mathematics. Not later than December 31, 2002, the	43
state board shall adopt statewide academic standards for each of	44
grades kindergarten through twelve in science and social studies.	45
The standards shall specify the academic content and skills that	46
students are expected to know and be able to do at each grade	47
level.	48

(2) When academic standards have been completed for any	49
subject area required by this division, the state board shall	50
inform all school districts of the content of those standards.	51

(B) Not later than eighteen months after the completion of	52
academic standards for any subject area required by division (A)	53
of this section, the state board shall adopt a model curriculum	54
for instruction in that subject area for each of grades	55
kindergarten through twelve that is sufficient to meet the needs	56
of students in every community. The model curriculum shall be	57
aligned with the standards to ensure that the academic content and	58
skills specified for each grade level are taught to students. When	59
any model curriculum has been completed, the state board shall	60
inform all school districts of the content of that model	61
curriculum.	62

All school districts may utilize the state standards and the	63
model curriculum established by the state board, together with	64
other relevant resources, examples, or models to ensure that	65
students have the opportunity to attain the academic standards.	66
Upon request, the department of education shall provide technical	67
assistance to any district in implementing the model curriculum.	68

Nothing in this section requires any school district to	69
utilize all or any part of a model curriculum developed under this	70
division.	71

(C) The state board shall develop achievement tests aligned	72
with the academic standards and model curriculum for each of the	73
subject areas and grade levels required by section 3301.0710 of	74
the Revised Code.	75

When any achievement test has been completed, the state board	76
shall inform all school districts of its completion, and the	77
department of education shall make the achievement test available	78
to the districts. School districts shall administer the	79
achievement test beginning in the school year indicated in section	80
3301.0712 of the Revised Code.	81

(D)(1) Not later than July 1, 20072008, and except as	82
provided in division (D)(3) of this section, the state board shall	83
adopt a diagnostic assessment aligned with the academic standards	84
and model curriculum for each of grades kindergarten through two	85
in reading, writing, and mathematics and for each of grades three	86
through eight in reading, writing, mathematics, science, and	87
social studies. The diagnostic assessment shall be designed to	88
measure student comprehension of academic content and mastery of	89
related skills for the relevant subject area and grade level. Any	90
diagnostic assessment shall not include components to identify	91
gifted students. Blank copies of diagnostic tests shall be public	92
records.	93

(2) When each diagnostic assessment has been completed, the	94
state board shall inform all school districts of its completion	95
and the department of education shall make the diagnostic	96
assessment available to the districts at no cost to the district.	97
School districts shall administer the diagnostic assessment	98
pursuant to section 3301.0715 of the Revised Code beginning the	99
first school year following the development of the assessment.	100

(3) The state board shall not adopt a diagnostic assessment	101
for any subject area and grade level for which the state board	102
develops an achievement test under division (C) of this section.	103

(E) Whenever the state board or the department of education	104
consults with persons for the purpose of drafting or reviewing any	105
standards, diagnostic assessments, achievement tests, or model	106
curriculum required under this section, the state board or the	107
department shall first consult with parents of students in	108
kindergarten through twelfth grade and with active Ohio classroom	109
teachers, other school personnel, and administrators with	110
expertise in the appropriate subject area. Whenever practicable,	111
the state board and department shall consult with teachers	112
recognized as outstanding in their fields.	113

If the department contracts with more than one outside entity	114
for the development of the achievement tests required by this	115
section, the department shall ensure the interchangeability of	116
those tests.	117

(F) The fairness sensitivity review committee, established by	118
rule of the state board of education, shall not allow any question	119
on any achievement test or diagnostic assessment developed under	120
this section or any proficiency test prescribed by former section	121
3301.0710 of the Revised Code, as it existed prior to September	122
11, 2001, to include, be written to promote, or inquire as to	123
individual moral or social values or beliefs. The decision of the	124
committee shall be final. This section does not create a private	125
cause of action.	126

Sec. 3301.0710.  The state board of education shall adopt	127
rules establishing a statewide program to test student	128
achievement. The state board shall ensure that all tests	129
administered under the testing program are aligned with the	130
academic standards and model curricula adopted by the state board	131
and are created with input from Ohio parents, Ohio classroom	132
teachers, Ohio school administrators, and other Ohio school	133
personnel pursuant to section 3301.079 of the Revised Code.	134

The testing program shall be designed to ensure that students	135
who receive a high school diploma demonstrate at least high school	136
levels of achievement in reading, writing, mathematics, science,	137
and social studies.	138

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

139

(a) Two statewide achievement tests, one each designed to	140
measure the level of reading and mathematics skill expected at the	141
end of third grade;	142

(b) Three statewide achievement tests, one each designed to	143
measure the level of reading, writing, and mathematics skill	144
expected at the end of fourth grade;	145

(c) Four statewide achievement tests, one each designed to	146
measure the level of reading, mathematics, science, and social	147
studies skill expected at the end of fifth grade;	148

(d) Two statewide achievement tests, one each designed to	149
measure the level of reading and mathematics skill expected at the	150
end of sixth grade;	151

(e) Three statewide achievement tests, one each designed to	152
measure the level of reading, writing, and mathematics skill	153
expected at the end of seventh grade;	154

(f) Four statewide achievement tests, one each designed to	155
measure the level of reading, mathematics, science, and social	156
studies skill expected at the end of eighth grade.	157

(2) The state board shall determine and designate at least	158
five ranges of scores on each of the achievement tests described	159
in divisions (A)(1) and (B) of this section. Each range of scores	160
shall be deemed to demonstrate a level of achievement so that any	161
student attaining a score within such range has achieved one of	162
the following:	163

(a) An advanced level of skill;

164

(b) An accelerated level of skill;

165

(c) A proficient level of skill;

166

(d) A basic level of skill;

167

(e) A limited level of skill.

168

(B) The tests prescribed under this division shall	169
collectively be known as the Ohio graduation tests. The state	170
board shall prescribe five statewide high school achievement	171
tests, one each designed to measure the level of reading, writing,	172
mathematics, science, and social studies skill expected at the end	173
of tenth grade. The state board shall designate a score in at	174
least the range designated under division (A)(2)(c) of this	175
section on each such test that shall be deemed to be a passing	176
score on the test as a condition toward granting high school	177
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	178
of the Revised Code.	179

The state board may enter into a reciprocal agreement with	180
the appropriate body or agency of any other state that has similar	181
statewide achievement testing requirements for receiving high	182
school diplomas, under which any student who has met an	183
achievement testing requirement of one state is recognized as	184
having met the similar achievement testing requirement of the	185
other state for purposes of receiving a high school diploma. For	186
purposes of this section and sections 3301.0711 and 3313.61 of the	187
Revised Code, any student enrolled in any public high school in	188
this state who has met an achievement testing requirement	189
specified in a reciprocal agreement entered into under this	190
division shall be deemed to have attained at least the applicable	191
score designated under this division on each test required by this	192
division that is specified in the agreement.	193

(C) The state board shall annually designate as follows the	194
dates on which the tests prescribed under this section shall be	195
administered:	196

(1) For the reading test prescribed under division (A)(1)(a)	197
of this section, as follows:	198

(a) One date prior to the thirty-first day of December each	199
school year;	200

(b) At least one date of each school year that is not earlier	201
than Monday of the week containing the eighthfirst day of March	202
May;	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 eighthfirst day of MarchMay;	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 fifteenthfirst day of	215
MarchMay for all tenth grade students and at least one date prior	216
to the thirty-first day of December and at least one date	217
subsequent to that date but prior to the thirty-first day of March	218
of each 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 section 3301.0710 of the Revised Code, theThe	438
department shall send to each school district board a list of the	439
individual test scores of all persons taking theany test	440
prescribed by division (A)(1) or (B) of section 3301.0710 of the	441
Revised Code within sixty days after its administration, but in no	442
case shall the scores be returned later than the fifteenth day of	443
June following the administration. For any tests administered	444
under this section by a joint vocational school district, the	445
department shall also send to each city, local, or exempted	446
village school district a list of the individual test scores of	447
any students of such city, local, or exempted village school	448
district who are attending school in the joint vocational school	449
district.	450

(H) Individual test scores on any tests administered under	451
this section shall be released by a district board only in	452
accordance with section 3319.321 of the Revised Code and the rules	453
adopted under division (A) of this section. No district board or	454
its employees shall utilize individual or aggregate test results	455
in any manner that conflicts with rules for the ethical use of	456
tests adopted pursuant to division (A) of this section.	457

(I) Except as provided in division (G) of this section, the	458
department shall not release any individual test scores on any	459
test administered under this section and shall adopt rules to	460
ensure the protection of student confidentiality at all times.	461

(J) Notwithstanding division (D) of section 3311.52 of the	462
Revised Code, this section does not apply to the board of	463
education of any cooperative education school district except as	464
provided under rules adopted pursuant to this division.	465

(1) In accordance with rules that the state board of	466
education shall adopt, the board of education of any city,	467
exempted village, or local school district with territory in a	468
cooperative education school district established pursuant to	469
divisions (A) to (C) of section 3311.52 of the Revised Code may	470
enter into an agreement with the board of education of the	471
cooperative education school district for administering any test	472
prescribed under this section to students of the city, exempted	473
village, or local school district who are attending school in the	474
cooperative education school district.	475

(2) In accordance with rules that the state board of	476
education shall adopt, the board of education of any city,	477
exempted village, or local school district with territory in a	478
cooperative education school district established pursuant to	479
section 3311.521 of the Revised Code shall enter into an agreement	480
with the cooperative district that provides for the administration	481
of any test prescribed under this section to both of the	482
following:	483

(a) Students who are attending school in the cooperative	484
district and who, if the cooperative district were not	485
established, would be entitled to attend school in the city,	486
local, or exempted village school district pursuant to section	487
3313.64 or 3313.65 of the Revised Code;	488

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

489

Any testing of students pursuant to such an agreement shall	490
be in lieu of any testing of such students or persons pursuant to	491
this section.	492

(K)(1) Any chartered nonpublic school may participate in the	493
testing program by administering any of the tests prescribed by	494
section 3301.0710 or 3301.0712 of the Revised Code if the chief	495
administrator of the school specifies which tests the school	496
wishes to administer. Such specification shall be made in writing	497
to the superintendent of public instruction prior to the first day	498
of August of any school year in which tests are administered and	499
shall include a pledge that the nonpublic school will administer	500
the specified tests in the same manner as public schools are	501
required to do under this section and rules adopted by the	502
department.	503

(2) The department of education shall furnish the tests	504
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	505
to any chartered nonpublic school electing to participate under	506
this division.	507

(L)(1) The superintendent of the state school for the blind	508
and the superintendent of the state school for the deaf shall	509
administer the tests described by section 3301.0710 of the Revised	510
Code. Each superintendent shall administer the tests in the same	511
manner as district boards are required to do under this section	512
and rules adopted by the department of education and in conformity	513
with division (C)(1)(a) of this section.	514

(2) The department of education shall furnish the tests	515
described by section 3301.0710 of the Revised Code to each	516
superintendent.	517

(M) Notwithstanding division (E) of this section, a school	518
district may use a student's failure to attain a score in at least	519
the basic range on the mathematics test described by division	520
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	521
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	522
of section 3301.0710 of the Revised Code as a factor in retaining	523
that student in the current grade level.	524

(N)(1) AllThe tests required by section 3301.0710 of the	525
Revised Code shall become public records pursuant to section	526
149.43 of the Revised Code on the first day of July following the	527
school year that the test was administered, except that the	528
reading test prescribed under division (A)(1)(a) of section	529
3301.0710 of the Revised Code shall become a public record on the	530
sixteenth day of July following the school year that the test was	531
administered.	532

(2) The department may field test proposed test questions	533
with samples of students to determine the validity, reliability,	534
or appropriateness of test questions for possible inclusion in a	535
future year's test. The department also may use anchor questions	536
on tests to ensure that different versions of the same test are of	537
comparable difficulty.	538

Field test questions and anchor questions shall not be	539
considered in computing test scores for individual students. Field	540
test questions and anchor questions may be included as part of the	541
administration of any test required by section 3301.0710 of the	542
Revised Code.	543

(3) Any field test question or anchor question administered	544
under division (N)(2) of this section shall not be a public	545
record. Such field test questions and anchor questions shall be	546
redacted from any tests which are released as a public record	547
pursuant to division (N)(1) of this section.	548

(O) As used in this section, "three-year average" and	549
"graduation rate" have the same meanings as in section 3302.01 of	550
the Revised Code.	551

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	552
3301.0711 of the Revised Code, the state board of education shall	553
continue to prescribe and the department of education and each	554
school district shall continue to administer any proficiency test	555
in accordance with those former sections, as they existed prior to	556
September 11, 2001, until the applicable test is no longer	557
required to be administered as indicated on the chart below. When	558
any achievement test has been developed and made available in	559
accordance with section 3301.079 of the Revised Code, such	560
achievement test shall be administered to students under sections	561
3301.0710 and 3301.0711 of the Revised Code beginning in the	562
school year indicated on the chart below. School districts shall	563
continue to provide intervention services as required under former	564
division (D) of section 3301.0711 of the Revised Code, as it	565
existed prior to September 11, 2001, to students who fail to	566
attain a score in the proficient range on a fourth grade	567
proficiency test.	568

(B) Notwithstanding division (A) of this section, the state	597
board shall continue to prescribe and school districts and	598
chartered nonpublic schools shall continue to administer ninth	599
grade proficiency tests in reading, writing, mathematics, science,	600
and citizenship to students who enter ninth grade prior to July 1,	601
2003, for as long as those students remain eligible under section	602
3313.614 of the Revised Code to receive their high school diplomas	603
based on passage of those ninth grade proficiency tests.	604

Sec. 3301.0715.  (A) Except as provided in division (E) of	605
this section, the board of education of each city, local, and	606
exempted village school district shall administer each applicable	607
diagnostic assessment developed and provided to the district in	608
accordance with section 3301.079 of the Revised Code to the	609
following:	610

(1) Each student enrolled in a building subject to division	611
(E) of section 3302.04 of the Revised Code;	612

(2) Any student who transfers into the district or to a	613
different school within the district if each applicable diagnostic	614
assessment was not administered by the district or school the	615
student previously attended in the current school year, within	616
thirty days after the date of transfer;. If the district or school	617
into which the student transfers cannot determine whether the	618
student has taken any applicable diagnostic assessment in the	619
current school year, the district or school may administer the	620
diagnostic assessment to the student.	621

(3) Each kindergarten student, withinnot later than six	622
weeks after the first day of school. For the purpose of division	623
(A)(3) of this section, the district shall administer the	624
kindergarten readiness assessment provided by the department of	625
education. The district may administer the readiness assessment to	626
a student prior to the student's enrollment in kindergarten, but	627
in no case shall the results of the readiness assessment be used	628
to prohibit the student from enrolling in kindergarten.	629

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

630

(B) Each district board shall administer each diagnostic	631
assessment as the board deems appropriate. However, the board	632
shall administer any diagnostic assessment at least once annually	633
to all students in the appropriate grade level. A district board	634
may administer any diagnostic assessment in the fall and spring of	635
a school year to measure the amount of academic growth	636
attributable to the instruction received by students during that	637
school year.	638

(C) Each district board shall utilize and score any	639
diagnostic assessment administered under division (A) of this	640
section in accordance with rules established by the department.	641
Except as required by division (B)(1)(o) of section 3301.0714 of	642
the Revised Code, neither the state board of education nor the	643
department shall require school districts to report the results of	644
diagnostic assessments for any students to the department or to	645
make any such results available in any form to the public. After	646
the administration of any diagnostic assessment, each district	647
shall provide a student's completed diagnostic assessment, the	648
results of such assessment, and any other accompanying documents	649
used during the administration of the assessment to the parent of	650
that student upon the parent's request.	651

(D) Each district board shall provide intervention services	652
to students whose diagnostic assessments show that they are	653
failing to make satisfactory progress toward attaining the	654
academic standards for their grade level.	655

(E) Any district that made adequate yearly progress, as	656
defined in section 3302.01 of the Revised Code, in the immediately	657
preceding school year may assess student progress in grades one	658
through eight using a diagnostic assessment other than the	659
diagnostic assessment required by division (A) of this section.	660

(F) A district board may administer any diagnostic assessment	661
provided to the district in accordance with section 3301.079 of	662
the Revised Code to any student enrolled in a building that is not	663
subject to division (A)(1) of this section. Any district electing	664
to administer diagnostic assessments to students under this	665
division shall provide intervention services to any such student	666
whose diagnostic assessment shows unsatisfactory progress toward	667
attaining the academic standards for the student's grade level.	668

Sec. 3302.04.  (A) The department of education shall	669
establish a system of intensive, ongoing support for the	670
improvement of school districts and school buildings. The system	671
shall give priority to districts and buildings that have been	672
declared to be under an academic watch or in a state of academic	673
emergency under section 3302.03 of the Revised Code and shall	674
include services provided to districts and buildings through	675
regional service providers, such as educational service centers,	676
regional professional development centers, and special education	677
regional resource centers.	678

(B) When a school district has been notified by the	679
department pursuant to division (A) of section 3302.03 of the	680
Revised Code that the district or a building within the district	681
has failed to make adequate yearly progress for two consecutive	682
school years, the district shall develop a three-year continuous	683
improvement plan for the district or building containing each of	684
the following:	685

(1) An analysis of the reasons for the failure of the	686
district or building to meet any of the applicable performance	687
indicators established under section 3302.02 of the Revised Code	688
that it did not meet and an analysis of the reasons for its	689
failure to make adequate yearly progress;	690

(2) Specific strategies that the district or building will	691
use to address the problems in academic achievement identified in	692
division (B)(1) of this section;	693

(3) Identification of the resources that the district will	694
allocate toward improving the academic achievement of the district	695
or building;	696

(4) A description of any progress that the district or	697
building made in the preceding year toward improving its academic	698
achievement;	699

(5) An analysis of how the district is utilizing the	700
professional development standards adopted by the state board	701
pursuant to section 3319.61 of the Revised Code;	702

(6) Strategies that the district or building will use to	703
improve the cultural competency, as defined pursuant to section	704
3319.61 of the Revised Code, of teachers and other educators.	705

No three-year continuous improvement plan shall be developed	706
or adopted pursuant to this division unless at least one public	707
hearing is held within the affected school district or building	708
concerning the final draft of the plan. Notice of the hearing	709
shall be given two weeks prior to the hearing by publication in	710
one newspaper of general circulation within the territory of the	711
affected school district or building. Copies of the plan shall be	712
made available to the public.	713

(C) When a school district or building has been notified by	714
the department pursuant to division (A) of section 3302.03 of the	715
Revised Code that the district or building is under an academic	716
watch or in a state of academic emergency, the district or	717
building shall be subject to any rules establishing intervention	718
in academic watch or emergency school districts or buildings.	719

(D)(1) Within one hundred twenty days after any school	720
district or building is declared to be in a state of academic	721
emergency under section 3302.03 of the Revised Code, the	722
department may initiate a site evaluation of the building or	723
school district.	724

(2) If any school district that is declared to be in a state	725
of academic emergency or in a state of academic watch under	726
section 3302.03 of the Revised Code or encompasses a building that	727
is declared to be in a state of academic emergency or in a state	728
of academic watch fails to demonstrate to the department	729
satisfactory improvement of the district or applicable buildings	730
or fails to submit to the department any information required	731
under rules established by the state board of education, prior to	732
approving a three-year continuous improvement plan under rules	733
established by the state board of education, the department shall	734
conduct a site evaluation of the school district or applicable	735
buildings to determine whether the school district is in	736
compliance with minimum standards established by law or rule.	737

(3) Site evaluations conducted under divisions (D)(1) and (2)	738
of this section shall include, but not be limited to, the	739
following:	740

(a) Determining whether teachers are assigned to subject	741
areas for which they are licensed or certified;	742

(b) Determining pupil-teacher ratios;

743

(c) Examination of compliance with minimum instruction time	744
requirements for each school day and for each school year;	745

(d) Determining whether materials and equipment necessary to	746
implement the curriculum approved by the school district board are	747
available;	748

(e) Examination of whether the teacher and principal	749
evaluation system reflects the evaluation system guidelines	750
adopted by the state board of education under section 3319.112 of	751
the Revised Code;	752

(f) Examination of the adequacy of efforts to improve the	753
cultural competency, as defined pursuant to section 3319.61 of the	754
Revised Code, of teachers and other educators.	755

(E) This division applies only to school districts that	756
operate a school building that fails to make adequate yearly	757
progress for two or more consecutive school years.	758

(1) For any school building that fails to make adequate	759
yearly progress for two consecutive school years, the district	760
shall do all of the following:	761

(a) Provide written notification of the academic issues that	762
resulted in the building's failure to make adequate yearly	763
progress to the parent or guardian of each student enrolled in the	764
building. The notification shall also describe the actions being	765
taken by the district or building to improve the academic	766
performance of the building and any progress achieved toward that	767
goal in the immediately preceding school year.	768

(b) If the building receives funds under Title 1, Part A of	769
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	770
6311 to 6339, from the district, in accordance with section	771
3313.97 of the Revised Code, offer all students enrolled in the	772
building the opportunity to enroll in an alternative building	773
within the district that is not in school improvement status as	774
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	775
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	776
the district shall spend an amount equal to twenty per cent of the	777
funds it receives under Title I, Part A of the "Elementary and	778
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	779
provide transportation for students who enroll in alternative	780
buildings under this division, unless the district can satisfy all	781
demand for transportation with a lesser amount. If an amount equal	782
to twenty per cent of the funds the district receives under Title	783
I, Part A of the "Elementary and Secondary Education Act of 1965,"	784
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	785
transportation, the district shall grant priority over all other	786
students to the lowest achieving students among the subgroup	787
described in division (F)(3) of section 3302.01 of the Revised	788
Code in providing transportation. Any district that does not	789
receive funds under Title I, Part A of the "Elementary and	790
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall	791
not be required to provide transportation to any student who	792
enrolls in an alternative building under this division.	793

(2) For any school building that fails to make adequate	794
yearly progress for three consecutive school years, the district	795
shall do both of the following:	796

(a) If the building receives funds under Title 1, Part A of	797
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	798
6311 to 6339, from the district, in accordance with section	799
3313.97 of the Revised Code, provide all students enrolled in the	800
building the opportunity to enroll in an alternative building	801
within the district that is not in school improvement status as	802
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	803
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	804
the district shall provide transportation for students who enroll	805
in alternative buildings under this division to the extent	806
required under division (E)(2) of this section.	807

(b) If the building receives funds under Title 1, Part A of	808
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	809
6311 to 6339, from the district, offer supplemental educational	810
services to students who are enrolled in the building and who are	811
in the subgroup described in division (F)(3) of section 3302.01 of	812
the Revised Code.	813

The district shall spend a combined total of an amount equal	814
to twenty per cent of the funds it receives under Title I, Part A	815
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	816
6311 to 6339, to provide transportation for students who enroll in	817
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	818
this section and to pay the costs of the supplemental educational	819
services provided to students under division (E)(2)(b) of this	820
section, unless the district can satisfy all demand for	821
transportation and pay the costs of supplemental educational	822
services for those students who request them with a lesser amount.	823
In allocating the funds the district receives under Title I, Part	824
A of the "Elementary and Secondary Education Act of 1965," 20	825
U.S.C. 6311 to 6339, between the requirements of divisions	826
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	827
shall spend at least an amount equal to five per cent of suchthe	828
funds it receives under Title I, Part A of the "Elementary and	829
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	830
provide transportation for students who enroll in alternative	831
buildings under division (E)(1)(b) or (E)(2)(a) of this section,	832
unless the district can satisfy all demand for transportation with	833
a lesser amount, and at least an amount equal to five per cent of	834
suchthe funds it receives under Title I, Part A of the	835
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	836
to 6339, to pay the costs of the supplemental educational services	837
provided to students under division (E)(2)(b) of this section,	838
unless the district can pay the costs of such services for all	839
students requesting them with a lesser amount. If an amount equal	840
to twenty per cent of the funds the district receives under Title	841
I, Part A of the "Elementary and Secondary Education Act of 1965,"	842
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	843
transportation under divisions (E)(1)(b) and (E)(2)(a) of this	844
section and to pay the costs of all of the supplemental	845
educational services provided to students under division (E)(2)(b)	846
of this section, the district shall grant priority over all other	847
students in providing transportation and in paying the costs of	848
supplemental educational services to the lowest achieving students	849
among the subgroup described in division (F)(3) of section 3302.01	850
of the Revised Code.	851

Any district that does not receive funds under Title I, Part	852
A of the "Elementary and Secondary Education Act of 1965," 20	853
U.S.C. 6311 to 6339, shall not be required to provide	854
transportation to any student who enrolls in an alternative	855
building under division (E)(2)(a) of this section or to pay the	856
costs of supplemental educational services provided to any student	857
under division (E)(2)(b) of this section.	858

No student who enrolls in an alternative building under	859
division (E)(2)(a) of this section shall be eligible for	860
supplemental educational services under division (E)(2)(b) of this	861
section.	862

(3) For any school building that fails to make adequate	863
yearly progress for four consecutive school years, the district	864
shall continue to comply with division (E)(2) of this section and	865
shall implement at least one of the following options with respect	866
to the building:	867

(a) Institute a new curriculum that is consistent with the	868
statewide academic standards adopted pursuant to division (A) of	869
section 3301.079 of the Revised Code;	870

(b) Decrease the degree of authority the building has to	871
manage its internal operations;	872

(c) Appoint an outside expert to make recommendations for	873
improving the academic performance of the building. The district	874
may request the department to establish a state intervention team	875
for this purpose pursuant to division (G) of this section.	876

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

877

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

878

(f) Reorganize the administrative structure of the building.

879

(4) For any school building that fails to make adequate	880
yearly progress for five consecutive school years, the district	881
shall continue to comply with division (E)(2) of this section and	882
shall develop a plan during the next succeeding school year to	883
improve the academic performance of the building, which shall	884
include at least one of the following options:	885

(a) Reopen the school as a community school under Chapter	886
3314. of the Revised Code;	887

(b) Replace personnel;

888

(c) Contract with a nonprofit or for-profit entity to operate	889
the building;	890

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

891

(e) Other significant restructuring of the building's	892
governance.	893

(5) For any school building that fails to make adequate	894
yearly progress for six consecutive school years, the district	895
shall continue to comply with division (E)(2) of this section and	896
shall implement the plan developed pursuant to division (E)(4) of	897
this section.	898

(6) A district shall continue to comply with division	899
(E)(1)(b) or (E)(2) of this section, whichever was most recently	900
applicable, with respect to any building formerly subject to one	901
of those divisions until the building makes adequate yearly	902
progress for two consecutive school years.	903

(F) This division applies only to school districts that fail	904
to make adequate yearly progress for two or more consecutive	905
school years.	906

(1) If a school district fails to make adequate yearly	907
progress for two consecutive school years, the district shall	908
provide a written description of the continuous improvement plan	909
developed by the district pursuant to division (B) of this section	910
to the parent or guardian of each student enrolled in the	911
district.	912

(2) If a school district fails to make adequate yearly	913
progress for three consecutive school years, the district shall	914
continue to implement the continuous improvement plan developed by	915
the district pursuant to division (B) of this section.	916

(3) If a school district fails to make adequate yearly	917
progress for four consecutive school years, the department shall	918
take at least one of the following corrective actions with respect	919
to the district:	920

(a) Withhold a portion of the funds the district is entitled	921
to receive under Title I, Part A of the "Elementary and Secondary	922
Education Act of 1965," 20 U.S.C. 6311 to 6339;	923

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

924

(c) Institute a new curriculum that is consistent with the	925
statewide academic standards adopted pursuant to division (A) of	926
section 3301.079 of the Revised Code;	927

(d) Establish alternative forms of governance for individual	928
school buildings within the district;	929

(e) Appoint a trustee to manage the district in place of the	930
district superintendent and board of education.	931

The department shall conduct individual audits of a sampling	932
of districts subject to this division to determine compliance with	933
the corrective actions taken by the department.	934

(4) If a school district fails to make adequate yearly	935
progress for five consecutive school years, the department shall	936
continue to monitor implementation of the corrective action taken	937
under division (F)(3) of this section with respect to the	938
district.	939

(5) If a school district fails to make adequate yearly	940
progress for six consecutive school years, the department shall	941
take at least one of the corrective actions identified in division	942
(F)(3) of this section with respect to the district, provided that	943
the corrective action the department takes is different from the	944
corrective action previously taken under division (F)(3) of this	945
section with respect to the district.	946

(G) The department may establish a state intervention team to	947
evaluate all aspects of a school district or building, including	948
management, curriculum, instructional methods, resource	949
allocation, and scheduling. Any such intervention team shall be	950
appointed by the department and shall include teachers and	951
administrators recognized as outstanding in their fields. The	952
intervention team shall make recommendations regarding methods for	953
improving the performance of the district or building.	954

The department shall not approve a district's request for an	955
intervention team under division (E)(3) of this section if the	956
department cannot adequately fund the work of the team, unless the	957
district agrees to pay for the expenses of the team.	958

(H) The department shall conduct individual audits of a	959
sampling of community schools established under Chapter 3314. of	960
the Revised Code to determine compliance with this section.	961

(I) The state board shall adopt rules for implementing this	962
section.	963

Sec. 3307.01.  As used in this chapter:

964

(A) "Employer" means the board of education, school district,	965
governing authority of any community school established under	966
Chapter 3314. of the Revised Code, college, university,	967
institution, or other agency within the state by which a teacher	968
is employed and paid.	969

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

970

(1) Any person paid from public funds and employed in the	971
public schools of the state under any type of contract described	972
in section 3319.08 of the Revised Code in a position for which the	973
person is required to have a license issued pursuant to sections	974
3319.22 to 3319.31 of the Revised Code;	975

(2) Any person employed as a teacher by a community school	976
pursuant to Chapter 3314. of the Revised Code;	977

(3) Any person holding an internship certificate issued under	978
section 3319.28 of the Revised Code and employed in a public	979
school in this state;	980

(4) Any person having a license issued pursuant to sections	981
3319.22 to 3319.31 of the Revised Code and employed in a public	982
school in this state in an educational position, as determined by	983
the state board of education, under programs provided for by	984
federal acts or regulations and financed in whole or in part from	985
federal funds, but for which no licensure requirements for the	986
position can be made under the provisions of such federal acts or	987
regulations;	988

(5)(4) Any other teacher or faculty member employed in any	989
school, college, university, institution, or other agency wholly	990
controlled and managed, and supported in whole or in part, by the	991
state or any political subdivision thereof, including Central	992
state university, Cleveland state university, the university of	993
Toledo, and the medical college of Ohio at Toledo;	994

(6)(5) The educational employees of the department of	995
education, as determined by the state superintendent of public	996
instruction.	997

In all cases of doubt, the state teachers retirement board	998
shall determine whether any person is a teacher, and its decision	999
shall be final.	1000

"Teacher" does not include any academic or administrative	1001
employee of a public institution of higher education, as defined	1002
in section 3305.01 of the Revised Code, who participates in an	1003
alternative retirement plan established under Chapter 3305. of the	1004
Revised Code.	1005

(C) "Member" means any person included in the membership of	1006
the state teachers retirement system, which shall consist of all	1007
teachers and contributors as defined in divisions (B) and (D) of	1008
this section and all disability benefit recipients, as defined in	1009
section 3307.50 of the Revised Code. However, for purposes of this	1010
chapter, the following persons shall not be considered members:	1011

(1) A student, intern, or resident who is not a member while	1012
employed part-time by a school, college, or university at which	1013
the student, intern, or resident is regularly attending classes;	1014

(2) A person denied membership pursuant to section 3307.24 of	1015
the Revised Code;	1016

(3) An other system retirant, as defined in section 3307.35	1017
of the Revised Code, or a superannuate;	1018

(4) An individual employed in a program established pursuant	1019
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	1020
U.S.C.A. 1501.	1021

(D) "Contributor" means any person who has an account in the	1022
teachers' savings fund or defined contribution fund.	1023

(E) "Beneficiary" means any person eligible to receive, or in	1024
receipt of, a retirement allowance or other benefit provided by	1025
this chapter.	1026

(F) "Year" means the year beginning the first day of July and	1027
ending with the thirtieth day of June next following, except that	1028
for the purpose of determining final average salary under the plan	1029
described in sections 3307.50 to 3307.79 of the Revised Code,	1030
"year" may mean the contract year.	1031

(G) "Local district pension system" means any school teachers	1032
pension fund created in any school district of the state in	1033
accordance with the laws of the state prior to September 1, 1920.	1034

(H) "Employer contribution" means the amount paid by an	1035
employer, as determined by the employer rate, including the normal	1036
and deficiency rates, contributions, and funds wherever used in	1037
this chapter.	1038

(I) "Five years of service credit" means employment covered	1039
under this chapter and employment covered under a former	1040
retirement plan operated, recognized, or endorsed by a college,	1041
institute, university, or political subdivision of this state	1042
prior to coverage under this chapter.	1043

(J) "Actuary" means the actuarial consultant to the state	1044
teachers retirement board, who shall be either of the following:	1045

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

1046

(2) A firm, partnership, or corporation of which at least one	1047
person is a member of the American academy of actuaries.	1048

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

1049

(1) Exercises any discretionary authority or control with	1050
respect to the management of the system, or with respect to the	1051
management or disposition of its assets;	1052

(2) Renders investment advice for a fee, direct or indirect,	1053
with respect to money or property of the system;	1054

(3) Has any discretionary authority or responsibility in the	1055
administration of the system.	1056

(L)(1) Except as provided in this division, "compensation"	1057
means all salary, wages, and other earnings paid to a teacher by	1058
reason of the teacher's employment, including compensation paid	1059
pursuant to a supplemental contract. The salary, wages, and other	1060
earnings shall be determined prior to determination of the amount	1061
required to be contributed to the teachers' savings fund or	1062
defined contribution fund under section 3307.26 of the Revised	1063
Code and without regard to whether any of the salary, wages, or	1064
other earnings are treated as deferred income for federal income	1065
tax purposes.	1066

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

1067

(a) Payments for accrued but unused sick leave or personal	1068
leave, including payments made under a plan established pursuant	1069
to section 124.39 of the Revised Code or any other plan	1070
established by the employer;	1071

(b) Payments made for accrued but unused vacation leave,	1072
including payments made pursuant to section 124.13 of the Revised	1073
Code or a plan established by the employer;	1074

(c) Payments made for vacation pay covering concurrent	1075
periods for which other salary, compensation, or benefits under	1076
this chapter are paid;	1077

(d) Amounts paid by the employer to provide life insurance,	1078
sickness, accident, endowment, health, medical, hospital, dental,	1079
or surgical coverage, or other insurance for the teacher or the	1080
teacher's family, or amounts paid by the employer to the teacher	1081
in lieu of providing the insurance;	1082

(e) Incidental benefits, including lodging, food, laundry,	1083
parking, or services furnished by the employer, use of the	1084
employer's property or equipment, and reimbursement for	1085
job-related expenses authorized by the employer, including moving	1086
and travel expenses and expenses related to professional	1087
development;	1088

(f) Payments made by the employer in exchange for a member's	1089
waiver of a right to receive any payment, amount, or benefit	1090
described in division (L)(2) of this section;	1091

(g) Payments by the employer for services not actually	1092
rendered;	1093

(h) Any amount paid by the employer as a retroactive increase	1094
in salary, wages, or other earnings, unless the increase is one of	1095
the following:	1096

(i) A retroactive increase paid to a member employed by a	1097
school district board of education in a position that requires a	1098
license designated for teaching and not designated for being an	1099
administrator issued under section 3319.22 of the Revised Code	1100
that is paid in accordance with uniform criteria applicable to all	1101
members employed by the board in positions requiring the licenses;	1102

(ii) A retroactive increase paid to a member employed by a	1103
school district board of education in a position that requires a	1104
license designated for being an administrator issued under section	1105
3319.22 of the Revised Code that is paid in accordance with	1106
uniform criteria applicable to all members employed by the board	1107
in positions requiring the licenses;	1108

(iii) A retroactive increase paid to a member employed by a	1109
school district board of education as a superintendent that is	1110
also paid as described in division (L)(2)(h)(i) of this section;	1111

(iv) A retroactive increase paid to a member employed by an	1112
employer other than a school district board of education in	1113
accordance with uniform criteria applicable to all members	1114
employed by the employer.	1115

(i) Payments made to or on behalf of a teacher that are in	1116
excess of the annual compensation that may be taken into account	1117
by the retirement system under division (a)(17) of section 401 of	1118
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1119
401(a)(17), as amended. For a teacher who first establishes	1120
membership before July 1, 1996, the annual compensation that may	1121
be taken into account by the retirement system shall be determined	1122
under division (d)(3) of section 13212 of the "Omnibus Budget	1123
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1124

(j) Payments made under division (B), (C), or (E) of section	1125
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1126
No. 3 of the 119th general assembly, Section 3 of Amended	1127
Substitute Senate Bill No. 164 of the 124th general assembly, or	1128
Amended Substitute House Bill No. 405 of the 124th general	1129
assembly;	1130

(k) Anything of value received by the teacher that is based	1131
on or attributable to retirement or an agreement to retire.	1132

(3) The retirement board shall determine by rule both of the	1133
following:	1134

(a) Whether particular forms of earnings are included in any	1135
of the categories enumerated in this division;	1136

(b) Whether any form of earnings not enumerated in this	1137
division is to be included in compensation.	1138

Decisions of the board made under this division shall be	1139
final.	1140

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

1141

(1) A former teacher receiving from the system a retirement	1142
allowance under section 3307.58 or 3307.59 of the Revised Code;	1143

(2) A former teacher receiving a benefit from the system	1144
under a plan established under section 3307.81 of the Revised	1145
Code, except that "superannuate" does not include a former teacher	1146
who is receiving a benefit based on disability under a plan	1147
established under section 3307.81 of the Revised Code.	1148

For purposes of sections 3307.35 and 3307.353 of the Revised	1149
Code, "superannuate" also means a former teacher receiving from	1150
the system a combined service retirement benefit paid in	1151
accordance with section 3307.57 of the Revised Code, regardless of	1152
which retirement system is paying the benefit.	1153

Sec. 3313.28.  The treasurer of a board of education, at the	1154
expiration of the treasurer's term of office, shall deliver to the	1155
treasurer's successor all books and papers in the treasurer's	1156
hands relating to the affairs of the district, including educator	1157
licenses and internship certificates, and copies thereof, and	1158
reports of school statistics, filed by teachers.	1159

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

1160

(1) "Licensed individual" means an individual who holds a	1161
valid educator license, certificate, or permit issued by the state	1162
board of education under section 3319.22, 3319.26, 3319.27, or	1163
3319.302 of the Revised Code.	1164

(2) "Nonlicensed individual" means an individual who does not	1165
hold a valid educator license, certificate, or permit issued by	1166
the state board of education under section 3319.22, 3319.26,	1167
3319.27, or 3319.302 of the Revised Code.	1168

(B) The board of education of any city, exempted village, or	1169
local school district may establish and maintain in connection	1170
with the public school systems:	1171

(A)(1) Manual training, industrial arts, domestic science,	1172
and commercial departments;	1173

(B)(2) Agricultural, industrial, vocational, and trades	1174
schools.	1175

Such board may pay from the public school funds, as other	1176
school expenses are paid, the expenses of establishing and	1177
maintaining such departments and schools and of directing,	1178
supervising, and coaching the pupil-activity programs in music,	1179
language, arts, speech, government, athletics, and any others	1180
directly related to the curriculum.	1181

(C) The board of education of any city, exempted village, or	1182
local school district may employ a nonlicensed individual to	1183
direct, supervise, or coach a pupil-activity program pursuant to	1184
rules adoptedas long as that individual holds a valid	1185
pupil-activity program permit issued by the state board of	1186
education setting forth standards to assure the individual's good	1187
moral character and competence to direct, supervise, or coach the	1188
pupil-activity programunder division (A) of section 3319.303 of	1189
the Revised Code. The state board shall also adopt rules	1190
applicable to licensed individuals, setting forth standards to	1191
assure any such individual's competence to direct, supervise, or	1192
coach a pupil-activity program and that shall not be more	1193
stringent than the standards set forth in rules applicable to	1194
nonlicensed individuals. A	1195

(D) A nonlicensed individual who meets the standards adopted	1196
by the state boardholds a valid pupil-activity program permit may	1197
be so employed under division (C) of this section only after the	1198
school district's board of education adopts a resolution stating	1199
that it has offered such position to those employees of the	1200
district who have a license issued under section 3319.22 of the	1201
Revised Codeare licensed individuals and no such employee	1202
qualified to fill the position has accepted it, and has then	1203
advertised the position as available to any licensed individual	1204
with such a license who is qualified to fill it and who is not	1205
employed by the board, and no such person has applied for and	1206
accepted the position. A nonlicensed individual so employed is a	1207
nonteaching employee and is not an educational assistant as	1208
defined in section 3319.088 of the Revised Code. As used in this	1209
paragraphdivision and division (C) of this section,	1210
pupil-activity program does not include any class or course	1211
required or offered for credit toward a pupil's promotion to the	1212
next grade or for graduation, or any activity conducted as a part	1213
of or required for such a class or course. A nonlicensed	1214
individual employed under this section may perform only the duties	1215
of the director, supervisor, or coach of the pupil-activity	1216
program for which the nonlicensed individual is employed.	1217

The board shall fix the compensation of the nonlicensed	1218
individual so employed, which shall be the same amount as the	1219
position was offered to the district's licensed employees, and	1220
execute a written contract with the nonlicensed individual for a	1221
term not to exceed one year. The contract shall specify the	1222
compensation, duration, and other terms of employment, and the	1223
compensation shall not be reduced unless such reduction is a part	1224
of a uniform plan affecting the entire district. No	1225

If the state board suspends, revokes, or limits the	1226
pupil-activity program permit of a nonlicensed individual, the	1227
school district board may terminate or suspend the employment	1228
contract of that individual. Otherwise, no contract issued under	1229
this section shall be terminated or suspended except pursuant to	1230
the procedure established by division (C) of section 3319.081 of	1231
the Revised Code.	1232

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

1233

(1) "Drug prescribed by a physician" means a drug described,	1234
as defined in section 4729.01 of the Revised Code, that is to be	1235
administered pursuant to the instructions of the prescribing	1236
physicianprescriber, whether or not required by law to be sold	1237
only upon a prescription.	1238

(2) "Federal law" means the "Education For All Handicapped	1239
ChildrenIndividuals with Disabilities Education Act of 1975	1240
1997," 89111 Stat. 77537, 20 U.S.C. 14011400, as amended.	1241

(3) "Prescriber" has the same meaning as in section 4729.01	1242
of the Revised Code.	1243

(B) The board of education of each city, local, exempted	1244
village, and joint vocational school district, shall, not later	1245
than one hundred twenty days after the effective date of this	1246
sectionSeptember 20, 1984, adopt a policy on the authority of its	1247
employees, when acting in situations other than those governed by	1248
sections 2305.23, 2305.231, and 3313.712 of the Revised Code, to	1249
administer drugs prescribed by physicians to students enrolled in	1250
the schools of the district. The policy shall provide either that:	1251

(1) Except as otherwise required by federal law, no person	1252
employed by the board shall, in the course of such employment,	1253
administer any drug prescribed by a physician to any student	1254
enrolled in the schools of the district.	1255

(2) Designated persons employed by the board are authorized	1256
to administer to a student a drug prescribed by a physician for	1257
the student. Except as otherwise provided by federal law, the	1258
board's policy may provide that certain drugs or types of drugs	1259
shall not be administered or that no employee, or no employee	1260
without appropriate training, shall use certain procedures, such	1261
as injection, to administer a drug to a student.	1262

(C) No drug prescribed by a physician for a student shall be	1263
administered pursuant to federal law or a policy adopted under	1264
division (B) of this section until the following occur:	1265

(1) The board, or a person designated by the board, receives	1266
a written request, signed by the parent, guardian, or other person	1267
having care or charge of the student, that the drug be	1268
administered to the student.	1269

(2) The board, or a person designated by the board, receives	1270
a statement, signed by the physician who prescribed the drug	1271
prescriber, that includes all of the following information:	1272

(a) The name and address of the student;

1273

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

1274

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

1275

(d) The times or intervals at which each dosage of the drug	1276
is to be administered;	1277

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

1278

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

1279

(g) Any severe adverse reactions that should be reported to	1280
the physicianprescriber and one or more phone numbers at which	1281
the physicianprescriber can be reached in an emergency;	1282

(h) Special instructions for administration of the drug,	1283
including sterile conditions and storage.	1284

(3) The parent, guardian, or other person having care or	1285
charge of the student agrees to submit a revised statement signed	1286
by the physician who prescribed the drugprescriber to the board	1287
or a person designated by the board if any of the information	1288
provided by the physicianprescriber pursuant to division (C)(2)	1289
of this section changes.	1290

(4) The person authorized by the board to administer the drug	1291
receives a copy of the statement required by division (C)(2) or	1292
(3) of this section.	1293

(5) The drug is received by the person authorized to	1294
administer the drug to the student for whom the drug is prescribed	1295
in the container in which it was dispensed by the prescribing	1296
physicianprescriber or a licensed pharmacist.	1297

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

1298

(D) If a drug prescribed by a physician is administered to a	1299
student, the board of education shall acquire and retain copies of	1300
the written requests required by division (C)(1) and the	1301
statements required by divisions (C)(2) and (3) of this section	1302
and shall ensure that by the next school day following the receipt	1303
of any such statement a copy is given to the person authorized to	1304
administer drugs to the student for whom the statement has been	1305
received. The board, or a person designated by the board, shall	1306
establish a location in each school building for the storage of	1307
drugs to be administered under this section and federal law. All	1308
such drugs shall be stored in that location in a locked storage	1309
place, except that drugs that require refrigeration may be kept in	1310
a refrigerator in a place not commonly used by students.	1311

(E) No person who has been authorized by a board of education	1312
to administer a drug and has a copy of the most recent statement	1313
required by division (C)(2) or (3) of this section given to the	1314
person in accordance with division (D) of this section prior to	1315
administering the drug is liable in civil damages for	1316
administering or failing to administer the drug, unless such	1317
person acts in a manner that constitutes gross negligence or	1318
wanton or reckless misconduct.	1319

(F) Whenever aA board of education is required tomay	1320
designate a person or persons to perform any function or functions	1321
in connection with a drug policy adopted under this section, the	1322
board may designate such persons either by name or by position,	1323
training, qualifications, or similar distinguishing factors.	1324

Nothing in this section shall be construed to require a	1325
person employed by a board of education to administer a drug to a	1326
student unless the board's policy adopted in compliance with this	1327
section establishes such a requirement. A board shall not require	1328
an employee to administer a drug to a student if the employee	1329
objects, on the basis of religious convictions, to administering	1330
the drug.	1331

A policy adopted by a board of education pursuant to this	1332
section may be changed, modified, or revised by action of the	1333
board.	1334

Nothing in this section affects the application of section	1335
2305.23, 2305.231, or 3313.712 of the Revised Code to the	1336
administration of emergency care or treatment to a student.	1337

Sec. 12.        Sec. 3314.021. (A) This section applies to any entity that	1338
is exempt from taxation under Sectionsection 501(c)(3) of the	1339
Internal Revenue Code and that satisfies the conditions specified	1340
in divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	1341
Revised Code but does not satisfy the condition specified in	1342
division (C)(1)(f)(i) of that section.	1343

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	1344
of the Revised Code, an entity described in division (A) of this	1345
section may succeeddo both of the following without obtaining the	1346
department of education's approval of its sponsorship under	1347
division (B)(1) of section 3314.015 of the Revised Code:	1348

(1) Succeed the board of trustees of a state university	1349
located in the Pilot Project Areapilot project area or that	1350
board's designee as the sponsor of a community school established	1351
under Chapter 3314. of the Revised Code, and maythis chapter;	1352

(2) Continue to sponsor suchthat school for the remainder of	1353
in conformance with the termterms of the contract between the	1354
board of trustees or its designee and the governing authority of	1355
the community school and may renew that contract as provided in	1356
division (E) of section 3314.03 of the Revised Code. Such	1357

(C) The entity that succeeds the board of trustees or the	1358
board's designee as sponsor of a community school under division	1359
(B) of this section also may enter into new contracts to sponsor	1360
additionalother community schools located in any challenged	1361
school district, without obtaining the department's approval of	1362
its sponsorship under division (B)(1) of section 3314.015 of the	1363
Revised Code, subject to the restriction of the paragraph	1364
following division (C)(1)(f)(iii) of section 3314.02 of the	1365
Revised Code and as long as it satisfiesthe contracts conform	1366
with and the entity complies with all theother requirements of	1367
Chapter 3314. of the Revised Code except for the requirement	1368
prescribed in division (C)(1)(f)(i) of section 3314.02 of the	1369
Revised Codethis chapter.	1370

Sec. 3314.034. (A) No internet- or computer-based community	1371
school shall enter into a contract with a nonpublic school to use	1372
or rent any facility space at the nonpublic school for the	1373
provision of instructional services to students enrolled in the	1374
internet- or computer-based community school.	1375

(B) If, on the effective date of this section, an internet-	1376
or computer-based community school has a contract with a nonpublic	1377
school as described in division (A) of this section, the	1378
department of education shall not make any payments under section	1379
3314.08 of the Revised Code to the internet- or computer-based	1380
community school for any student who is enrolled in the internet-	1381
or computer-based community school and receives any instructional	1382
services from the internet- or computer-based community school at	1383
the nonpublic school.	1384

Sec. 3318.031. (A) The Ohio school facilities commission	1385
shall consider student and staff safety and health when reviewing	1386
design plans for classroom facility construction projects proposed	1387
under this chapter. After consulting with appropriate education,	1388
health, and law enforcement personnel, the commission may require	1389
as a condition of project approval under either section 3318.03 or	1390
division (B)(1) of section 3318.41 of the Revised Code such	1391
changes in the design plans as the commission believes will	1392
advance or improve student and staff safety and health in the	1393
proposed classroom facility.	1394

To carry out its duties under this sectiondivision, the	1395
commission shall review and, if necessary, amend any construction	1396
and design standards used in its project approval process,	1397
including standards for location and number of exits, standards	1398
for lead safety in classroom facilities constructed before 1978 in	1399
which services are provided to children under six years of age,	1400
and location of restrooms, with a focus on advancing student and	1401
staff safety and health.	1402

(B) When reviewing design standards for classroom facility	1403
construction projects proposed under this chapter, the commission	1404
shall also consider the extent to which the design standards	1405
support the following:	1406

(1) Support and facilitation of smaller classes and the trend	1407
toward smaller schools;	1408

(2) Provision of sufficient space for training new teachers	1409
and promotion of collaboration among teaching candidates,	1410
experienced teachers, and teacher educators;	1411

(3) Provision of adequate space for teacher planning and	1412
collaboration;	1413

(4) Provision of adequate space for parent involvement	1414
activities;	1415

(5) Provision of sufficient space for innovative partnerships	1416
between schools and health and social service agencies.	1417

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

1418

(1) "Core subject area" means reading and English language	1419
arts, mathematics, science, foreign language, government,	1420
economics, fine arts, history, and geography.	1421

(2) "Fully licensed" means having successfully completed all	1422
requirements for an educator license commensurate with years of	1423
teaching experience pursuant to section 3319.22 of the Revised	1424
Code and not having had any such requirements waived on an	1425
emergency, temporary, or provisional basis.	1426

(3) "Highly qualified teacher" means a classroom teacher who	1427
satisfies all of the following conditions:	1428

(a) Holds a baccalaureate degree;

1429

(b) Is fully licensed or is participating in an alternative	1430
route to licensure in which the teacher receives professional	1431
development and mentoring, teaches for not longer than three	1432
years, and demonstrates satisfactory progress toward becoming	1433
fully licensed;	1434

(c) If teaching in grades kindergarten through six, satisfies	1435
at least one of the following:	1436

(i) Passage of an assessment of subject matter content and	1437
professional knowledge required for licensure;	1438

(ii) Successful completion of a graduate degree or advanced	1439
certification in the teaching assignment;	1440

(iii) Achievement of one hundred points on the Ohio highly	1441
qualified teacher rubric developed by the Ohio department of	1442
education;	1443

(iv) Completion of an individual professional development	1444
program approved by the applicable local professional development	1445
committee that includes ninety hours of high quality professional	1446
development incorporating grade appropriate academic subject	1447
matter knowledge, teaching skills, and state academic content	1448
standards.	1449

(d) If teaching in grades seven through twelve, satisfies at	1450
least one of the following:	1451

(i) Passage of an assessment of subject matter content	1452
required for licensure;	1453

(ii) Successful completion of either an undergraduate	1454
academic major, coursework equivalent to such major, a graduate	1455
degree, or advanced certification in each subject area in which	1456
the teacher provides instruction;	1457

(iii) Achievement of one hundred points on the Ohio highly	1458
qualified teacher rubric developed by the department;	1459

(iv) Completion of an individual professional development	1460
program approved by the applicable local professional development	1461
committee that includes ninety hours of high quality professional	1462
development incorporating grade appropriate academic subject	1463
matter knowledge, teaching skills, and state academic content	1464
standards.	1465

(B) No city, exempted village, local, joint vocational, or	1466
cooperative education school district shall employ any classroom	1467
teacher hired after July 1, 2002, to provide instruction in a core	1468
subject area to any student enrolled in a school that receives	1469
funds under Title I, Part A of the "Elementary and Secondary	1470
Education Act of 1965," 115 Stat. 1425, 20 U.S.C. 6301 et seq.,	1471
unless such teacher is a highly qualified teacher.	1472

(C) Each school district annually shall notify through a	1473
school wide publication the parent or guardian of each student	1474
enrolled in a school that receives funds under Title I, Part A of	1475
the "Elementary and Secondary Education Act of 1965," 115 Stat.	1476
1425, 20 U.S.C. 6301 et seq., that the parent or guardian may	1477
request information on the professional qualifications of each	1478
classroom teacher who provides instruction to the parent's or	1479
guardian's child. The district shall provide the information on	1480
each applicable teacher to any parent or guardian who requests it.	1481
Such information shall include all of the following:	1482

(1) Whether the teacher has satisfied all requirements for	1483
licensure adopted by the state board of education pursuant to	1484
section 3319.22 of the Revised Code for the grade levels and	1485
subject areas in which the teacher provides instruction or whether	1486
the teacher provides instruction under a waiver of any such	1487
requirements;	1488

(2) The major subject area in which the teacher was awarded a	1489
baccalaureate degree and, if applicable, any other degrees or	1490
certification;	1491

(3) Whether a paraprofessional provides any services to the	1492
student and, if so, the qualifications of the paraprofessional.	1493

Sec. 3319.075. Once the state board of education adopts	1494
professional development standards pursuant to section 3319.61 of	1495
the Revised Code, the board of education of each school district	1496
shall use the standards for the following purposes:	1497

(A) To guide the design of teacher education programs serving	1498
both teacher candidates and experienced teachers;	1499

(B) To guide school-based professional development that is	1500
aligned with student achievement;	1501

(C) To determine what types of professional development the	1502
school district and the schools within the district should	1503
provide;	1504

(D) To guide how state and federal funding for professional	1505
development should be spent;	1506

(E) To develop criteria for decision making by the local	1507
professional development committees established under section	1508
3319.22 of the Revised Code;	1509

(F) To guide the school district in the hiring of third-party	1510
providers of instructional services who use or meet the	1511
professional development standards;	1512

(G) To guide all licensed school personnel in developing	1513
their own plans for professional growth.	1514

Sec. 3319.09.  As used in sections 3319.08 to 3319.18,	1515
inclusive, of the Revised Code:	1516

(A) "Teacher" means all persons licensed to teach and who are	1517
employed in the public schools of this state as instructors,	1518
principals, supervisors, superintendents, or in any other	1519
educational position for which the state board of education	1520
requires licensure under sections 3319.22 to 3319.31 of the	1521
Revised Code including persons holding an internship certificate	1522
issued under section 3319.28 of the Revised Code and persons	1523
having a license issued pursuant to sections 3319.22 to 3319.31 of	1524
the Revised Code and employed in an educational position, as	1525
determined by the state board of education, under programs	1526
provided for by federal acts or regulations and financed in whole	1527
or in part from federal funds, but for which no licensure	1528
requirements for the position can be made under the provisions of	1529
such federal acts or regulations.	1530

(B) "Year" as applied to term of service means actual service	1531
of not less than one hundred twenty days within a school year;	1532
provided that any board of education may grant a leave of absence	1533
for professional advancement with full credit for service.	1534

(C) "Continuing service status" for a teacher means	1535
employment under a continuing contract.	1536

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

1537

(1) "Evaluation procedures" means the procedures adopted	1538
pursuant to division (B) of section 3319.111 of the Revised Code.	1539

(2) "Limited contract" means a limited contract, as described	1540
in section 3319.08 of the Revised Code, that a school district	1541
board of education or governing board of an educational service	1542
center enters into with a teacher who is not eligible for	1543
continuing service status.	1544

(3) "Extended limited contract" means a limited contract, as	1545
described in section 3319.08 of the Revised Code, that a board of	1546
education or governing board enters into with a teacher who is	1547
eligible for continuing service status.	1548

(B) Teachers eligible for continuing service status in any	1549
city, exempted village, local, or joint vocational school district	1550
or educational service center shall be those teachers qualified as	1551
described in division (B)(1) or (2) of section 3319.08 of the	1552
Revised Code, who within the last five years have taught for at	1553
least three years in the district or center, and those teachers	1554
who, having attained continuing contract status elsewhere, have	1555
served two years in the district or center, but the board, upon	1556
the recommendation of the superintendent, may at the time of	1557
employment or at any time within such two-year period, declare any	1558
of the latter teachers eligible.	1559

(1) Upon the recommendation of the superintendent that a	1560
teacher eligible for continuing service status be reemployed, a	1561
continuing contract shall be entered into between the board and	1562
the teacher unless the board by a three-fourths vote of its full	1563
membership rejects the recommendation of the superintendent. If	1564
the board rejects by a three-fourths vote of its full membership	1565
the recommendation of the superintendent that a teacher eligible	1566
for continuing service status be reemployed and the superintendent	1567
makes no recommendation to the board pursuant to division (C) of	1568
this section, the board may declare its intention not to reemploy	1569
the teacher by giving the teacher written notice on or before the	1570
thirtieth day of April of its intention not to reemploy the	1571
teacher. If evaluation procedures have not been complied with	1572
pursuant to division (A) of section 3319.111 of the Revised Code	1573
or the board does not give the teacher written notice on or before	1574
the thirtieth day of April of its intention not to reemploy the	1575
teacher, the teacher is deemed reemployed under an extended	1576
limited contract for a term not to exceed one year at the same	1577
salary plus any increment provided by the salary schedule. The	1578
teacher is presumed to have accepted employment under the extended	1579
limited contract for a term not to exceed one year unless such	1580
teacher notifies the board in writing to the contrary on or before	1581
the first day of June, and an extended limited contract for a term	1582
not to exceed one year shall be executed accordingly. Upon any	1583
subsequent reemployment of the teacher only a continuing contract	1584
may be entered into.	1585

(2) If the superintendent recommends that a teacher eligible	1586
for continuing service status not be reemployed, the board may	1587
declare its intention not to reemploy the teacher by giving the	1588
teacher written notice on or before the thirtieth day of April of	1589
its intention not to reemploy the teacher. If evaluation	1590
procedures have not been complied with pursuant to division (A) of	1591
section 3319.111 of the Revised Code or the board does not give	1592
the teacher written notice on or before the thirtieth day of April	1593
of its intention not to reemploy the teacher, the teacher is	1594
deemed reemployed under an extended limited contract for a term	1595
not to exceed one year at the same salary plus any increment	1596
provided by the salary schedule. The teacher is presumed to have	1597
accepted employment under the extended limited contract for a term	1598
not to exceed one year unless such teacher notifies the board in	1599
writing to the contrary on or before the first day of June, and an	1600
extended limited contract for a term not to exceed one year shall	1601
be executed accordingly. Upon any subsequent reemployment of a	1602
teacher only a continuing contract may be entered into.	1603

(3) Any teacher receiving written notice of the intention of	1604
a board not to reemploy such teacher pursuant to this division is	1605
entitled to the hearing provisions of division (G) of this	1606
section.	1607

(C)(1) If a board rejects the recommendation of the	1608
superintendent for reemployment of a teacher pursuant to division	1609
(B)(1) of this section, the superintendent may recommend	1610
reemployment of the teacher, if continuing service status has not	1611
previously been attained elsewhere, under an extended limited	1612
contract for a term not to exceed two years, provided that written	1613
notice of the superintendent's intention to make such	1614
recommendation has been given to the teacher with reasons directed	1615
at the professional improvement of the teacher on or before the	1616
thirtieth day of April. Upon subsequent reemployment of the	1617
teacher only a continuing contract may be entered into.	1618

(2) If a board of education takes affirmative action on a	1619
superintendent's recommendation, made pursuant to division (C)(1)	1620
of this section, of an extended limited contract for a term not to	1621
exceed two years but the board does not give the teacher written	1622
notice of its affirmative action on the superintendent's	1623
recommendation of an extended limited contract on or before the	1624
thirtieth day of April, the teacher is deemed reemployed under a	1625
continuing contract at the same salary plus any increment provided	1626
by the salary schedule. The teacher is presumed to have accepted	1627
employment under such continuing contract unless such teacher	1628
notifies the board in writing to the contrary on or before the	1629
first day of June, and a continuing contract shall be executed	1630
accordingly.	1631

(3) A board shall not reject a superintendent's	1632
recommendation, made pursuant to division (C)(1) of this section,	1633
of an extended limited contract for a term not to exceed two years	1634
except by a three-fourths vote of its full membership. If a board	1635
rejects by a three-fourths vote of its full membership the	1636
recommendation of the superintendent of an extended limited	1637
contract for a term not to exceed two years, the board may declare	1638
its intention not to reemploy the teacher by giving the teacher	1639
written notice on or before the thirtieth day of April of its	1640
intention not to reemploy the teacher. If evaluation procedures	1641
have not been complied with pursuant to division (A) of section	1642
3319.111 of the Revised Code or if the board does not give the	1643
teacher written notice on or before the thirtieth day of April of	1644
its intention not to reemploy himthe teacher, the teacher is	1645
deemed reemployed under an extended limited contract for a term	1646
not to exceed one year at the same salary plus any increment	1647
provided by the salary schedule. The teacher is presumed to have	1648
accepted employment under the extended limited contract for a term	1649
not to exceed one year unless such teacher notifies the board in	1650
writing to the contrary on or before the first day of June, and an	1651
extended limited contract for a term not to exceed one year shall	1652
be executed accordingly. Upon any subsequent reemployment of the	1653
teacher only a continuing contract may be entered into.	1654

Any teacher receiving written notice of the intention of a	1655
board not to reemploy such teacher pursuant to this division is	1656
entitled to the hearing provisions of division (G) of this	1657
section.	1658

(D) A teacher eligible for continuing contract status	1659
employed under an extended limited contract pursuant to division	1660
(B) or (C) of this section, is, at the expiration of such extended	1661
limited contract, deemed reemployed under a continuing contract at	1662
the same salary plus any increment granted by the salary schedule,	1663
unless evaluation procedures have been complied with pursuant to	1664
division (A) of section 3319.111 of the Revised Code and the	1665
employing board, acting on the superintendent's recommendation	1666
that the teacher not be reemployed, gives the teacher written	1667
notice on or before the thirtieth day of April of its intention	1668
not to reemploy such teacher. A teacher who does not have	1669
evaluation procedures applied in compliance with division (A) of	1670
section 3319.111 of the Revised Code or who does not receive	1671
notice on or before the thirtieth day of April of the intention of	1672
the board not to reemploy such teacher is presumed to have	1673
accepted employment under a continuing contract unless such	1674
teacher notifies the board in writing to the contrary on or before	1675
the first day of June, and a continuing contract shall be executed	1676
accordingly.	1677

Any teacher receiving a written notice of the intention of a	1678
board not to reemploy such teacher pursuant to this division is	1679
entitled to the hearing provisions of division (G) of this	1680
section.	1681

(E) A limited contract may be entered into by each board with	1682
each teacher who has not been in the employ of the board for at	1683
least three years and shall be entered into, regardless of length	1684
of previous employment, with each teacher employed by the board	1685
who holds a provisional, temporary, or associate license or an	1686
internship certificate, or who holds a professional license and is	1687
not eligible to be considered for a continuing contract.	1688

Any teacher employed under a limited contract, and not	1689
eligible to be considered for a continuing contract, is, at the	1690
expiration of such limited contract, considered reemployed under	1691
the provisions of this division at the same salary plus any	1692
increment provided by the salary schedule unless evaluation	1693
procedures have been complied with pursuant to division (A) of	1694
section 3319.111 of the Revised Code and the employing board,	1695
acting upon the superintendent's written recommendation that the	1696
teacher not be reemployed, gives such teacher written notice of	1697
its intention not to reemploy such teacher on or before the	1698
thirtieth day of April. A teacher who does not have evaluation	1699
procedures applied in compliance with division (A) of section	1700
3319.111 of the Revised Code or who does not receive notice of the	1701
intention of the board not to reemploy such teacher on or before	1702
the thirtieth day of April is presumed to have accepted such	1703
employment unless such teacher notifies the board in writing to	1704
the contrary on or before the first day of June, and a written	1705
contract for the succeeding school year shall be executed	1706
accordingly.	1707

Any teacher receiving a written notice of the intention of a	1708
board not to reemploy such teacher pursuant to this division is	1709
entitled to the hearing provisions of division (G) of this	1710
section.	1711

(F) The failure of a superintendent to make a recommendation	1712
to the board under any of the conditions set forth in divisions	1713
(B) to (E) of this section, or the failure of the board to give	1714
such teacher a written notice pursuant to divisions (C) to (E) of	1715
this section shall not prejudice or prevent a teacher from being	1716
deemed reemployed under either a limited or continuing contract as	1717
the case may be under the provisions of this section. A failure of	1718
the parties to execute a written contract shall not void any	1719
automatic reemployment provisions of this section.	1720

(G)(1) Any teacher receiving written notice of the intention	1721
of a board of education not to reemploy such teacher pursuant to	1722
division (B), (C)(3), (D), or (E) of this section may, within ten	1723
days of the date of receipt of the notice, file with the treasurer	1724
of the board a written demand for a written statement describing	1725
the circumstances that led to the board's intention not to	1726
reemploy the teacher.	1727

(2) The treasurer of a board, on behalf of the board, shall,	1728
within ten days of the date of receipt of a written demand for a	1729
written statement pursuant to division (G)(1) of this section,	1730
provide to the teacher a written statement describing the	1731
circumstances that led to the board's intention not to reemploy	1732
the teacher.	1733

(3) Any teacher receiving a written statement describing the	1734
circumstances that led to the board's intention not to reemploy	1735
the teacher pursuant to division (G)(2) of this section may,	1736
within five days of the date of receipt of the statement, file	1737
with the treasurer of the board a written demand for a hearing	1738
before the board pursuant to divisions (G)(4) to (6) of this	1739
section.	1740

(4) The treasurer of a board, on behalf of the board, shall,	1741
within ten days of the date of receipt of a written demand for a	1742
hearing pursuant to division (G)(3) of this section, provide to	1743
the teacher a written notice setting forth the time, date, and	1744
place of the hearing. The board shall schedule and conclude the	1745
hearing within forty days of the date on which the treasurer of	1746
the board receives a written demand for a hearing pursuant to	1747
division (G)(3) of this section.	1748

(5) Any hearing conducted pursuant to this division shall be	1749
conducted by a majority of the members of the board. The hearing	1750
shall be held in executive session of the board unless the board	1751
and the teacher agree to hold the hearing in public. The	1752
superintendent, assistant superintendent, the teacher, and any	1753
person designated by either party to take a record of the hearing	1754
may be present at the hearing. The board may be represented by	1755
counsel and the teacher may be represented by counsel or a	1756
designee. A record of the hearing may be taken by either party at	1757
the expense of the party taking the record.	1758

(6) Within ten days of the conclusion of a hearing conducted	1759
pursuant to this division, the board shall issue to the teacher a	1760
written decision containing an order affirming the intention of	1761
the board not to reemploy the teacher reported in the notice given	1762
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	1763
this section or an order vacating the intention not to reemploy	1764
and expunging any record of the intention, notice of the	1765
intention, and the hearing conducted pursuant to this division.	1766

(7) A teacher may appeal an order affirming the intention of	1767
the board not to reemploy the teacher to the court of common pleas	1768
of the county in which the largest portion of the territory of the	1769
school district or service center is located, within thirty days	1770
of the date on which the teacher receives the written decision, on	1771
the grounds that the board has not complied with section 3319.11	1772
or 3319.111 of the Revised Code.	1773

Notwithstanding section 2506.04 of the Revised Code, the	1774
court in an appeal under this division is limited to the	1775
determination of procedural errors and to ordering the correction	1776
of procedural errors and shall have no jurisdiction to order a	1777
board to reemploy a teacher, except that the court may order a	1778
board to reemploy a teacher in compliance with the requirements of	1779
division (B), (C)(3), (D), or (E) of this section when the court	1780
determines that evaluation procedures have not been complied with	1781
pursuant to division (A) of section 3319.111 of the Revised Code	1782
or the board has not given the teacher written notice on or before	1783
the thirtieth day of April of its intention not to reemploy the	1784
teacher pursuant to division (B), (C)(3), (D), or (E) of this	1785
section. Otherwise, the determination whether to reemploy or not	1786
reemploy a teacher is solely a board's determination and not a	1787
proper subject of judicial review and, except as provided in this	1788
division, no decision of a board whether to reemploy or not	1789
reemploy a teacher shall be invalidated by the court on any basis,	1790
including that the decision was not warranted by the results of	1791
any evaluation or was not warranted by any statement given	1792
pursuant to division (G)(2) of this section.	1793

No appeal of an order of a board may be made except as	1794
specified in this division.	1795

(H)(1) In giving a teacher any notice required by division	1796
(B), (C), (D), or (E) of this section, the board or the	1797
superintendent shall do either of the following:	1798

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

1799

(b) Deliver the notice by certified mail, return receipt	1800
requested, addressed to the teacher at the teacher's place of	1801
employment and deliver a copy of the notice by certified mail,	1802
return receipt requested, addressed to the teacher at the	1803
teacher's place of residence.	1804

(2) In giving a board any notice required by division (B),	1805
(C), (D), or (E) of this section, the teacher shall do either of	1806
the following:	1807

(a) Deliver the notice by personal delivery to the office of	1808
the superintendent during regular business hours;	1809

(b) Deliver the notice by certified mail, return receipt	1810
requested, addressed to the office of the superintendent and	1811
deliver a copy of the notice by certified mail, return receipt	1812
requested, addressed to the president of the board at the	1813
president's place of residence.	1814

(3) When any notice and copy of the notice are mailed	1815
pursuant to division (H)(1)(b) or (2)(b) of this section, the	1816
notice or copy of the notice with the earlier date of receipt	1817
shall constitute the notice for the purposes of division (B), (C),	1818
(D), or (E) of this section.	1819

(I) The provisions of this section shall not apply to any	1820
supplemental written contracts entered into pursuant to section	1821
3319.08 of the Revised Code.	1822

Sec. 3319.111.  (A) Any board of education that has entered	1823
into any limited contract or extended limited contract with a	1824
teacher pursuant to section 3319.11 of the Revised Code, except	1825
with a teacher who holds an internship certificate granted under	1826
division (A) of section 3319.28 of the Revised Code, shall	1827
evaluate such a teacher in compliance with the requirements of	1828
this section in any school year in which the board may wish to	1829
declare its intention not to re-employ the teacher pursuant to	1830
division (B), (C)(3), (D), or (E) of section 3319.11 of the	1831
Revised Code.	1832

This evaluation shall be conducted at least twice in the	1833
school year in which the board may wish to declare its intention	1834
not to re-employ the teacher. One evaluation shall be conducted	1835
and completed not later than the fifteenth day of January and the	1836
teacher being evaluated shall receive a written report of the	1837
results of this evaluation not later than the twenty-fifth day of	1838
January. One evaluation shall be conducted and completed between	1839
the tenth day of February and the first day of April and the	1840
teacher being evaluated shall receive a written report of the	1841
results of this evaluation not later than the tenth day of April.	1842

Any evaluation conducted pursuant to this section shall be	1843
conducted by one or more of the following:	1844

(1) A person who is under contract with a board of education	1845
pursuant to section 3319.01 or 3319.02 of the Revised Code and	1846
holds a license designated for being a superintendent, assistant	1847
superintendent, or principal issued under section 3319.22 of the	1848
Revised Code;	1849

(2) A person who is under contract with a board of education	1850
pursuant to section 3319.02 of the Revised Code and holds a	1851
license designated for being a vocational director or a supervisor	1852
in any educational area issued under section 3319.22 of the	1853
Revised Code;	1854

(3) A person designated to conduct evaluations under an	1855
agreement providing for peer review entered into by a board of	1856
education and representatives of teachers employed by that board.	1857

(B) Any board of education evaluating a teacher pursuant to	1858
this section shall adopt evaluation procedures that shall be	1859
applied each time a teacher is evaluated pursuant to this section.	1860
These evaluation procedures shall include, but not be limited to:	1861

(1) Criteria of expected job performance in the areas of	1862
responsibility assigned to the teacher being evaluated;	1863

(2) Observation of the teacher being evaluated by the person	1864
conducting the evaluation on at least two occasions for not less	1865
than thirty minutes on each occasion;	1866

(3) A written report of the results of the evaluation that	1867
includes specific recommendations regarding any improvements	1868
needed in the performance of the teacher being evaluated and	1869
regarding the means by which the teacher may obtain assistance in	1870
making such improvements.	1871

(C) This section does not apply to teachers subject to	1872
evaluation procedures under sections 3319.01 and 3319.02 of the	1873
Revised Code or to any teacher employed as a substitute for less	1874
than one hundred twenty days during a school year pursuant to	1875
section 3319.10 of the Revised Code.	1876

Sec. 3319.112. (A) The state board of education, in	1877
consultation with the Ohio board of regents, shall establish	1878
guidelines for the evaluation of teachers and principals. The	1879
guidelines shall include the following principles:	1880

(1) A school district should evaluate the performance of	1881
teachers on a regular basis.	1882

(2) The evaluation system adopted by a school district should	1883
be fair, credible, and evidence-based and should use multiple	1884
measures of a teacher or principal's use of knowledge and skills	1885
and of students' academic progress.	1886

(3) The evaluation system adopted by a school district should	1887
be aligned with the standards for teachers and principals adopted	1888
pursuant to section 3319.61 of the Revised Code.	1889

(4) The evaluation system adopted by a school district should	1890
provide clear statements of expectation for professional	1891
performance.	1892

(5) The evaluation of a teacher or principal should suggest	1893
professional development that will enhance future performance in	1894
areas that do not meet expected performance levels.	1895

(6) The criteria included in a school district's evaluation	1896
system should be reviewed on a regular basis and revised as	1897
necessary to ensure effectiveness over time.	1898

(7) The evaluation system adopted by a school district should	1899
address the extent to which a teacher or principal exhibits	1900
cultural competency as defined pursuant to section 3319.61 of the	1901
Revised Code.	1902

(B) Once the state board has established the guidelines, the	1903
state board shall inform school districts of the contents of the	1904
guidelines. All school districts may use the guidelines in	1905
creating or modifying evaluation systems.	1906

(C) To assist school districts that modify evaluation systems	1907
to better reflect a standards-based method, the department of	1908
education shall do both of the following:	1909

(1) Serve as a clearinghouse of promising evaluation	1910
procedures and evaluation models that school districts may use;	1911

(2) Provide technical assistance to school districts that	1912
request assistance in modifying evaluation systems.	1913

Sec. 3319.22.  (A)(1) The state board of education shall	1914
adopt rules establishing the standards and requirements for	1915
obtaining temporary, associate, provisional, and professional	1916
educator licenses of any categories, types, and levels the board	1917
elects to provide. However, no educator license shall be required	1918
for teaching children two years old or younger.	1919

(2) If the state board requires any examinations for educator	1920
licensure, the department of education shall provide the results	1921
of such examinations received by the department to the Ohio board	1922
of regents, in the manner and to the extent permitted by state and	1923
federal law.	1924

(B) Any rules the state board of education adopts, amends, or	1925
rescinds for educator licenses under this section, division (D) of	1926
section 3301.07 of the Revised Code, or any other law shall be	1927
adopted, amended, or rescinded under Chapter 119. of the Revised	1928
Code except as follows:	1929

(1) Notwithstanding division (D) of section 119.03 and	1930
division (A)(1) of section 119.04 of the Revised Code, the	1931
effective datein the case of the adoption of any rules,rule or	1932
the amendment or rescission of any rules,rule that necessitates	1933
institutions' offering teacher preparation programs that are	1934
approved by the state board of education under section 3319.23 of	1935
the Revised Code to revise the curriculum of those programs, the	1936
effective date shall not be as prescribed in division (D) of	1937
section 119.03 and division (A)(1) of section 119.04 of the	1938
Revised Code. Instead, the effective date of such rules, or the	1939
amendment or rescission of such rules, shall be the date	1940
prescribed by section 3319.23 of the Revised Code.	1941

(2) Notwithstanding the authority to adopt, amend, or rescind	1942
emergency rules in division (F) of section 119.03 of the Revised	1943
Code, this authority shall not apply to the state board of	1944
education with regard to rules for educator licenses.	1945

(C)(1) The rules adopted under this section establishing	1946
standards requiring additional coursework for the renewal of any	1947
educator license shall require a school district and a chartered	1948
nonpublic school to establish local professional development	1949
committees. In a nonpublic school, the chief administrative	1950
officer shall establish the committees in any manner acceptable to	1951
such officer. The committees established under this division shall	1952
determine whether coursework that a district or chartered	1953
nonpublic school teacher proposes to complete meets the	1954
requirement of the rules. The department of education shall	1955
provide technical assistance and support to committees as the	1956
committees incorporate the professional development standards	1957
adopted by the state board of education pursuant to section	1958
3319.61 of the Revised Code into their review of coursework that	1959
is appropriate for license renewal. The rules shall establish a	1960
procedure by which a teacher may appeal the decision of a local	1961
professional development committee.	1962

(2) In any school district in which there is no exclusive	1963
representative established under Chapter 4117. of the Revised	1964
Code, the professional development committees shall be established	1965
as described in division (C)(2) of this section.	1966

Not later than the effective date of the rules adopted under	1967
this section, the board of education of each school district shall	1968
establish the structure for one or more local professional	1969
development committees to be operated by such school district. The	1970
committee structure so established by a district board shall	1971
remain in effect unless within thirty days prior to an anniversary	1972
of the date upon which the current committee structure was	1973
established, the board provides notice to all affected district	1974
employees that the committee structure is to be modified.	1975
Professional development committees may have a district-level or	1976
building-level scope of operations, and may be established with	1977
regard to particular grade or age levels for which an educator	1978
license is designated.	1979

Each professional development committee shall consist of at	1980
least three classroom teachers employed by the district, one	1981
principal employed by the district, and one other employee of the	1982
district appointed by the district superintendent. For committees	1983
with a building-level scope, the teacher and principal members	1984
shall be assigned to that building, and the teacher members shall	1985
be elected by majority vote of the classroom teachers assigned to	1986
that building. For committees with a district-level scope, the	1987
teacher members shall be elected by majority vote of the classroom	1988
teachers of the district, and the principal member shall be	1989
elected by a majority vote of the principals of the district,	1990
unless there are two or fewer principals employed by the district,	1991
in which case the one or two principals employed shall serve on	1992
the committee. If a committee has a particular grade or age level	1993
scope, the teacher members shall be licensed to teach such grade	1994
or age levels, and shall be elected by majority vote of the	1995
classroom teachers holding such a license and the principal shall	1996
be elected by all principals serving in buildings where any such	1997
teachers serve. The district superintendent shall appoint a	1998
replacement to fill any vacancy that occurs on a professional	1999
development committee, except in the case of vacancies among the	2000
elected classroom teacher members, which shall be filled by vote	2001
of the remaining members of the committee so selected.	2002

Terms of office on professional development committees shall	2003
be prescribed by the district board establishing the committees.	2004
The conduct of elections for members of professional development	2005
committees shall be prescribed by the district board establishing	2006
the committees. A professional development committee may include	2007
additional members, except that the majority of members on each	2008
such committee shall be classroom teachers employed by the	2009
district. Any member appointed to fill a vacancy occurring prior	2010
to the expiration date of the term for which a predecessor was	2011
appointed shall hold office as a member for the remainder of that	2012
term.	2013

The initial meeting of any professional development	2014
committee, upon election and appointment of all committee members,	2015
shall be called by a member designated by the district	2016
superintendent. At this initial meeting, the committee shall	2017
select a chairperson and such other officers the committee deems	2018
necessary, and shall adopt rules for the conduct of its meetings.	2019
Thereafter, the committee shall meet at the call of the	2020
chairperson or upon the filing of a petition with the district	2021
superintendent signed by a majority of the committee members	2022
calling for the committee to meet.	2023

(3) In the case of a school district in which an exclusive	2024
representative has been established pursuant to Chapter 4117. of	2025
the Revised Code, professional development committees shall be	2026
established in accordance with any collective bargaining agreement	2027
in effect in the district that includes provisions for such	2028
committees.	2029

If the collective bargaining agreement does not specify a	2030
different method for the selection of teacher members of the	2031
committees, the exclusive representative of the district's	2032
teachers shall select the teacher members.	2033

If the collective bargaining agreement does not specify a	2034
different structure for the committees, the board of education of	2035
the school district shall establish the structure, including the	2036
number of committees and the number of teacher and administrative	2037
members on each committee; the specific administrative members to	2038
be part of each committee; whether the scope of the committees	2039
will be district levels, building levels, or by type of grade or	2040
age levels for which educator licenses are designated; the lengths	2041
of terms for members; the manner of filling vacancies on the	2042
committees; and the frequency and time and place of meetings.	2043
However, in all cases, except as provided in division (C)(4) of	2044
this section, there shall be a majority of teacher members of any	2045
professional development committee, there shall be at least five	2046
total members of any professional development committee, and the	2047
exclusive representative shall designate replacement members in	2048
the case of vacancies among teacher members, unless the collective	2049
bargaining agreement specifies a different method of selecting	2050
such replacements.	2051

(4) Whenever an administrator's coursework plan is being	2052
discussed or voted upon, the local professional development	2053
committee shall, at the request of one of its administrative	2054
members, cause a majority of the committee to consist of	2055
administrative members by reducing the number of teacher members	2056
voting on the plan.	2057

(D)(1) The department of education, educational service	2058
centers, county boards of mental retardation and developmental	2059
disabilities, regional professional development centers, special	2060
education regional resource centers, college and university	2061
departments of education, head start programs, the Ohio SchoolNet	2062
commission, and the Ohio education computer network may establish	2063
local professional development committees to determine whether the	2064
coursework proposed by their employees who are licensed or	2065
certificated under this section or section 3319.222 of the Revised	2066
Code meet the requirements of the rules adopted under this	2067
section. They may establish local professional development	2068
committees on their own or in collaboration with a school district	2069
or other agency having authority to establish them.	2070

Local professional development committees established by	2071
county boards of mental retardation and developmental disabilities	2072
shall be structured in a manner comparable to the structures	2073
prescribed for school districts in divisions (C)(2) and (3) of	2074
this section, as shall the committees established by any other	2075
entity specified in division (D)(1) of this section that provides	2076
educational services by employing or contracting for services of	2077
classroom teachers licensed or certificated under this section or	2078
section 3319.222 of the Revised Code. All other entities specified	2079
in division (D)(1) of this section shall structure their	2080
committees in accordance with guidelines which shall be issued by	2081
the state board.	2082

(2) Any public agency that is not specified in division	2083
(D)(1) of this section but provides educational services and	2084
employs or contracts for services of classroom teachers licensed	2085
or certificated under this section or section 3319.222 of the	2086
Revised Code may establish a local professional development	2087
committee, subject to the approval of the department of education.	2088
The committee shall be structured in accordance with guidelines	2089
issued by the state board.	2090

Sec. 3319.225. (A) No temporary educator license shall be	2091
issued under this section for employment as a principal after the	2092
effective date of the rules prescribed by division (A) of section	2093
3319.27 of the Revised Code. No temporary educator license shall	2094
be issued under this section for employment as a superintendent or	2095
in any other administrative position except principal after the	2096
effective date of the rules prescribed by division (B) of section	2097
3319.27 of the Revised Code.	2098

(B) Notwithstanding sections 3319.01 and 3319.22 of the	2099
Revised Code, the board of education of any city, local, or	2100
exempted village, or joint vocational school district, or the	2101
governing board of any educational service center may request the	2102
state board of education to issue a one-year temporary educator	2103
license valid for being employed as a superintendent, or in any	2104
other administrative position, to an individual specified by the	2105
district board. The state board of education may issue the	2106
educator license if the requesting district board has determined	2107
both of the following:	2108

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

2109

(B)(2) The individual holds at least a baccalaureate degree	2110
from an accredited institution of higher education in a field	2111
related to finance or administration, or has five years of recent	2112
work experience in education, management, or administration.	2113

A one-year temporary educator license is valid only in the	2114
district whose board requested the license. An individual holding	2115
such a license may be employed as a superintendent or in any other	2116
administrative position in such district. The state board of	2117
education may renew such license annually upon request of the	2118
employing district.	2119

Sec. 3319.227. This section does not apply to any classroom	2120
teacher required to be a highly qualified teacher pursuant to	2121
section 3319.074 of the Revised Code.	2122

Notwithstanding any provision to the contrary in this chapter	2123
or in any educator licensing rule adopted by the state board of	2124
education under authority granted under this chapter, any	2125
individual who holds an educator license issued under section	2126
3319.22 of the Revised Code or a teacher's certificate issued	2127
under former section 3319.22 of the Revised Code that has	2128
continuing effect under section 3319.222 of the Revised Code may	2129
be employed to teach for up to two school years in a grade level	2130
or in a subject or teaching area for which the individual's	2131
license or certificate is not valid, as long as the individual	2132
agrees that during that time the individual will enroll in,	2133
attend, and complete coursework required by rule of the state	2134
board for licensure to teach in that grade level or in that	2135
subject or teaching area. The necessary coursework may be	2136
completed through classes developed and offered by regional	2137
professional development providers, such as special education	2138
regional resource centers, regional professional development	2139
centers, educational service centers, local education agencies,	2140
professional organizations, and institutions of higher education,	2141
provided the coursework is taken for credit in collaboration with	2142
a college or university that has a teacher education program	2143
approved by the state board. No person shall teach in a grade	2144
level or subject or teaching area under this section beyond two	2145
years until the person has completed all coursework and tests	2146
prescribed by the state board for licensure in that grade level or	2147
subject or teaching area.	2148

Sec. 3319.23.  The state board of education shall establish	2149
standards and courses of study for the preparation of teachers,	2150
shall provide for the inspection of institutions desiring to	2151
prepare teachers, shall approve such institutions as maintain	2152
satisfactory training procedures, and shall properly license the	2153
graduates of such approved courses and institutions. If the	2154
standards adopted by the state board under this section require an	2155
institution also to satisfy the standards of an independent	2156
accreditation organization, the state board shall permit each	2157
institution to satisfy the standards of either the national	2158
council for accreditation of teacher education or the teacher	2159
education accreditation council.	2160

The standards and courses of study for the preparation of	2161
teachers together with the standards, rules, and regulations set	2162
for each kind of license and for the renewal and conversion	2163
thereof shall be adopted and published by the board in accordance	2164
with Chapter 119. of the Revised Code and no change therein.	2165
Notwithstanding division (D) of section 119.03 and division (A)(1)	2166
of section 119.04 of the Revised Code, any standards, courses of	2167
study, rules, and regulations, or any amendment or rescission of	2168
such standards, courses of study, rules, and regulations, adopted	2169
by the board under this section that necessitate institutions	2170
offering teacher preparation programs approved by the board to	2171
revise the curriculum of those programs shall not be effective for	2172
at least one year from the first day of January next succeeding	2173
the publication of the said change.	2174

Sec. 3319.25. Any teacher performance assessment entity with	2175
which the department of education or the state board of education	2176
contracts or any independent agent with whom such entity, the	2177
department, or the state board contracts to provide services as a	2178
teacher performance assessor, trainer of assessors, or assessment	2179
coordinator is not liable for damages in a civil action concerning	2180
the actions of such entity or agent made in the conduct of a	2181
teacher performance assessment unless those actions were conducted	2182
with malicious purpose, in bad faith, or in a wanton or reckless	2183
manner.	2184

As used in this section, "teacher performance assessment"	2185
means an assessment prescribed by the state board of education to	2186
measure the classroom performance of a teacher who is a candidate	2187
for a professional educator license based on observations	2188
conducted by a trained assessor while the teacher is engaged in	2189
actual classroom instruction.	2190

Sec. 3319.26. (A) The state board of education shall adopt	2191
rules establishing the standards and requirements for obtaining an	2192
alternative educator license for teaching in grades seven to	2193
twelve, or the equivalent, in a designated subject area. However,	2194
an alternative educator license in the area of intervention	2195
specialist, as defined by rule of the state board, shall be valid	2196
for teaching in grades kindergarten to twelve. The	2197

(B)(1) The rules shall require applicants for the license to	2198
holdsatisfy the following conditions prior to issuance of the	2199
license:	2200

(a) Hold a minimum of a baccalaureate degree, to have	2201
successfully completed;	2202

(b) Successfully complete three semester hours or the	2203
equivalent of college coursework in the developmental	2204
characteristics of adolescent youths and three semester hours or	2205
the equivalent in teaching methods, and to have passed;	2206

(c) Pass an examination in the subject area for which	2207
application is being made. An	2208

(2) An alternative educator license shall be valid for two	2209
years and shall not be renewable.	2210

(3) The rules shall require the holder of an alternative	2211
educator license, as a condition of continuing to hold the	2212
license, to show satisfactory progress in taking and successfully	2213
completing within two years at least twelve additional semester	2214
hours, or the equivalent, of college coursework in the principles	2215
and practices of teaching in such topics as student development	2216
and learning, pupil assessment procedures, curriculum development,	2217
classroom management, and teaching methodology.	2218

(C) The rules shall provide for the granting of a provisional	2219
educator license to a holder of an alternative educator license	2220
upon successfully completing all of the following:	2221

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

2222

(B)(2) The twelve semester hours, or the equivalent, of the	2223
additional college coursework described in division (B)(3) of this	2224
section;	2225

(C)(3) The assessment of subject matter content and	2226
professional knowledge that is required of other applicants for a	2227
provisional educator license. The standards for successfully	2228
completing this assessment and the manner of conducting the	2229
assessment shall be the same as for any other applicant for a	2230
provisional educator license.	2231

Sec. 3319.261. An individual who otherwise qualifies for an	2232
alternative educator license for employment as an intervention	2233
specialist as authorized under section 3319.26 of the Revised Code	2234
shall be issued such license without successful completion of the	2235
examination specified in division (B)(1)(c) of section 3319.26 of	2236
the Revised Code. The individual to whom the alternative educator	2237
license is issued under this section shall be required to	2238
successfully complete that examination prior to issuance of a	2239
provisional educator license as provided in division (C) of	2240
section 3319.26 of the Revised Code only after completing the	2241
coursework prescribed in division (B)(3) of that section.	2242

Sec. 3319.27. (A) The state board of education shall adopt	2243
rules that establish an alternative principal license. The rules	2244
establishing an alternative principal license shall include a	2245
requirement that an applicant have obtained classroom teaching	2246
experience. Beginning on the effective date of the rules, the	2247
state board shall cease to issue temporary educator licenses	2248
pursuant to section 3319.225 of the Revised Code for employment as	2249
a principal. Any person who on the effective date of the rules	2250
holds a valid temporary educator license issued under that section	2251
and is employed as a principal shall be allowed to continue	2252
employment as a principal until the expiration of the license.	2253
Employment of any such person as a principal by a school district	2254
after the expiration of the temporary educator license shall be	2255
contingent upon the state board issuing the person an alternative	2256
principal license in accordance with the rules adopted under this	2257
division.	2258

(B) The state board shall adopt rules that establish an	2259
alternative administrator license, which shall be valid for	2260
employment as a superintendent or in any other administrative	2261
position except principal. Beginning on the effective date of the	2262
rules, the state board shall cease to issue temporary educator	2263
licenses pursuant to section 3319.225 of the Revised Code for	2264
employment as a superintendent or in any other administrative	2265
position except principal. Any person who on the effective date of	2266
the rules holds a valid temporary educator license issued under	2267
that section and is employed as a superintendent or in any other	2268
administrative position except principal shall be allowed to	2269
continue employment in that position until the expiration of the	2270
license. Employment of any such person as a superintendent or in	2271
any other administrative position except principal by a school	2272
district after the expiration of the temporary educator license	2273
shall be contingent upon the state board issuing the person an	2274
alternative administrator license in accordance with the rules	2275
adopted under this division.	2276

Sec. 3319.283.  (A) The board of education of any school	2277
district may employ an individual who is not certificated or	2278
licensed as required by Chapter 3319. of the Revised Code, but who	2279
meets the following qualifications, as a teacher in the schools of	2280
the district:	2281

(1) The individual is a veteran of the armed forces of the	2282
United States and was honorably discharged within three years of	2283
the effective date of this amendmentJune 30, 1997;	2284

(2) While in the armed forces the individual had meaningful	2285
teaching or other instructional experience;	2286

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

2287

(B) An individual employed under this section shall be deemed	2288
to hold a teaching certificate or educator license for the	2289
purposes of state and federal law and rules and regulations and	2290
school district policies, rules, and regulations. Such individuals	2291
However, an individual employed under this section is not a highly	2292
qualified teacher for purposes of the school district's compliance	2293
with section 3319.074 of the Revised Code. Each individual	2294
employed under this section shall meet the requirement to	2295
successfully complete fifteen hours, or the equivalent, of	2296
coursework every five years that is approved by the local	2297
professional development committee as is required of other	2298
teachers licensed in accordance with Chapter 3319. of the Revised	2299
Code.	2300

(C) The superintendent of public instruction may revoke the	2301
right of an individual employed under division (A) of this section	2302
to teach if, after an investigation and an adjudication conducted	2303
pursuant to Chapter 119. of the Revised Code, the superintendent	2304
finds that the person is not competent to teach the subject the	2305
person has been employed to teach or did not fulfill the	2306
requirements of division (A) of this section. No individual whose	2307
right to teach has been revoked under this division shall teach in	2308
a public school, and no board of education may engage such an	2309
individual to teach in the schools of its district.	2310

Notwithstanding division (B) of this section, a board of	2311
education is not required to comply with the provisions of	2312
sections 3319.11 and 3319.16 of the Revised Code with regard to	2313
termination of employment if the superintendent, after an	2314
investigation and an adjudication, has revoked the individual's	2315
right to teach.	2316

Sec. 3319.29.  Each application for any license or	2317
certificate pursuant to sectionsections 3319.22 to 3319.28	2318
3319.27 of the Revised Code or for any permit pursuant to section	2319
3319.301 or 3319.303 of the Revised Code, or renewal or duplicate	2320
of such a license, certificate, or permit, shall be accompanied by	2321
the payment of a fee in the amount established under division (A)	2322
of section 3319.51 of the Revised Code. Any fees received under	2323
this section shall be paid into the state treasury to the credit	2324
of the state board of education licensure fund established under	2325
division (B) of section 3319.51 of the Revised Code.	2326

Any person applying for or holding a license, certificate, or	2327
permit pursuant to this section and sections 3319.22 to 3319.28	2328
3319.27 or section 3319.301 or 3319.303 of the Revised Code is	2329
subject to sections 3123.41 to 3123.50 of the Revised Code and any	2330
applicable rules adopted under section 3123.63 of the Revised Code	2331
and sections 3319.31 and 3319.311 of the Revised Code.	2332

Sec. 3319.291.  (A) Except for a certificate of the type	2333
described in division (B) of section 3319.281 of the Revised Code,	2334
whenWhen any person initially applies for any certificate,	2335
license, or permit described in division (B) of section 3301.071	2336
or, in section 3301.074, 3319.088, or 3319.29, or in division (A)	2337
of section 3319.303 of the Revised Code, the state board of	2338
education shall require the person to submit with the application	2339
two complete sets of fingerprints and written permission that	2340
authorizes the superintendent of public instruction to forward the	2341
fingerprints to the bureau of criminal identification and	2342
investigation pursuant to division (F) of section 109.57 of the	2343
Revised Code and that authorizes that bureau to forward the	2344
fingerprints to the federal bureau of investigation for purposes	2345
of obtaining any criminal records that the federal bureau	2346
maintains on the person.	2347

(B) The state board of education or the superintendent of	2348
public instruction may request the superintendent of the bureau of	2349
criminal identification and investigation to do either or both of	2350
the following:	2351

(1) Investigate and determine whether the bureau has any	2352
information, gathered pursuant to division (A) of section 109.57	2353
of the Revised Code, pertaining to any person submitting	2354
fingerprints and written permission under this section;	2355

(2) Obtain any criminal records that the federal bureau of	2356
investigation has on the person.	2357

Sec. 3319.303. (A) The state board of education shall adopt	2358
rules establishing standards and requirements for obtaining a	2359
pupil-activity program permit for any individual who does not hold	2360
a valid educator license, certificate, or permit issued by the	2361
state board under section 3319.22, 3319.26, 3319.27, or 3319.302	2362
of the Revised Code. The permit issued under this section shall be	2363
valid for coaching, supervising, or directing a pupil-activity	2364
program under section 3313.53 of the Revised Code. Subject to the	2365
provisions of section 3319.31 of the Revised Code, a permit issued	2366
under this section shall be valid for three years and shall be	2367
renewable.	2368

(B) The state board shall adopt rules applicable to	2369
individuals who hold valid educator licenses, certificates, or	2370
permits issued by the state board under section 3319.22, 3319.26,	2371
3319.27, or 3319.302 of the Revised Code setting forth standards	2372
to assure any such individual's competence to direct, supervise,	2373
or coach a pupil-activity program. The rules adopted under this	2374
division shall not be more stringent than the standards set forth	2375
in rules applicable to individuals who do not hold such licenses,	2376
certificates, or permits adopted under division (A) of this	2377
section.	2378

Sec. 3319.31.  (A) As used in this section and sections	2379
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	2380
means a certificate, license, or permit described in division (B)	2381
of section 3301.071 or, in section 3301.074, 3319.088, 3319.29, or	2382
3319.302, or in division (A) of section 3319.303 of the Revised	2383
Code.	2384

(B) For any of the following reasons, the state board of	2385
education, in accordance with Chapter 119. and section 3319.311 of	2386
the Revised Code, may refuse to issue a license to an applicant,	2387
may limit a license it issues to an applicant, or may suspend,	2388
revoke, or limit a license that has been issued to any person:	2389

(1) Engaging in an immoral act, incompetence, negligence, or	2390
conduct that is unbecoming to the applicant's or person's	2391
position;	2392

(2) A plea of guilty to, a finding of guilt by a jury or	2393
court of, or a conviction of any of the following:	2394

(a) A felony;

2395

(b) A violation of section 2907.04 or 2907.06 or division (A)	2396
or (B) of section 2907.07 of the Revised Code;	2397

(c) An offense of violence;

2398

(d) A theft offense, as defined in section 2913.01 of the	2399
Revised Code;	2400

(e) A drug abuse offense, as defined in section 2925.01 of	2401
the Revised Code, that is not a minor misdemeanor;	2402

(f) A violation of an ordinance of a municipal corporation	2403
that is substantively comparable to an offense listed in divisions	2404
(B)(2)(a) to (e) of this section.	2405

(C) The state board may take action under division (B) of	2406
this section on the basis of substantially comparable conduct	2407
occurring in a jurisdiction outside this state or occurring before	2408
a person applies for or receives any license.	2409

(D) The state board may adopt rules in accordance with	2410
Chapter 119. of the Revised Code to carry out this section and	2411
section 3319.311 of the Revised Code.	2412

Sec. 3319.311.  (A) The state board of education, or the	2413
superintendent of public instruction on behalf of the board, may	2414
investigate any information received about a person that	2415
reasonably appears to be a basis for action under section 3319.31	2416
of the Revised Code. The board shall contract with the office of	2417
the Ohio attorney general to conduct any investigation of that	2418
nature. The board shall pay for the costs of the contract only	2419
from moneys in the state board of education licensure fund	2420
established under division (B) of section 3319.51 of the Revised	2421
Code. All information obtained during an investigation is	2422
confidential and is not a public record under section 149.43 of	2423
the Revised Code. If an investigation is conducted under this	2424
division regarding information received about a person and no	2425
action is taken against the person under this section or section	2426
3319.31 of the Revised Code within two years of the completion of	2427
the investigation, all records of the investigation shall be	2428
expunged.	2429

(B) The superintendent of public instruction shall review the	2430
results of each investigation of a person conducted under division	2431
(A) of this section and shall determine, on behalf of the state	2432
board, whether the results warrant initiating action under section	2433
3319.31 of the Revised Code. The superintendent shall advise the	2434
board of such determination at a meeting of the board. Within	2435
fourteen days of the next meeting of the board, any member of the	2436
board may ask that the question of initiating action under section	2437
3319.31 of the Revised Code be placed on the board's agenda for	2438
that next meeting. Prior to initiating that action against any	2439
person, the person's name and any other personally identifiable	2440
information shall remain confidential.	2441

(C) The board shall take no action against a person under	2442
section 3319.31 of the Revised Code without providing the person	2443
with written notice of the charges and with an opportunity for a	2444
hearing in accordance with Chapter 119. of the Revised Code. For	2445

(D) For purposes of thean investigation under division (A)	2446
of this section or a hearing under division (C) of this section,	2447
the board, or the superintendent on behalf of the board, may	2448
administer oaths, order the taking of depositions, issue	2449
subpoenas, and compel the attendance of witnesses and the	2450
production of books, accounts, papers, records, documents, and	2451
testimony. The issuance of subpoenas under this division may be by	2452
certified mail or personal delivery to the person.	2453

(D)(E) The superintendent, on behalf of the board, may enter	2454
into a consent agreement with a person against whom action is	2455
being taken under section 3319.31 of the Revised Code. The board	2456
may adopt rules governing the superintendent's action under this	2457
division.	2458

(E)(F) The board automatically may suspend any license	2459
without a prior hearing if the license holder is convicted of or	2460
pleads guilty to one or more of the following offenses or a	2461
violation of an ordinance of a municipal corporation or a law of	2462
another state that is substantially comparable to one of the	2463
following offenses: aggravated murder; murder; aggravated arson;	2464
aggravated robbery; aggravated burglary; voluntary manslaughter;	2465
felonious assault; kidnapping; rape; sexual battery; gross sexual	2466
imposition; or unlawful sexual conduct with a minor. A suspension	2467
under this division is effective on the date of the conviction or	2468
guilty plea.	2469

For a suspension under this division, the board, in	2470
accordance with section 119.07 of the Revised Code, shall issue a	2471
written order of suspension to the license holder by certified	2472
mail or in person and shall afford the person a hearing upon	2473
request. If the person does not request a hearing within the time	2474
limits established by that section, the board shall enter a final	2475
order revoking the person's license. An order of suspension under	2476
this division is not subject to suspension by a court during the	2477
pendency of an appeal filed under section 119.12 of the Revised	2478
Code.	2479

An order of suspension under this division shall remain in	2480
effect, unless reversed on appeal, until the final order of the	2481
board, issued pursuant to this section and Chapter 119. of the	2482
Revised Code, becomes effective. The board shall issue a final	2483
order within sixty days of the date of an order of suspension	2484
under this division or a hearing on an order of suspension,	2485
whichever is later. If the board fails to issue a final order by	2486
that deadline, the order of suspension is dissolved. No	2487
dissolution of an order of suspension under this division shall	2488
invalidate a subsequent final order of the board.	2489

(F)(G) No surrender of a license shall be effective until the	2490
board takes action to accept the surrender unless the surrender is	2491
pursuant to a consent agreement entered into under division (D)(E)	2492
of this section.	2493

Sec. 3319.36.  (A) No treasurer of a board of education or	2494
educational service center shall draw a check for the payment of a	2495
teacher for services until the teacher files with the treasurer	2496
both of the following:	2497

(1) Such reports as are required by the state board of	2498
education, the school district board of education, or the	2499
superintendent of schools;	2500

(2) Except for a teacher who is engaged pursuant to section	2501
3319.301 of the Revised Code, a written statement from the city,	2502
exempted village, or local school district superintendent or the	2503
educational service center superintendent that the teacher has	2504
filed with the treasurer a legal educator license or internship	2505
certificate, or true copy of it, to teach the subjects or grades	2506
taught, with the dates of its validity. The state board of	2507
education shall prescribe the record and administration for such	2508
filing of educator licenses and internship certificates in	2509
educational service centers.	2510

(B) Notwithstanding division (A) of this section, the	2511
treasurer may pay either of the following:	2512

(1) Any teacher for services rendered during the first two	2513
months of the teacher's initial employment with the school	2514
district or educational service center, provided such teacher is	2515
the holder of a bachelor's degree or higher and has filed with the	2516
state board of education an application for the issuance of a	2517
provisional or professional educator license.	2518

(2) Any substitute teacher for services rendered while	2519
conditionally employed under section 3319.101 of the Revised Code.	2520

(C) Upon notice to the treasurer given by the state board of	2521
education or any superintendent having jurisdiction that reports	2522
required of a teacher have not been made, the treasurer shall	2523
withhold the salary of the teacher until the required reports are	2524
completed and furnished.	2525

Sec. 3319.39.  (A)(1) Except as provided in division	2526
(F)(2)(b) of section 109.57 of the Revised Code and division (I)	2527
of this section, the appointing or hiring officer of the board of	2528
education of a school district, the governing board of an	2529
educational service center, or of a chartered nonpublic school	2530
shall request the superintendent of the bureau of criminal	2531
identification and investigation to conduct a criminal records	2532
check with respect to any applicant who has applied to the school	2533
district, educational service center, or school for employment in	2534
any position as a person responsible for the care, custody, or	2535
control of a child. If the applicant does not present proof that	2536
the applicant has been a resident of this state for the five-year	2537
period immediately prior to the date upon which the criminal	2538
records check is requested or does not provide evidence that	2539
within that five-year period the superintendent has requested	2540
information about the applicant from the federal bureau of	2541
investigation in a criminal records check, the appointing or	2542
hiring officer shall request that the superintendent obtain	2543
information from the federal bureau of investigation as a part of	2544
the criminal records check for the applicant. If the applicant	2545
presents proof that the applicant has been a resident of this	2546
state for that five-year period, the appointing or hiring officer	2547
may request that the superintendent include information from the	2548
federal bureau of investigation in the criminal records check.	2549

(2) A person required by division (A)(1) of this section to	2550
request a criminal records check shall provide to each applicant a	2551
copy of the form prescribed pursuant to division (C)(2) of section	2552
109.572 of the Revised Code, provide to each applicant a standard	2553
impression sheet to obtain fingerprint impressions prescribed	2554
pursuant to division (C)(2) of section 109.572 of the Revised	2555
Code, obtain the completed form and impression sheet from each	2556
applicant, and forward the completed form and impression sheet to	2557
the superintendent of the bureau of criminal identification and	2558
investigation at the time the person requests a criminal records	2559
check pursuant to division (A)(1) of this section.	2560

(3) An applicant who receives pursuant to division (A)(2) of	2561
this section a copy of the form prescribed pursuant to division	2562
(C)(1) of section 109.572 of the Revised Code and a copy of an	2563
impression sheet prescribed pursuant to division (C)(2) of that	2564
section and who is requested to complete the form and provide a	2565
set of fingerprint impressions shall complete the form or provide	2566
all the information necessary to complete the form and shall	2567
provide the impression sheet with the impressions of the	2568
applicant's fingerprints. If an applicant, upon request, fails to	2569
provide the information necessary to complete the form or fails to	2570
provide impressions of the applicant's fingerprints, the board of	2571
education of a school district, governing board of an educational	2572
service center, or governing authority of a chartered nonpublic	2573
school shall not employ that applicant for any position for which	2574
a criminal records check is required pursuant to division (A)(1)	2575
of this section.	2576

(B)(1) Except as provided in rules adopted by the department	2577
of education in accordance with division (E) of this section and	2578
as provided in division (B)(3) of this section, no board of	2579
education of a school district, no governing board of an	2580
educational service center, and no governing authority of a	2581
chartered nonpublic school shall employ a person as a person	2582
responsible for the care, custody, or control of a child if the	2583
person previously has been convicted of or pleaded guilty to any	2584
of the following:	2585

(a) A violation of section 2903.01, 2903.02, 2903.03,	2586
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2587
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2588
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2589
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2590
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2591
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2592
2925.06, or 3716.11 of the Revised Code, a violation of section	2593
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2594
violation of section 2919.23 of the Revised Code that would have	2595
been a violation of section 2905.04 of the Revised Code as it	2596
existed prior to July 1, 1996, had the violation been committed	2597
prior to that date,, a violation of section 2925.11 of the Revised	2598
Code that is not a minor drug possession offense, or felonious	2599
sexual penetration in violation of former section 2907.12 of the	2600
Revised Code;	2601

(b) A violation of an existing or former law of this state,	2602
another state, or the United States that is substantially	2603
equivalent to any of the offenses or violations described in	2604
division (B)(1)(a) of this section.	2605

(2) A board, governing board of an educational service	2606
center, or a governing authority of a chartered nonpublic school	2607
may employ an applicant conditionally until the criminal records	2608
check required by this section is completed and the board or	2609
governing authority receives the results of the criminal records	2610
check. If the results of the criminal records check indicate that,	2611
pursuant to division (B)(1) of this section, the applicant does	2612
not qualify for employment, the board or governing authority shall	2613
release the applicant from employment.	2614

(3) No board and no governing authority of a chartered	2615
nonpublic school shall employ a teacher who previously has been	2616
convicted of or pleaded guilty to any of the offenses listed in	2617
section 3319.31 of the Revised Code.	2618

(C)(1) Each board and each governing authority of a chartered	2619
nonpublic school shall pay to the bureau of criminal	2620
identification and investigation the fee prescribed pursuant to	2621
division (C)(3) of section 109.572 of the Revised Code for each	2622
criminal records check conducted in accordance with that section	2623
upon the request pursuant to division (A)(1) of this section of	2624
the appointing or hiring officer of the board or governing	2625
authority.	2626

(2) A board and the governing authority of a chartered	2627
nonpublic school may charge an applicant a fee for the costs it	2628
incurs in obtaining a criminal records check under this section. A	2629
fee charged under this division shall not exceed the amount of	2630
fees the board or governing authority pays under division (C)(1)	2631
of this section. If a fee is charged under this division, the	2632
board or governing authority shall notify the applicant at the	2633
time of the applicant's initial application for employment of the	2634
amount of the fee and that, unless the fee is paid, the board or	2635
governing authority will not consider the applicant for	2636
employment.	2637

(D) The report of any criminal records check conducted by the	2638
bureau of criminal identification and investigation in accordance	2639
with section 109.572 of the Revised Code and pursuant to a request	2640
under division (A)(1) of this section is not a public record for	2641
the purposes of section 149.43 of the Revised Code and shall not	2642
be made available to any person other than the applicant who is	2643
the subject of the criminal records check or the applicant's	2644
representative, the board or governing authority requesting the	2645
criminal records check or its representative, and any court,	2646
hearing officer, or other necessary individual involved in a case	2647
dealing with the denial of employment to the applicant.	2648

(E) The department of education shall adopt rules pursuant to	2649
Chapter 119. of the Revised Code to implement this section,	2650
including rules specifying circumstances under which the board or	2651
governing authority may hire a person who has been convicted of an	2652
offense listed in division (B)(1) of this section but who meets	2653
standards in regard to rehabilitation set by the department.	2654

(F) Any person required by division (A)(1) of this section to	2655
request a criminal records check shall inform each person, at the	2656
time of the person's initial application for employment, of the	2657
requirement to provide a set of fingerprint impressions and that a	2658
criminal records check is required to be conducted and	2659
satisfactorily completed in accordance with section 109.572 of the	2660
Revised Code if the person comes under final consideration for	2661
appointment or employment as a precondition to employment for the	2662
school district, educational service center, or school for that	2663
position.	2664

(G) As used in this section:

2665

(1) "Applicant" means a person who is under final	2666
consideration for appointment or employment in a position with a	2667
board of education, governing board of an educational service	2668
center, or a chartered nonpublic school as a person responsible	2669
for the care, custody, or control of a child, except that	2670
"applicant" does not include a person already employed by a board	2671
or chartered nonpublic school in a position of care, custody, or	2672
control of a child who is under consideration for a different	2673
position with such board or school.	2674

(2) "Teacher" means a person holding an educator license,	2675
internship certificate, or permit issued under section 3319.22,	2676
3319.28, or 3319.301 of the Revised Code and teachers in a	2677
chartered nonpublic school.	2678

(3) "Criminal records check" has the same meaning as in	2679
section 109.572 of the Revised Code.	2680

(4) "Minor drug possession offense" has the same meaning as	2681
in section 2925.01 of the Revised Code.	2682

(H) If the board of education of a local school district	2683
adopts a resolution requesting the assistance of the educational	2684
service center in which the local district has territory in	2685
conducting criminal records checks of substitute teachers under	2686
this section, the appointing or hiring officer of such educational	2687
service center shall serve for purposes of this section as the	2688
appointing or hiring officer of the local board in the case of	2689
hiring substitute teachers for employment in the local district.	2690

(I) The requirements of this section shall not apply to a	2691
person holding a certificate of the type described in section	2692
3319.281 of the Revised Code who applies to a school district or	2693
school for employment in an adult instruction position under which	2694
that person is not responsible for the care, custody, or control	2695
of a child.	2696

Sec. 3319.51.  (A) The state board of education shall	2697
annually establish the amount of the fees required to be paid	2698
under division (B) of section 3301.071 and, under sections	2699
3301.074, 3319.088, 3319.29, and 3319.302, and under division (A)	2700
of section 3319.303 of the Revised Code. The amount of these fees	2701
shall be such that they, along with any appropriation made to the	2702
fund established under division (B) of this section, will be	2703
sufficient to cover the annual estimated cost of administering the	2704
sections of law listed under division (B) of this section.	2705

(B) There is hereby established in the state treasury the	2706
state board of education licensure fund, which shall be used by	2707
the state board of education solely to pay the cost of	2708
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	2709
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, 3319.303, and	2710
3319.31 of the Revised Code. The fund shall consist of the amounts	2711
paid into the fund pursuant to division (B) of section 3301.071	2712
and, sections 3301.074, 3319.088, 3319.29, and 3319.302, and	2713
division (A) of section 3319.303 of the Revised Code and any	2714
appropriations to the fund by the general assembly.	2715

Sec. 3319.56. The department of education shall identify	2716
promising practices in Ohio and throughout the country for	2717
engaging teachers certified by the national board for professional	2718
teaching standards in ways that add value beyond their own	2719
classrooms. Practices identified by the department as promising	2720
may include placing national board certified teachers in key roles	2721
in peer review programs; having such teachers serve as coaches,	2722
mentors, and trainers for other teachers; or having such teachers	2723
develop curricula or instructional integration strategies.	2724

Once the department has identified promising practices, the	2725
department shall inform all school districts of the practices by	2726
posting such information on the department's world wide web site.	2727

Sec. 3319.57.  (A) A grant program is hereby established	2728
under which the department of education shall award grants to	2729
assist certain schools in a city, exempted village, local, or	2730
joint vocational school district in implementing one of the	2731
following innovations:	2732

(1) The use of instructional specialists to mentor and	2733
support classroom teachers;	2734

(2) The use of building managers to supervise the	2735
administrative functions of school operation so that a school	2736
principal can focus on supporting instruction, providing	2737
instructional leadership, and engaging teachers as part of the	2738
instructional leadership team;	2739

(3) The reconfiguration of school leadership structure in a	2740
manner that allows teachers to serve in leadership roles so that	2741
teachers may share the responsibility for making and implementing	2742
school decisions;	2743

(4) The adoption of new models for restructuring the school	2744
day or school year, such as including teacher planning and	2745
collaboration time as part of the school day;	2746

(5) The creation of smaller schools or smaller units within	2747
larger schools for the purpose of facilitating teacher	2748
collaboration to improve and advance the professional practice of	2749
teaching;	2750

(6) The implementation of "grow your own" recruitment	2751
strategies that are designed to assist individuals who show a	2752
commitment to education become licensed teachers, to assist	2753
experienced teachers obtain licensure in subject areas for which	2754
there is need, and to assist teachers in becoming principals;	2755

(7) The provision of better conditions for new teachers, such	2756
as reduced teaching load and reduced class size;	2757

(8) The provision of incentives to attract qualified	2758
mathematics, science, or special education teachers;	2759

(9) The development and implementation of a partnership with	2760
teacher preparation programs at colleges and universities to help	2761
attract teachers qualified to teach in shortage areas;	2762

(10) The implementation of a program to increase the cultural	2763
competency of both new and veteran teachers;	2764

(11) The implementation of a program to increase the subject	2765
matter competency of veteran teachers.	2766

(B) To qualify for a grant to implement one of the	2767
innovations described in division (A) of this section, a school	2768
must meet both of the following criteria:	2769

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

2770

(2) Use existing school district funds for the implementation	2771
of the innovation in an amount equal to the grant amount	2772
multiplied by (1 - the district's state share percentage for the	2773
fiscal year in which the grant is awarded).	2774

For purposes of division (B)(2) of this section, "state share	2775
percentage" shall be as calculated under section 3317.022 of the	2776
Revised Code, in the case of a city, local, or exempted village	2777
school district, or as calculated under section 3317.16 of the	2778
Revised Code, in the case of a joint vocational school district.	2779

(C) The amount and number of grants awarded under this	2780
section shall be determined by the department based on any	2781
appropriations made by the general assembly for grants under this	2782
section.	2783

(D) The state board of education shall adopt rules for the	2784
administration of this grant program.	2785

Sec. 3319.60.  There is hereby established the educator	2786
standards board. The board shall develop and recommend to the	2787
state board of education standards for entering and continuing in	2788
the teaching and principalship professions and standards for	2789
educator professional development.	2790

(A) The board shall consist of the following members	2791
appointed by the state board of education within sixty days of the	2792
effective date of this section:	2793

(1) Seven persons employed as teachers in a school district.	2794
Two persons appointed under this division shall be employed as	2795
teachers in a secondary school, two persons shall be employed as	2796
teachers in a middle school, two persons shall be employed as	2797
teachers in an elementary school, and one person shall be a	2798
teacher who serves on a local professional development committee	2799
pursuant to section 3319.22 of the Revised Code. At least one	2800
person appointed under this division shall hold a teaching	2801
certificate or license issued by the national board for	2802
professional teaching standards. The Ohio education association	2803
and the Ohio federation of teachers shall each submit a list of	2804
five nominees for these appointments.	2805

(2) One person employed as a teacher in a chartered,	2806
nonpublic school. Stakeholder groups selected by the state board	2807
shall submit a list of two nominees for this appointment.	2808

(3) Four persons employed as school administrators in a	2809
school district. Of the four persons appointed under this	2810
division, one person shall be employed as a secondary school	2811
principal, one person shall be employed as a middle school	2812
principal, one person shall be employed as an elementary school	2813
principal, and one person shall be employed as a school district	2814
superintendent. The state board shall solicit nominations for	2815
these appointments from the buckeye association of school	2816
administrators, the Ohio association of elementary school	2817
administrators, and the Ohio association of secondary school	2818
administrators.	2819

(4) One person who is a member of a school district board of	2820
education. The Ohio school boards association shall submit a list	2821
of two nominees for this appointment.	2822

(5) Five persons employed by institutions of higher education	2823
that offer teacher preparation programs approved under section	2824
3319.23 of the Revised Code. One person appointed under this	2825
division shall be employed in the education department of an	2826
institution of higher education that has a certificate of	2827
authorization under Chapter 1713. of the Revised Code; one person	2828
shall be employed in the education department of a state	2829
university, as defined in section 3345.011 of the Revised Code, or	2830
a university branch; one person shall be employed in the education	2831
department of a state community college, community college, or	2832
technical college; one person shall be employed in an	2833
administrative position by a state institution of higher	2834
education; and one person shall be employed in an administrative	2835
position by a private institution of higher education. The	2836
chancellor of the Ohio board of regents shall submit a list of six	2837
nominees for these appointments.	2838

(6) The superintendent of public instruction or a designee of	2839
the superintendent, the chancellor of the Ohio board of regents or	2840
a designee of the chancellor, and the chairpersons of the	2841
education committees of the senate and house of representatives	2842
shall serve as nonvoting, ex officio members.	2843

(B) Initial terms of office for nine members shall be for two	2844
years and three years for nine members, beginning on the day all	2845
members are appointed to the board. At the first meeting of the	2846
board, members shall draw lots to determine the length of the term	2847
each member shall serve. Thereafter terms of office shall be for	2848
two years. Each member shall hold office from the date of the	2849
member's appointment until the end of the term for which the	2850
member was appointed. At the first meeting, appointed members	2851
shall select a chairperson and a vice-chairperson. Vacancies on	2852
the board shall be filled in the same manner as the original	2853
appointments. Any member appointed to fill a vacancy occurring	2854
prior to the expiration of the term for which the member's	2855
predecessor was appointed shall hold office for the remainder of	2856
such term. Any member shall continue in office subsequent to the	2857
expiration date of the member's term until the member's successor	2858
takes office, or until a period of sixty days has elapsed,	2859
whichever occurs first. The terms of office of members are	2860
renewable.	2861

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

2862

Sec. 3319.61. (A) The educator standards board, in	2863
consultation with the Ohio board of regents, shall do all of the	2864
following:	2865

(1) Develop state standards for teachers and principals that	2866
reflect what teachers and principals are expected to know and be	2867
able to do at all stages of their careers. These standards shall	2868
be aligned with the statewide academic content standards for	2869
students adopted pursuant to section 3301.079 of the Revised Code,	2870
be primarily based on educator performance instead of years of	2871
experience or certain courses completed, and rely on	2872
evidence-based factors.	2873

(a) The standards for teachers shall reflect the following	2874
additional criteria:	2875

(i) Alignment with the interstate new teacher assessment and	2876
support consortium standards;	2877

(ii) Differentiation among novice, experienced, and advanced	2878
teachers;	2879

(iii) Reliance on competencies that can be measured;

2880

(iv) Reliance on content knowledge, teaching skills,	2881
discipline-specific teaching methods, and requirements for	2882
professional development;	2883

(v) Alignment with a career-long system of professional	2884
development and evaluation that ensures teachers receive the	2885
support and training needed to achieve the teaching standards as	2886
well as reliable feedback about how well they meet the standards.	2887

(b) The standards for principals shall be aligned with the	2888
interstate school leaders licensing consortium standards.	2889

(2) Develop standards for the renewal of educator licenses	2890
under section 3319.22 of the Revised Code;	2891

(3) Develop standards for educator professional development.

2892

(B) The educator standards board shall incorporate indicators	2893
of cultural competency into the standards developed under division	2894
(A) of this section. For this purpose, the educator standards	2895
board shall develop a definition of cultural competency based upon	2896
content and experiences that enable educators to know, understand,	2897
and appreciate the students, families, and communities that they	2898
serve and skills for addressing cultural diversity in ways that	2899
respond equitably and appropriately to the cultural needs of	2900
individual students.	2901

(C) In developing the standards under division (A) of this	2902
section, the educator standards board shall consider the impact of	2903
the standards on closing the achievement gap between students of	2904
different subgroups.	2905

(D) In developing the standards under division (A) of this	2906
section, the educator standards board shall ensure that teachers	2907
and principals have sufficient knowledge to provide appropriate	2908
instruction for students identified as gifted pursuant to Chapter	2909
3324. of the Revised Code and to assist in the identification of	2910
such students.	2911

(E) The standards for educator professional development	2912
developed under division (A)(3) of this section shall include	2913
standards that address the crucial link between academic	2914
achievement and mental health issues.	2915

(F) The educator standards board shall also perform the	2916
following functions:	2917

(1) Collaborate with colleges and universities that offer	2918
teacher preparation programs approved pursuant to section 3319.23	2919
of the Revised Code to align teacher and principal preparation	2920
courses with the standards developed under division (A) of this	2921
section and with student academic content standards adopted under	2922
section 3301.079 of the Revised Code. The educator standards board	2923
shall study the model developed by the college of food,	2924
agricultural, and environmental sciences and the college of	2925
education of the Ohio state university for aligning teacher	2926
preparation programs in agricultural education with recognized	2927
standards for this purpose.	2928

(2) Monitor compliance with the teacher and principal	2929
standards developed under division (A) of this section and make	2930
recommendations to the state board of education for appropriate	2931
corrective action if such standards are not met;	2932

(3) Research, develop, and recommend policies on the	2933
professions of teaching and school administration;	2934

(4) Recommend policies to close the achievement gap between	2935
students of different subgroups.	2936

(G) The educator standards board shall submit recommendations	2937
of standards developed under division (A) of this section to the	2938
state board of education within one year after the educator	2939
standards board first convenes. The state board of education shall	2940
review the recommendations of the educator standards board	2941
developed under division (A) of this section. The state board of	2942
education may adopt standards based on the recommendations, make	2943
changes to the recommendations prior to adopting the standards, or	2944
direct the educator standards board to reconsider the	2945
recommendations. The state board of education shall review any	2946
revised recommendations submitted by the educator standards board.	2947
The final responsibility to determine whether to adopt standards	2948
as described in division (A) of this section and the content of	2949
those standards, if adopted, belongs solely to the state board of	2950
education.	2951

Sec. 3319.62. The department of education shall establish the	2952
state office of educator standards within the center for the	2953
teaching profession to provide administrative services to the	2954
educator standards board. The department may employ a director for	2955
the office and such other staff as are necessary for the operation	2956
of the office. When appropriate, current employees of the	2957
department shall conduct the operation of the office.	2958

Sec. 3319.65. The state board of education shall establish a	2959
credential review board. The credential review board shall carry	2960
out any functions assigned to it by the state board with respect	2961
to assessing individuals pursuing alternative routes to educator	2962
licensure and out of state educators seeking licensure in Ohio.	2963
The credential review board may also carry out any other duties	2964
the state board considers appropriate.	2965

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

2966

(1) "Articulation agreement" means an agreement between two	2967
or more state institutions of higher education to facilitate the	2968
transfer of students and credits between such institutions.	2969

(2) "State institution of higher education" and "state	2970
university" have the same meanings as in section 3345.011 of the	2971
Revised Code.	2972

(3) "Two year college" includes a community college, state	2973
community college, technical college, and university branch.	2974

(B) Not later than April 15, 2005, the Ohio board of regents	2975
shall adopt rules establishing a statewide system for articulation	2976
agreements among state institutions of higher education for	2977
transfer students pursuing teacher education programs. The rules	2978
shall require an articulation agreement between institutions to	2979
include all of the following:	2980

(1) The development of a transfer module for teacher	2981
education that includes introductory level courses that are	2982
evaluated as appropriate by faculty employed by the state	2983
institutions of higher education that are parties to the	2984
articulation agreement;	2985

(2) A foundation of general studies courses that have been	2986
identified as part of the transfer module for teacher education	2987
and have been evaluated as appropriate for the preparation of	2988
teachers and consistent with the academic content standards	2989
adopted under section 3301.079 of the Revised Code;	2990

(3) A clear identification of university faculty who are	2991
partnered with two year college faculty;	2992

(4) The publication of the articulation agreement that is	2993
available to all students, faculty, and staff.	2994

Sec. 3333.36. The chancellor of the Ohio board of regents may	2995
allocate up to seventy thousand dollars in each fiscal year to	2996
make payments to the Columbus program in intergovernmental issues,	2997
an Ohio internship program at Kent state university, for	2998
scholarships of up to two thousand dollars for each student	2999
enrolled in the program. The chancellor may utilize any funds	3000
appropriated to the board of regents that the chancellor	3001
determines to be available for purposes of this section.	3002

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

3003

(1) "Institution of higher education" includes all of the	3004
following:	3005

(a) A state institution of higher education, as defined in	3006
section 3345.011 of the Revised Code;	3007

(b) A nonprofit institution issued a certificate of	3008
authorization by the Ohio board of regents under Chapter 1713. of	3009
the Revised Code;	3010

(c) A private institution exempt from regulation under	3011
Chapter 3332. of the Revised Code, as prescribed in section	3012
3333.046 of the Revised Code;	3013

(d) An institution of higher education with a certificate of	3014
registration from the state board of career colleges and schools	3015
under Chapter 3332. of the Revised Code.	3016

(2) "Student financial assistance supported by state funds"	3017
includes assistance granted under sections 3315.33, 3333.12,	3018
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	3019
5910.032, and 5919.34 of the Revised Code and any other	3020
post-secondary student financial assistance supported by state	3021
funds.	3022

(B) An individual who is convicted of, pleads guilty to, or	3023
is adjudicated a delinquent child for one of the following	3024
violations shall be ineligible to receive any student financial	3025
assistance supported by state funds at an institution of higher	3026
education for two calendar years from the time the individual	3027
applies for assistance of that nature:	3028

(1) A violation of section 2917.02 or 2917.03 of the Revised	3029
Code;	3030

(2) A violation of section 2917.04 of the Revised Code that	3031
is a misdemeanor of the fourth degree and occurs within the	3032
proximate area where four or more others are acting in a course of	3033
conduct in violation of section 2917.11 of the Revised Code;	3034

(3) A violation of section 2917.13 of the Revised Code that	3035
is a misdemeanor of the fourth or first degree and occurs within	3036
the proximate area where four or more others are acting in a	3037
course of conduct in violation of section 2917.11 of the Revised	3038
Code.	3039

(C) If an individual is convicted of, pleads guilty to, or is	3040
adjudicated a delinquent child for committing a violation of	3041
section 2907.022917.02 or 2907.032917.03 of the Revised Code,	3042
and if the individual is enrolled in a state-supported institution	3043
of higher education, the institution in which the individual is	3044
enrolled shall immediately dismiss the individual. No	3045
state-supported institution of higher education shall admit an	3046
individual of that nature for one academic year after the	3047
individual applies for admission to a state-supported institution	3048
of higher education. This division does not limit or affect the	3049
ability of a state-supported institution of higher education to	3050
suspend or otherwise discipline its students.	3051

Sec. 5126.021.  As used in this section, "immediate family"	3052
means parents, brothers, sisters, spouses, sons, daughters,	3053
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law,	3054
sons-in-law, and daughters-in-law.	3055

(A) The following individuals shall not serve as members of	3056
county boards of mental retardation and developmental	3057
disabilities:	3058

(1) Elected public officials, except for township trustees,	3059
township clerks, and those excluded from the definition of public	3060
official or employee in division (B) of section 102.01 of the	3061
Revised Code;	3062

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

3063

(3) Board employees and members of the immediate family of	3064
board employees;	3065

(4) Former board employees within one calendar year of the	3066
termination of employment with the board on which the former	3067
employee would serve.	3068

(B) A person may not serve as a member of a county board of	3069
mental retardation and developmental disabilities when either the	3070
person or a member of the person's immediate family is a board	3071
member of a contract agency of that county board unless there is	3072
no conflict of interest. In no circumstance shall a member of a	3073
county board vote on any matter before the board concerning a	3074
contract agency of which the member or a member of the member's	3075
immediate family is also a board member or an employee. All	3076
questions relating to the existence of a conflict of interest	3077
shall be submitted to the local prosecuting attorney and the Ohio	3078
ethics commission for resolution.	3079

(C) No employee of an agency contracting with a county board	3080
of mental retardation and developmental disabilities or member of	3081
the immediate family of such an employee shall serve as a board	3082
member or an employee of the county board except that a county	3083
board may, pursuant to a resolution adopted by the board, employ a	3084
member of the immediate family of an employee of an agency	3085
contracting with the board.	3086

(D) No person shall serve as a member or employee of a county	3087
board of mental retardation and developmental disabilities if a	3088
member of the person's immediate family serves as a county	3089
commissioner of the county served by the board unless the person	3090
was a member or employee prior to October 31, 1980.	3091

(E) A county board of mental retardation and developmental	3092
disabilities shall not contract with an agency whose board	3093
includes a county commissioner of the county served by the county	3094
board or an employee of the same county board.	3095

(F) Notwithstanding any provision of the Revised Code to the	3096
contrary, including applicable provisions of sections 102.03,	3097
102.04, 2921.42, and 2921.43 of the Revised Code, an employee of a	3098
county board of mental retardation and developmental disabilities	3099
also may be a member of the governing board of an agency or a	3100
political subdivision, including the board of education of a	3101
school district. The county board of mental retardation and	3102
developmental disabilities may contract with the governing board	3103
of an agency or political subdivision whose member is also an	3104
employee of the county board, provided that in no circumstances	3105
shall such employee of the county board vote on any matter before	3106
the governing board of the agency or political subdivision	3107
concerning a county board contract or participate in any	3108
discussion or debate regarding that contract.	3109

Section 2. That existing sections 3301.079, 3301.0710,	3110
3301.0711, 3301.0712, 3301.0715, 3302.04, 3307.01, 3313.28,	3111
3313.53, 3313.713, 3318.031, 3319.09, 3319.11, 3319.111, 3319.22,	3112
3319.225, 3319.227, 3319.23, 3319.26, 3319.283, 3319.29, 3319.291,	3113
3319.31, 3319.311, 3319.36, 3319.39, 3319.51, 3333.38, and	3114
5126.021, and existing Section 12 of Sub. H.B. 364 of the 124th	3115
General Assembly, and sections        Sec. 3301.801.  and        Sec. 3319.28.  of the Revised	3116
Code are hereby repealed.	3117

Section 3. The Legislative Office of Education Oversight	3118
shall conduct a study of minimum starting salaries for teachers	3119
with bachelor degrees. The Office shall, in consultation with	3120
Ohio's education stakeholders, identify a select number of states	3121
that are demographically and economically similar to Ohio,	3122
including states that because of geographic proximity compete with	3123
Ohio for new teachers. For the state of Ohio and each of the	3124
selected states, the Office shall determine the minimum	3125
compensation levels for beginning teachers, calculate the average	3126
compensation for beginning teachers, and project, based on recent	3127
history and current economic conditions, the average compensation	3128
for beginning teachers in the 2007-2008 academic year. The Office	3129
shall also compare the selected states to Ohio.	3130

The Office shall submit the final results of this study to	3131
the Governor and members of the General Assembly not later than	3132
September 30, 2004.	3133

Section 4. As used in this section, "career ladder program"	3134
means a performance-based multilevel system of teaching positions	3135
or compensation levels within a school district or district	3136
building.	3137

The Educator Standards Board established by this act and the	3138
Department of Education jointly shall develop a proposal for a	3139
career ladder program. The Educator Standards Board and the	3140
Department also shall determine the estimated cost of implementing	3141
the proposal and how the Department would reallocate its resources	3142
to cover the costs of implementation. Within eighteen months after	3143
the Educator Standards Board convenes for its initial meeting, the	3144
Board and the Department shall make a report to the General	3145
Assembly describing their proposal for a career ladder program,	3146
including estimated costs for implementation and the manner in	3147
which the Department would pay for those costs.	3148

Section 5. The Department of Education and the Ohio Board of	3149
Regents shall develop a proposal for a pilot program between a	3150
school district and a college or university that is approved to	3151
offer teacher preparation programs pursuant to section 3319.23 of	3152
the Revised Code. The pilot program shall encourage the college or	3153
university's faculty to spend more time in the school district's	3154
buildings and classrooms and engage in other clinical experiences.	3155
In addition, participation in the pilot program shall require a	3156
college or university to provide incentives for faculty to share	3157
what they have learned from the pilot program with their	3158
colleagues through publications and other learning experiences.	3159

The Department of Education shall study, using an appropriate	3160
research method, the effectiveness of the pilot program, if	3161
implemented, and shall report its findings to the General Assembly	3162
within one year after the program is implemented.	3163

Section 6. The Educator Standards Board established by this	3164
act shall work with the Ohio Teacher Education and Licensure	3165
Advisory Commission to transition the duties formerly performed by	3166
the Commission to the Educator Standards Board.	3167

Section 7. Within ninety days of the effective date of this	3168
section, the Ohio Department of Education shall develop a	3169
definition of a "hard to staff" school. In defining this term, the	3170
Department shall examine whether a school:	3171

(A) Has difficulty recruiting and retaining high quality	3172
school personnel, as determined by the Department;	3173

(B) Has a high number of teachers who are teaching	3174
out-of-field, as determined by the Department;	3175

(C) Has high student poverty, as determined by the	3176
Department;	3177

(D) Has a high number of students who do not attain at least	3178
a proficient score on the tests prescribed in section 3301.0710 or	3179
3301.0712 of the Revised Code;	3180

(E) Has a significant achievement gap among various groups of	3181
students.	3182

In addition, the Department shall consider definitions and	3183
models used by other states.	3184

The Department shall identify schools that meet the	3185
definition developed under this section and shall publish the list	3186
of those schools on the Department's web site.	3187

Section 8. At such time as sufficient funding is available,	3188
the Department of Education shall develop a pilot project in not	3189
fewer than two school districts selected by the Department, each	3190
of which contain a "hard to staff" school as that term is defined	3191
by the Department. One of the selected districts shall be an urban	3192
school district and one shall be a rural school district.	3193

The Department shall study, using an appropriate research	3194
method, the effectiveness of the pilot project and shall report	3195
its findings to the General Assembly within one year after the	3196
pilot project is implemented.	3197

The selected districts shall use any funds allocated under	3198
the pilot project for one or more of the following purposes:	3199

(A) The use of instructional specialists to mentor and	3200
support classroom teachers;	3201

(B) The use of building managers to supervise the	3202
administrative functions of school operation so that a school	3203
principal can focus on supporting instruction, providing	3204
instructional leadership, and engaging teachers as part of the	3205
instructional leadership team;	3206

(C) The reconfiguration of school leadership structure in a	3207
manner that allows teachers to serve in leadership roles so that	3208
teachers may share the responsibility for making and implementing	3209
school decisions;	3210

(D) The adoption of new models for restructuring the school	3211
day or school year, such as including teacher planning and	3212
collaboration time as part of the school day;	3213

(E) The creation of smaller schools or smaller units within	3214
larger schools for the purpose of facilitating teacher	3215
collaboration to improve and advance the professional practice of	3216
teaching;	3217

(F) The implementation of "grow your own" recruitment	3218
strategies that are designed to assist individuals who show a	3219
commitment to education become licensed teachers, to assist	3220
experienced teachers obtain licensure in subject areas for which	3221
there is need, and to assist teachers in becoming principals;	3222

(G) The provision of better conditions for new teachers, such	3223
as reduced teaching load and reduced class size;	3224

(H) The provision of incentives to attract qualified	3225
mathematics, science, or special education teachers;	3226

(I) The development and implementation of a partnership with	3227
teacher preparation programs at colleges and universities to help	3228
attract teachers qualified to teach in shortage areas;	3229

(J) The implementation of a program to increase the cultural	3230
competency of both new and veteran teachers;	3231

(K) The implementation of a program to increase the subject	3232
matter competency of veteran teachers.	3233

Section 9. Notwithstanding section 3301.0711 of the Revised	3234
Code, as amended by this act, the requirement that the Department	3235
of Education send scores from the proficiency and achievement	3236
tests administered in May to each school district board not later	3237
than the fifteenth day of June shall first apply in the 2004-2005	3238
school year.	3239

Section 10. Upon the effective date of this section, the	3240
State Board of Education shall forthwith begin procedures for the	3241
adoption of a rule that complies with section 3319.303 of the	3242
Revised Code, as enacted by this act, so that the rule is	3243
effective at the earliest possible date provided for by law.	3244

Section 11. Representatives from the College of Food,	3245
Agricultural, and Environmental Sciences and the College of	3246
Education of The Ohio State University shall make a presentation	3247
to the Educator Standards Board established by this act. The	3248
presentation shall familiarize the Educator Standards Board with	3249
the model developed by the College of Food, Agricultural, and	3250
Environmental Sciences and the College of Education for aligning	3251
teacher preparation programs in agricultural education with	3252
recognized standards and instruct the Board about how to apply	3253
that model to aligning teacher preparation programs in Ohio with	3254
standards developed by the Board pursuant to section 3319.61 of	3255
the Revised Code, as enacted by this act.	3256

Section 12. That Sections 11, 12, 13, and 14 of Am. Sub. H.B.	3257
3 of the 125th General Assembly be amended to read as follows:	3258

Sec. 11. The Legislative Office of Education Oversight shall	3259
conduct a study that evaluates the correlation between students'	3260
race and class and academic achievement, particularly. To the	3261
extent possible, the Office shall use existing data on district	3262
wealth to make a variety of comparisons, including comparing the	3263
academic achievement of low-income, African-American and Hispanic	3264
students with that of middle-class, white students. In conducting	3265
the study, the Office shall use at least five years of data	3266
collected and maintained by the Ohio Department of Education. The	3267
study shall focus on the academic achievement of students in the	3268
fourth, sixth, and ninth grades. The Office shall submit the final	3269
results of the study to the General Assembly not later than	3270
September 30, 2004.	3271

Sec. 12. The Legislative Office of Education Oversight shall	3272
conduct a study of the intervention services required to be	3273
provided by school districts under sections 3301.0711, 3313.608,	3274
and 3313.6012 of the Revised Code. If any diagnostic assessment is	3275
administered by school districts in accordance with section	3276
3301.0715 of the Revised Code in the school year beginning July 1,	3277
2003, the Office also shall include the intervention services	3278
required by that section in the study. In conducting the study,	3279
the Office shall examine each of the following issues:	3280

(A) The types of intervention services that districts are	3281
currently providing to students;	3282

(B) The manner in which the Department of Education informs	3283
districts of their obligation to provide intervention services and	3284
assists the districts in developing appropriate intervention	3285
strategies;	3286

(C) The manner in which the Department tracks compliance by	3287
school districts with requirements to provide intervention	3288
services;	3289

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

3290

(E) Whether there are any intervention services that	3291
districts are not providing due to insufficient funding.	3292

The Office shall issue a written report of its findings to	3293
the General Assembly not later than DecemberMarch 31, 20042005.	3294

Sec. 13. The Legislative Office of Education Oversight shall	3295
conduct a study of the performance of students in the Class of	3296
2007 on the Ohio Graduation Tests prescribed by division (B) of	3297
section 3301.0710 of the Revised Code to determine how well	3298
students meet the statewide academic standards developed pursuant	3299
to section 3301.079 of the Revised Code. The study shall include	3300
all students who enter the ninth grade in the school year	3301
beginning July 1, 2003; the Office shall not exclude from any	3302
analysis students who leave school prior to graduation. In	3303
conducting the study, the Office shall determine the number of	3304
such students who attain a score at the proficient level on all	3305
five of the Ohio Graduation Tests by June 30, 2007. To the extent	3306
possible, the Office also shall determine the number of such	3307
students who satisfy the alternative conditions described in	3308
section 3313.615 of the Revised Code for meeting the testing	3309
requirement to be eligible for a diploma. The Office shall issue	3310
annual written reports in June 2006 and June 2007 to the General	3311
Assembly, and shall issue a final, comprehensive written report of	3312
its findings to the General Assembly not later than December 31,	3313
2007June 30, 2008.	3314

Sec. 14. The Legislative Office of Education Oversight shall	3315
conduct a study that reviews the progress of school districts and	3316
the Department of Education in hiring highly qualified teachers in	3317
the core subject areas of English, reading, language arts,	3318
mathematics, science, foreign language, civics and government,	3319
economics, arts, history, and geography, as required by Title I of	3320
the "No Child Left Behind Act," Pub. L. No. 107-110. The study	3321
shall evaluate, over a five-year period, all of the following:	3322

(A) The progress of individual school districts in complying	3323
with the highly qualified teacher requirement;	3324

(B) Whether the definition of "highly qualified teacher"	3325
adopted by the State Board of Education complies with the "No	3326
Child Left Behind Act";	3327

(C) The efforts of the Department of Education in assisting	3328
school districts to comply with the "No Child Left Behind Act's"	3329
requirement, and in monitoring the progress of school districts in	3330
ensuring highly qualified teachers are employed in core subject	3331
areas.	3332

The Office shall submit three interim reports of its findings	3333
to the General Assembly. The first interim report, due September	3334
30, 2005, shall evaluate compliance with the highly qualified	3335
teacher requirement in the 2002-2003 and 2003-2004 school years,	3336
the. The second interim report, due September 30, 2006, shall	3337
evaluate compliance with the requirement in the 2004-2005 school	3338
year, and the. The third interim report, due September 30, 2007,	3339
shall evaluate compliance with the requirement in the 2005-2006	3340
school year. A final report shall be submitted to the General	3341
Assembly, not later than September 30, 2008, that evaluates	3342
compliance in the 2006-2007 school year and the prior four school	3343
years.	3344

Section 13. That existing Sections 11, 12, 13, and 14 of Am.	3345
Sub. H.B. 3 of the 125th General Assembly are hereby repealed.	3346

Section 14. That Sections 41.03, 41.05, 41.10, 41.19, 41.33,	3347
146, and 152 of Am. Sub. H.B. 95 of the 125th General Assembly be	3348
amended to read as follows:	3349

Sec. 41.03. PROFESSIONAL DEVELOPMENT

3350

The foregoing appropriation item 200-410, Professional	3351
Development, shall be used to fund professional development	3352
programs in Ohio. The Ohio Department of Education shall, where	3353
possible, incorporate cultural competency as a component of	3354
professional development and actively promote the development of	3355
cultural competency in the operation of its professional	3356
development programs. As used in this section, "cultural	3357
competency" has the meaning specified by the Educator Standards	3358
Board under section 3319.61 of the Revised Code.	3359

Of the foregoing appropriation item 200-410, Professional	3360
Development, $5,200,000 in fiscal year 2004 shall be used by the	3361
Department of Education to support a statewide comprehensive	3362
system of regional professional development centers that support	3363
local educators' ability to foster academic achievement in the	3364
students they serve. Of the foregoing appropriation item 200-410,	3365
Professional Development, $5,200,000 in fiscal year 2005 shall be	3366
used by the regional education delivery system. Before releasing	3367
these funds in fiscal year 2005, the Department of Education shall	3368
submit a spending plan to the Controlling Board. The release of	3369
the funds is contingent on Controlling Board approval of the	3370
spending plan. Both the regional professional development centers	3371
in fiscal year 2004 and the regional education delivery system in	3372
fiscal year 2005 shall include training that assists educators,	3373
school leadership, and technical assistance providers in	3374
understanding and implementing standards-based education, data	3375
analysis, and development of assessment systems for quality	3376
instruction.	3377

Of the foregoing appropriation item 200-410, Professional	3378
Development, $7,079,625 in fiscal year 2004 and $7,329,625 in	3379
fiscal year 2005 shall be used by the Department of Education to	3380
provide grants to pay $2,000 of the application fee in order to	3381
assist teachers from public and chartered nonpublic schools	3382
applying for the first time to the National Board for Professional	3383
Teaching Standards for professional teaching certificates or	3384
licenses that the board offers. This set aside shall also be used	3385
to recognize and reward teachers who become certified by the	3386
National Board for Professional Teaching Standards pursuant to	3387
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	3388
year of this set aside may be used by the Department to pay for	3389
costs associated with activities to support candidates through the	3390
application and certification process.	3391

These moneys shall be used to pay up to the first 500	3392
applications in fiscal year 2004 and the first 400 applications in	3393
fiscal year 2005 received by the Department.	3394

Of the foregoing appropriation item 200-410, Professional	3395
Development, up to $10,442,358 in each fiscal year shall be	3396
allocated for entry year programs. These funds shall be used to	3397
support mentoring services and performance assessments of	3398
beginning teachers in school districts and chartered nonpublic	3399
schools.	3400

Of the foregoing appropriation item 200-410, Professional	3401
Development, up to $188,090 in each fiscal year shall be used to	3402
provide technical assistance and grants for districts to develop	3403
local knowledge/skills-based compensation systems. Each district	3404
receiving grants shall issue an annual report to the Department of	3405
Education detailing the use of the funds and the impact of the	3406
system developed by the district.	3407

Of the foregoing appropriation item 200-410, Professional	3408
Development, up to $670,000 in each fiscal year shall be used for	3409
training and professional development of school administrators,	3410
school treasurers, and school business officials.	3411

Of the foregoing appropriation item 200-410, Professional	3412
Development, $144,000 in each fiscal year shall be used by the	3413
Department of Education to develop a supply and demand report that	3414
describes the availability of quality educators and critical	3415
educator shortage areas in Ohio.	3416

Of the foregoing appropriation item 200-410, Professional	3417
Development, $1,056,000 in each fiscal year shall be used for	3418
educator recruitment programs targeting special need areas,	3419
including recruiting highly qualified minority candidates into	3420
teaching, recruiting prospective mathematics and science teachers,	3421
and targeting other areas of special need.	3422

Of the foregoing appropriation item 200-410, Professional	3423
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	3424
year 2005 shall be used to support the Ohio University Leadership	3425
Program.	3426

Of the foregoing appropriation item 200-410, Professional	3427
Development, $4,650,000 in each fiscal year 2004 shall be	3428
allocated by the Department of Education on a per pupil basis, to	3429
school districts in academic emergency at any time in 2003, and	3430
$4,650,000 in fiscal year 2005 shall be allocated by the	3431
Department of Education, on a per pupil basis, to school districts	3432
with a three-year average graduation rate of not more than	3433
seventy-five per cent. As used in this section, "three-year	3434
average" and "graduation rate" have the meanings specified in	3435
section 3302.01 of the Revised Code. These funds shall be used by	3436
the districts to provide an equivalent of five days of ongoing	3437
embedded professional development for classroom teachers who	3438
provide instruction in the subject areas of reading, writing,	3439
mathematics, science, or social studies to students enrolled in	3440
the ninth or tenth grade. This professional development shall	3441
focus on developing subject competency, developing cultural	3442
competency, developing skills for analyzing test data, and	3443
developing data-based intervention strategies to prepare students	3444
below grade level to pass the Ohio Graduation Test. Districts	3445
shall submit a research-based, professional development plan for	3446
five days of embedded professional development to the Department	3447
of Education prior to receiving funds. The plan shall detail how	3448
ninth and tenth grade teachers will learn and implement classroom	3449
strategies for students to reach state standards in mathematics,	3450
reading, writing, social studies, and science.	3451

Sec. 41.05. SCHOOL IMPROVEMENT INITIATIVES

3452

Of the foregoing appropriation item 200-431, School	3453
Improvement Initiatives, $10,505,625 in each fiscal year shall be	3454
used to provide technical assistance to school districts that are	3455
declared to be in a state of academic watch or academic emergency	3456
under section 3302.03 of the Revised Code to provide support to	3457
districts in the development and implementation of their	3458
continuous improvement plans as required in section 3302.04 of the	3459
Revised Code and to provide technical assistance and support in	3460
accordance with Title I of the "No Child Left Behind Act of 2001,"	3461
115 Stat. 1425, 20 U.S.C. 6317.	3462

Of the foregoing appropriation item 200-431, School	3463
Improvement Initiatives, up to $350,000 in each fiscal year shall	3464
be used to reduce the dropout rate by addressing the academic and	3465
social problems of inner-city students through Project GRAD.	3466

Of the foregoing appropriation item 200-431, School	3467
Improvement Initiatives, $50,000 in each fiscal year shall be used	3468
to support LEAF.	3469

READING/WRITING/MATH IMPROVEMENT

3470

Of the foregoing appropriation item 200-433,	3471
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	3472
year shall be used for professional development in literacy for	3473
classroom teachers, administrators, and literacy specialists, and	3474
to provide intensive summer training for mathematics teachers.	3475

Of the foregoing appropriation item 200-433,	3476
Reading/Writing/Math Improvement, $250,000 in each fiscal year	3477
shall be used to continue the Waterford Early Reading Program.	3478

Of the foregoing appropriation item 200-433,	3479
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	3480
year shall be used by the Department of Education to fund the	3481
Reading Recovery Training Network, to cover the cost of release	3482
time for the teacher trainers, and to provide grants to districts	3483
to implement other reading improvement programs on a pilot basis.	3484
Funds from this appropriation item also may be used to conduct	3485
evaluations of the impact and effectiveness of Reading Recovery	3486
and other reading improvement programs.	3487

The remainder of appropriation item 200-433,	3488
Reading/Writing/Math Improvement, shall be used to support	3489
standards-based classroom reading and writing instruction and	3490
reading intervention and the design/development of standards-based	3491
literacy curriculum materials; to support literacy professional	3492
development partnerships between the Department of Education,	3493
higher education institutions, the literacy specialists project,	3494
the Ohio principals' literacy network, regional literacy teams,	3495
literacy networks, and school districts.	3496

STUDENT ASSESSMENT

3497

Of the foregoing appropriation item 200-437, Student	3498
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	3499
year 2005 shall be used by the Department of Education to train	3500
school district personnel to score the practice version of the	3501
Ohio Graduation Test to be taken by students enrolled in the ninth	3502
grade in school districts that are in academic watch or academic	3503
emergency or that have a three-year average graduation rate of not	3504
more than seventy-five per cent pursuant to sections 3301.0710 and	3505
3301.0711 of the Revised Code. As used in this section,	3506
"three-year average" and "graduation rate" have the same meanings	3507
as in section 3302.01 of the Revised Code.	3508

The remainder of appropriation item 200-437, Student	3509
Assessment, shall be used to develop, field test, print,	3510
distribute, score, report results, and support other associated	3511
costs for the tests required under sections 3301.0710 and	3512
3301.0711 of the Revised Code and for similar purposes as required	3513
by section 3301.27 of the Revised Code.	3514

ACCOUNTABILITY/REPORT CARDS

3515

The foregoing appropriation item 200-439,	3516
Accountability/Report Cards, shall be used for the development of	3517
an accountability system that includes the preparation and	3518
distribution of school report cards pursuant to section 3302.03 of	3519
the Revised Code.	3520

AMERICAN SIGN LANGUAGE

3521

Of the foregoing appropriation item 200-441, American Sign	3522
Language, up to $136,943 in each fiscal year shall be used to	3523
implement pilot projects for the integration of American Sign	3524
Language deaf language into the kindergarten through twelfth-grade	3525
curriculum.	3526

The remainder of the appropriation shall be used by the	3527
Department of Education to provide supervision and consultation to	3528
school districts in dealing with parents of children who are deaf	3529
or hard of hearing, in integrating American Sign Language as a	3530
foreign language, and in obtaining interpreters and improving	3531
their skills.	3532

CHILD CARE LICENSING

3533

The foregoing appropriation item 200-442, Child Care	3534
Licensing, shall be used by the Department of Education to license	3535
and to inspect preschool and school-age child care programs in	3536
accordance with sections 3301.52 to 3301.59 of the Revised Code.	3537

OHIOREADS ADMIN/VOLUNTEER SUPPORT

3538

The foregoing appropriation item 200-445, OhioReads	3539
Admin/Volunteer Support, may be allocated by the OhioReads Office	3540
in the Department of Education at the direction of the OhioReads	3541
Council for volunteer coordinators in public school buildings, to	3542
educational service centers for costs associated with volunteer	3543
coordination, for background checks for volunteers, to evaluate	3544
the OhioReads Program, and for operating expenses associated with	3545
administering the program.	3546

Sec. 41.10.  ADULT LITERACY EDUCATION

3547

The foregoing appropriation item 200-509, Adult Literacy	3548
Education, shall be used to support adult basic and literacy	3549
education instructional programs and the State Literacy Resource	3550
Center Program.	3551

Of the foregoing appropriation item 200-509, Adult Literacy	3552
Education, up to $519,188 in each fiscal year shall be used for	3553
the support and operation of the State Literacy Resource Center.	3554

Of the foregoing appropriation item 200-509, Adult Literacy	3555
Education, $146,250 in each fiscal year shall be used to support	3556
initiatives for English as a second language programs in	3557
combination with citizenship. Funding shall be provided to	3558
organizations that received such funds during fiscal year 2003	3559
from appropriation item 200-570, School Improvement Incentive	3560
Grants.	3561

The remainder of the appropriation shall be used to continue	3562
to satisfy the state match and maintenance of effort requirements	3563
for the support and operation of the Department of	3564
Education-administered instructional grant program for adult basic	3565
and literacy education in accordance with the department's state	3566
plan for adult basic and literacy education as approved by the	3567
State Board of Education and the Secretary of the United States	3568
Department of Education.	3569

AUXILIARY SERVICES

3570

The foregoing appropriation item 200-511, Auxiliary Services,	3571
shall be used by the Department of Education for the purpose of	3572
implementing section 3317.06 of the Revised Code. Of the	3573
appropriation, up to $1,462,500 in each fiscal year may be used	3574
for payment of the Post-Secondary Enrollment Options Program for	3575
nonpublic students pursuant to section 3365.10 of the Revised	3576
Code.	3577

STUDENT INTERVENTION SERVICES

3578

Of the foregoing appropriation item 200-513, Student	3579
Intervention Services, $3,700,000 in fiscal year 2004 and	3580
$5,900,000 in fiscal year 2005 shall be allocated by the	3581
Department of Education, on a per pupil basis, to school districts	3582
in academic emergency at any time in 2003, and $5,900,000 in	3583
fiscal year 2005 shall be allocated by the Department of	3584
Education, on a per pupil basis, to school districts with a	3585
three-year average graduation rate of not more than seventy-five	3586
per cent. As used in this section, "three-year average" and	3587
"graduation rate" have the meanings specified in section 3302.01	3588
of the Revised Code. Districts shall use these funds for salaries,	3589
materials, and training to provide after-school, in-school,	3590
Saturday school, summer school, or other related intervention	3591
programs to students as specified in division (D)(2) of section	3592
3301.0711 of the Revised Code. In fiscal year 2004 these programs	3593
shall be provided to students enrolled in the ninth grade. In	3594
fiscal year 2005, these programs shall be provided to students	3595
enrolled in the ninth and tenth grades. At the end of each fiscal	3596
year, the school districts receiving these funds shall report to	3597
the Department of Education the number of students who were	3598
offered intervention, the number of students who participated, and	3599
the number of students who completed the intervention program, and	3600
shall provide an evaluation of the impact of the intervention on	3601
students.	3602

Of the foregoing appropriation item 200-513, Student	3603
Intervention Services, $150,000 in each fiscal year shall be used	3604
for Read Baby Read.	3605

The remainder of appropriation item 200-513, Student	3606
Intervention Services, shall be used to assist districts providing	3607
the intervention services specified in section 3313.608 of the	3608
Revised Code. The Department of Education shall establish	3609
guidelines for the use and distribution of these moneys. School	3610
districts receiving funds from this appropriation shall report to	3611
the Department of Education on how funds were used.	3612

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

3613

Of the foregoing appropriation item 200-514, Postsecondary	3614
Adult Career-Technical Education, $40,000 in each fiscal year	3615
shall be used for the statewide coordination of the activities of	3616
the Ohio Young Farmers.	3617

The remainder of appropriation item 200-514, Postsecondary	3618
Adult Career-Technical Education, shall be used by the State Board	3619
of Education to provide postsecondary adult career-technical	3620
education under sections 3313.52 and 3313.53 of the Revised Code.	3621

DISADVANTAGED PUPIL IMPACT AID

3622

The Department of Education shall pay Disadvantaged Pupil	3623
Impact Aid (DPIA) in fiscal years 2004 and 2005 in accordance with	3624
section 3317.029 of the Revised Code to each school district that	3625
did not receive any DPIA allocation in fiscal year 2003 because	3626
its DPIA index in that fiscal year was less than 0.35 and it did	3627
not qualify for a DPIA guarantee payment. However, the Department	3628
shall calculate each such district's DPIA index and DPIA student	3629
count in each fiscal year based solely on Ohio Works First data	3630
certified for the district by the Department of Job and Family	3631
Services. Each district receiving payment under this paragraph	3632
shall comply with all expenditure guidelines and restrictions of	3633
section 3317.029 of the Revised Code.	3634

Notwithstanding the distribution formula outlined in section	3635
3317.029 of the Revised Code, each school district that received a	3636
DPIA allocation in fiscal year 2003 shall receive an additional	3637
two per cent in Disadvantaged Pupil Impact Aid (DPIA)DPIA funding	3638
in fiscal year 2004 over what was received in fiscal year 2003	3639
unless the district receivesreceived DPIA funding from the DPIA	3640
guarantee provision pursuant to division (B) of section 3317.029	3641
of the Revised Code in fiscal year 2003. For such a district, its	3642
DPIA funding in fiscal year 2004 shall equal the amount of DPIA	3643
funding the district received in fiscal year 2003.	3644

Notwithstanding the distribution formula outlined in section	3645
3317.029 of the Revised Code, each school district that received a	3646
DPIA allocation in fiscal year 2003 shall receive an additional	3647
two per cent in DPIA funding in fiscal year 2005 over what was	3648
received in fiscal year 2004 unless the district receivesreceived	3649
DPIA funding from the DPIA guarantee provision pursuant to	3650
division (B) of section 3317.029 of the Revised Code in fiscal	3651
year 2003. For such a district, its DPIA funding in fiscal year	3652
2005 shall equal the amount of DPIA funding the district received	3653
in fiscal year 2004.	3654

School districts whose DPIA allocations are calculated under	3655
the preceding two paragraphs must continue to comply with all	3656
expenditure guidelines and restrictions outlined in divisions (F),	3657
(G), (I), and (K) of section 3317.029 of the Revised Code by	3658
assuming a two per cent increase in funds for each program	3659
outlined in divisions (C), (D), and (E) of section 3317.029 of the	3660
Revised Code and by assuming a DPIA index equivalent to the index	3661
calculated in fiscal year 2003.	3662

The Department of Education shall pay all-day, everyday	3663
kindergarten funding to all school districts in each fiscal year	3664
that qualified for and provided the service in fiscal year 2003	3665
pursuant to section 3317.029 of the Revised Code. School districts	3666
and community schools that did not have a DPIA allocation in	3667
fiscal year 2003 shall not receive an allocation in fiscal year	3668
2004 or fiscal year 2005.	3669

Of the foregoing appropriation item 200-520, Disadvantaged	3670
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	3671
used for school breakfast programs. Of this amount, up to	3672
$1,000,000 shall be used in each fiscal year by the Department of	3673
Education for the purpose of increasing participation in child	3674
nutrition programs, particularly school breakfast and summer	3675
meals. The Department shall collaborate with the Children's Hunger	3676
Alliance in the outreach effort. The remainder of the	3677
appropriation shall be used to partially reimburse school	3678
buildings within school districts that are required to have a	3679
school breakfast program pursuant to section 3313.813 of the	3680
Revised Code, at a rate decided by the Department.	3681

Of the foregoing appropriation item 200-520, Disadvantaged	3682
Pupil Impact Aid, $4,500,000 in fiscal year 2004 and $6,000,000 in	3683
fiscal year 2005 shall be used to operate the school choice	3684
program in the Cleveland Municipal School District pursuant to	3685
sections 3313.974 to 3313.979 of the Revised Code.	3686

Of the portion of the funds distributed to the Cleveland	3687
Municipal School District under this section, up to $11,901,887 in	3688
each fiscal year shall be used to operate the school choice	3689
program in the Cleveland Municipal School District pursuant to	3690
sections 3313.974 to 3313.979 of the Revised Code.	3691

Sec. 41.19. HEAD START PLUS/HEAD START

3692

There is hereby established the Title IV-A Head Start Program	3693
to be administered by the Department of Education in accordance	3694
with an interagency agreement entered into with the Department of	3695
Job and Family Services under division (A)(2) of section 5101.801	3696
of the Revised Code. The program shall provide benefits and	3697
services to TANF eligible individuals pursuant to the requirements	3698
of section 5101.801 of the Revised Code. Upon approval by the	3699
Department of Job and Family Services, the Department of Education	3700
shall adopt policies and procedures establishing program	3701
requirements for eligibility, services, fiscal accountability, and	3702
other criteria necessary to comply with the provisions of Title	3703
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	3704
301, as amended.	3705

The foregoing appropriation item 200-663, Head Start	3706
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	3707
Plus and Title IV-A Head Start programs for services to children.	3708
The Department of Education shall administer the Title IV-A Head	3709
Start Plus and Title IV-A Head Start programs in accordance with	3710
an interagency agreement between the Departments of Education and	3711
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	3712
Head Start providers shall meet all requirements as outlined in	3713
section 3301.311 of the Revised Code. The Department of Education	3714
shall adopt policies and procedures to establish a procedure for	3715
approving Title IV-A Head Start Plus and Title IV-A Head Start	3716
agencies.	3717

Of the foregoing appropriation item 200-663, Head Start	3718
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	3719
used to support the Title IV-A Head Start program. Up to two	3720
percent of this amount may be used by the Department of Education	3721
to provide associated program support and technical assistance.	3722

Of the foregoing appropriation item 200-663, Head Start	3723
Plus/Head Start, up to $83,457,126$86,600,000 in fiscal year 2005	3724
shall be used to support the Title IV-A Head Start Plus	3725
initiative. Title IV-A Head Start Plus shall provide up to 10,000	3726
slots of full-day, full-year programming for children at least	3727
three years of age and not kindergarten age eligible. The program	3728
shall meet the child care needs of low-income families who meet	3729
eligibility requirements established in rules and administrative	3730
orders adopted by the Ohio Department of Job and Family Services	3731
and provide early education and comprehensive services as provided	3732
through the Head Start program before the enactment of this act.	3733

Of the foregoing appropriation item 200-663, Head Start	3734
Plus/Head Start, up to $22,763,177$19,584,000 in fiscal year 2005	3735
shall be used to support the Title IV-A Head Start program. This	3736
funding shall be used to support up to 4,000 slots of traditional	3737
half-day center-based, home-based, combination, or	3738
locally-designed option, Title IV-A Head Start services.	3739

Of the foregoing appropriation line item 200-663, Head Start	3740
Plus/Head Start, up to $1,963,697$2,000,000 in fiscal year 2005	3741
may be used by the Department of Education to provide associated	3742
program support and technical assistance.	3743

For purposes of this section, "eligible child" means a child	3744
who is at least three years of age, has not entered kindergarten,	3745
and is not of compulsory school age whose family earns not more	3746
than 100 per centpercent of the federal poverty level, except as	3747
otherwise provided in the following paragraph.	3748

The Department of Education, in consultation with Title IV-A	3749
Head Start agencies and, beginning in July 1, 2004, Title IV-A	3750
Head Start Plus agencies, shall establish criteria under which	3751
these agencies may apply to the Department for a waiver to include	3752
as "eligible children" those children from families earning up to	3753
the level of eligibility established for child care subsidy by the	3754
Department of Job and Family Services who otherwise qualify as	3755
"eligible children" under the preceding paragraph.	3756

In fiscal year 2004, in order to serve children whose	3757
families receive child care subsidy and whose incomes do not	3758
exceed the income eligibility requirement for child care subsidy,	3759
Title IV-A Head Start agencies may enroll children whose families	3760
receive this child care subsidy from the Ohio Department of Job	3761
and Family Services, if they partner with child care centers or	3762
family day-care homes, where appropriate. This provision is to	3763
meet the child care needs of low-income families who are working,	3764
in training or education programs, or participating in Ohio Works	3765
First approved activities.	3766

The Department of Education shall conduct a head count of the	3767
number of children served by Head Start agencies under this	3768
program in December 2003 and in December 2004. Any funding	3769
appropriated to this program in fiscal year 2005, which the	3770
Department of Education projects is not necessary to provide	3771
services to children enrolled as of the head count taken in	3772
December 2004 shall be returned to the Department of Job and	3773
Family Services for use as child care assistance.	3774

The Department of Education shall provide an annual report to	3775
the Governor, the Speaker of the House of Representatives, the	3776
President of the Senate, the State Board of Education, Title IV-A	3777
Head Start Plus and Title IV-A Head Start providers, and other	3778
interested parties regarding the Title IV-A Head Start Plus and	3779
Title IV-A Head Start program and performance indicators as	3780
outlined by the Department of Education.	3781

AUXILIARY SERVICES REIMBURSEMENT

3782

Notwithstanding section 3317.064 of the Revised Code, if the	3783
unobligated cash balance is sufficient, the Treasurer of State	3784
shall transfer $1,500,000 in fiscal year 2004 within thirty days	3785
after the effective date of this sectionJune 26, 2003, and	3786
$1,500,000 in fiscal year 2005 by August 1, 2004, from the	3787
Auxiliary Services Personnel Unemployment Compensation Fund to the	3788
Department of Education's Auxiliary Services Reimbursement Fund	3789
(Fund 598).	3790

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

3791

(1) "Entitled to attend school" means entitled to attend	3792
school in a school district under section 3313.64 and 3313.65 of	3793
the Revised Code.	3794

(2) "Formula ADM" and "category six special education ADM"	3795
have the same meanings as in section 3317.02 of the Revised Code.	3796

(3) "Individualized education program" has the same meaning	3797
as in section 3323.01 of the Revised Code.	3798

(4) "Parent" has the same meaning as in section 3313.64 of	3799
the Revised Code.	3800

(5) "Qualified special education child" is a child for whom	3801
all of the following conditions apply:	3802

(a) The school district in which the child is entitled to	3803
attend school has identified the child as autistic;	3804

(b) The school district in which the child is entitled to	3805
attend school has developed an individualized education program	3806
under Chapter 3323. of the Revised Code for the child;	3807

(c) The child either:

3808

(i) Was enrolled in the school district in which the child is	3809
entitled to attend school in any grade from preschool through	3810
twelve in the school year prior to the year in which a scholarship	3811
under this section is first sought for the child;	3812

(ii) Is eligible to enter school in any grade preschool	3813
through twelve in the school district in which the child is	3814
entitled to attend school in the school year in which a	3815
scholarship under this section is first sought for the child.	3816

(6) "Registered private provider" means a nonpublic school or	3817
other nonpublic entity that has been approved by the Department of	3818
Education to participate in the program established under this	3819
section.	3820

(B) There is hereby established the Pilot Project Special	3821
Education Scholarship Program. Under the program, in fiscal years	3822
2004 and 2005, the Department of Education shall pay a scholarship	3823
to the parent of each qualified special education child upon	3824
application of that parent pursuant to procedures and deadlines	3825
established by rule of the State Board of Education. Each	3826
scholarship shall be used only to pay tuition for the child on	3827
whose behalf the scholarship is awarded to attend a special	3828
education program that implements the child's individualized	3829
education program and that is operated by a school district other	3830
than the school district in which the child is entitled to attend	3831
school or by another public entity, to either of which under law	3832
the parent is required to pay tuition on behalf of the child, or	3833
by a registered private provider. Each scholarship shall be in an	3834
amount not to exceed the lesser of the tuition charged for the	3835
child by the special education program or fifteen thousand	3836
dollars. The purpose of the scholarship is to permit the parent of	3837
a qualified special education child the choice to send the child	3838
to a special education program, instead of, or in addition to, the	3839
one operated by or for the school district in which the child is	3840
entitled to attend school, to receive the services prescribed in	3841
the child's individualized education program once the	3842
individualized education program is finalized. A scholarship under	3843
this section shall not be awarded to the parent of a child while	3844
the child's individualized education program is being developed by	3845
the school district in which the child is entitled to attend	3846
school, or while any administrative or judicial mediation or	3847
proceedings with respect to the content of the child's	3848
individualized education program are pending. A scholarship under	3849
this section shall not be awarded to the parent of a child who	3850
attends a public special education program under a contract,	3851
compact, or other bilateral agreement between the school district	3852
in which the child is entitled to attend school and another school	3853
district or other public provider or to the parent of a child who	3854
attends a community school established under Chapter 3314. of the	3855
Revised Code. A child attending a special education program with a	3856
scholarship under this section shall continue to be entitled to	3857
transportation to and from that program in the manner prescribed	3858
by law.	3859

(C)(1) Notwithstanding anything to the contrary in the	3860
Revised Code, a child for whom a scholarship is awarded under this	3861
section shall be counted in the formula ADM and the category six	3862
special education ADM of the district in which the child is	3863
entitled to attend school and not in the formula ADM and the	3864
category six special education ADM of any other school district.	3865

(2) In each fiscal year, the Department shall deduct from the	3866
amounts paid to each school district under Chapter 3317. of the	3867
Revised Code, and, if necessary, sections 321.24 and 323.156 of	3868
the Revised Code, the aggregate amount of scholarships awarded	3869
under this section for qualified special education children	3870
included in the formula ADM and category six special education ADM	3871
of that school district as provided in division (C)(1) of this	3872
section. The scholarships deducted shall be considered as an	3873
approved special education and related services expense for the	3874
purpose of the school district's compliance with division (C)(5)	3875
of section 3317.022 of the Revised Code.	3876

(3) From time to time, the Department shall make a payment to	3877
the parent of each qualified special education child for whom a	3878
scholarship has been awarded under this section. The scholarship	3879
amount shall be proportionately reduced in the case of any such	3880
child who is not enrolled in the special education program for	3881
which a scholarship was awarded under this section for the entire	3882
school year. The Department shall make no payments to the parent	3883
of a child while any administrative or judicial mediation or	3884
proceedings with respect to the content of the child's	3885
individualized education program are pending.	3886

(D) A scholarship shall not be paid to a parent for payment	3887
of tuition owed to a nonpublic entity unless that entity is a	3888
registered private provider. The Department shall approve entities	3889
that meet the standards established by rule of the State Board for	3890
the program established under this section.	3891

(E) The State Board shall adopt rules in accordance with	3892
Chapter 119. of the Revised Code prescribing procedures necessary	3893
to implement this section, including, but not limited to,	3894
procedures and deadlines for parents to apply for scholarships,	3895
standards for registered private providers, and procedures for	3896
approval of entities as registered private providers. The Board	3897
shall adopt the rules so that the program established under this	3898
section is operational by January 1, 2004.	3899

(F) The Legislative Office of Education Oversight shall	3900
conduct a formative evaluation of the program established under	3901
this section and shall report its findings to the General Assembly	3902
not later than March 1, 2005. In conducting the evaluation, the	3903
Office shall to the extent possible gather comments from parents	3904
who have been awarded scholarships under the program, school	3905
district officials, representatives of registered private	3906
providers, educators, and representatives of educational	3907
organizations for inclusion in the report required under this	3908
section.	3909

Sec. 146.  (A) In September of 2003(1) Within thirty days	3910
after the effective date of this amendment, each school district	3911
that has been declared to be under an academic watch or in a state	3912
of academic emergency pursuant to section 3302.03 of the Revised	3913
Code at any time in 2003 or that has a three-year average	3914
graduation rate of not more than seventy-five per cent shall	3915
administer a half-length practice version of eachthe reading and	3916
mathematics Ohio Graduation TestTests prescribed by division (B)	3917
of section 3301.0710 of the Revised Code to all ninth grade	3918
students enrolled in the district. EachThe district also shall	3919
assess all ninth grade students in each subject area of writing,	3920
science, and social studies to determine the students'	3921
preparedness for the Ohio Graduation Tests in those subject areas.	3922
The manner in which these assessments are conducted may be	3923
determined by the district, school, or individual teachers.	3924

(2) In September of 2004, each school district that has been	3925
declared to be under an academic watch or in a state of academic	3926
emergency pursuant to section 3302.03 of the Revised Code or that	3927
has a three-year average graduation rate of not more than	3928
seventy-five per cent shall administer a half-length practice	3929
version of each Ohio Graduation Test to all ninth grade students	3930
enrolled in the district, except that if the Department of	3931
Education has made a full-length practice version of any Ohio	3932
Graduation Test available to the district, the district shall	3933
administer the full-length practice version of the test instead.	3934

(3) Each district shall determine the dates, times, and	3935
method of administering the tests and assessments required by	3936
division (A) of this section to students and shall score the tests	3937
and assessments.	3938

(B) EachIn the 2003-2004 school year, each district declared	3939
to be in a state of academic emergency pursuant to section 3302.03	3940
of the Revised Code at any time in 2003 and, in the 2004-2005	3941
school year, each district that has a three-year average	3942
graduation rate of not more than seventy-five per cent shall	3943
determine for each high school in the district whether the school	3944
shall be required to provide intervention services in accordance	3945
with this division to any students who took the tests or	3946
assessments required by division (A) of this section. In	3947
determining which high schools shall provide intervention services	3948
based upon available funding, the district shall consider each	3949
school's graduation rate and scores on the practice tests or	3950
assessments.	3951

Each high school selected to provide intervention services	3952
under this division shall provide intervention services to	3953
students whose practice test or assessment results indicate that	3954
they are failing to make satisfactory progress toward being able	3955
to attain scores at the proficient level on the Ohio Graduation	3956
Tests. Intervention services shall be provided in any skill in	3957
which a student demonstrates unsatisfactory progress and shall be	3958
commensurate with the student's test or assessment performance.	3959
Schools shall provide the intervention services prior to the end	3960
of the school year, during the summer following the ninth grade,	3961
in the next succeeding school year, or at any combination of those	3962
times.	3963

(C) As used in this section, "three-year average" and	3964
"graduation rate" have the same meanings as in section 3302.01 of	3965
the Revised Code.	3966

Sec. 152. (A) There is hereby created the Ohio Autism Task	3967
Force consisting of the following members:	3968

(1) All of the following persons to be appointed by the	3969
Governor:	3970

(a) A person diagnosed with autism;

3971

(b) Four persons who are parents of children diagnosed with	3972
autism;	3973

(c) A special education administrator of an Ohio school	3974
district;	3975

(d) A representative of the Ohio Association of County Boards	3976
of Mental Retardation and Developmental Disabilities;	3977

(e) A representative of the Ohio Developmental Disabilities	3978
Council;	3979

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

3980

(g) A developmental pediatrician who is a member of the Ohio	3981
Association of Pediatricians;	3982

(h) Two representatives from private schools in Ohio that	3983
provide special education services to children diagnosed with	3984
autism;	3985

(i) Two representatives from Ohio hospitals that provide	3986
services to children diagnosed with autism.	3987

(2) Two members of the House of Representatives, one from the	3988
majority party and one from the minority party, appointed by the	3989
Speaker of the House of Representatives;	3990

(3) Two members of the Senate, one from the majority party	3991
and one from the minority party, appointed by the President of the	3992
Senate;	3993

(4) The Director of Mental Retardation and Developmental	3994
Disabilities or the Director's designee;	3995

(5) The Director of Job and Family Services or the Director's	3996
designee;	3997

(6) The Superintendent of Public Instruction or the	3998
Superintendent's designee;	3999

(7) The Director of Health or the Director's designee.

4000

(B) All appointments and designations to the Task Force shall	4001
be made not later than thirty days after the effective date of	4002
this section. Any vacancy that occurs on the Task Force shall be	4003
filled in the same manner as the original appointment. The members	4004
of the Task Force shall serve without compensation.	4005

(C) The initial meeting of the Task Force shall be held not	4006
later than sixty days after the effective date of this section. At	4007
its initial meeting, the Task Force shall elect from its	4008
membership a chairperson and other officers it considers	4009
necessary. Thereafter, the Task Force shall meet on the call of	4010
the chairperson.	4011

(D) The Department of Mental Retardation and Developmental	4012
Disabilities shall provide meeting facilities and other support as	4013
necessary for the Task Force.	4014

(E) The Task Force shall study and make recommendations	4015
regarding both of the following:	4016

(1)The(1) The growing incidence of autism in Ohio;

4017

(2)Ways(2) Ways to improve the delivery in this state of	4018
autism services.	4019

(F) Not later than one year after the effective date of this	4020
sectionNovember 26, 2004, the Task Force shall submit a written	4021
report of its recommendations to the Governor, the Speaker of the	4022
House of Representatives, and the President of the Senate.	4023

(G) On submission of its report, the Task Force shall cease	4024
to exist.	4025

Section 15. That existing Sections 41.03, 41.05, 41.10,	4026
41.19, 41.33, 146, and 152 of Am. Sub. H.B. 95 of the 125th	4027
General Assembly are hereby repealed.	4028

Section 16. (A) As used in this section:

4029

(1) "All-day kindergarten" and "kindergarten through third	4030
grade ADM" have the same meanings as in section 3317.029 of the	4031
Revised Code.	4032

(2) "DPIA reduction factor," "entitled to attend school," and	4033
"SF-3 payment" have the same meanings as in section 3314.08 of the	4034
Revised Code.	4035

(3) "Guarantee payment" means the total amount of	4036
disadvantaged pupil impact aid paid, under section 3317.029 of the	4037
Revised Code and Section 41.10 of Am. Sub. H.B. 95 of the 125th	4038
General Assembly, as amended, to a school district that is	4039
guaranteed to receive such aid equal to the amount the district	4040
received in fiscal year 1998 pursuant to division (B) of section	4041
3317.023 of the Revised Code as it existed at that time.	4042

(4) "OWF student count" means the five-year average of the	4043
total number of children ages five to seventeen residing in a	4044
school district whose families receive assistance under the Ohio	4045
Works First program, based on data most recently certified by the	4046
Department of Job and Family Services.	4047

(B) Notwithstanding divisions (C)(4), (C)(5), (D)(5), and	4048
(D)(6) of section 3314.08 and section 3314.13 of the Revised Code,	4049
in fiscal years 2004 and 2005 the Department of Education shall	4050
pay disadvantaged pupil impact aid to community schools in	4051
accordance with this section. This section stipulates the General	4052
Assembly's intent for paying DPIA to community schools in	4053
recognition of the 2% DPIA increase granted to school districts in	4054
each of those years by Section 41.10 of Am. Sub. H.B. 95 of the	4055
125th General Assembly, as amended.	4056

(C)(1) In each of fiscal years 2004 and 2005, the Department	4057
shall pay each community school a per pupil amount for each	4058
student enrolled in the community school who meets both of the	4059
following criteria:	4060

(a) The student is entitled to attend school in a school	4061
district that received a DPIA guarantee payment under division (B)	4062
of section 3317.029 of the Revised Code in fiscal year 2003;	4063

(b) The student's family receives assistance under the Ohio	4064
Works First program.	4065

(2) Subject to division (E) of this section, the per pupil	4066
payment in each fiscal year under division (C)(1) of this section	4067
shall equal the quotient of the DPIA guarantee payment to the	4068
school district where the student is entitled to attend school	4069
divided by that district's OWF student count, adjusted by any DPIA	4070
reduction factor of the community school.	4071

(D)(1) In each of fiscal years 2004 and 2005, the Department	4072
shall pay each community school a per pupil amount for each	4073
student enrolled in the community school who meets both of the	4074
following criteria:	4075

(a) The student is entitled to attend school in a school	4076
district that either received a DPIA safety and remediation	4077
payment under division (C) of section 3317.029 of the Revised Code	4078
in fiscal year 2003 or, if it did not, receives a safety and	4079
remediation payment under that division in the current fiscal year	4080
pursuant to the first paragraph under the heading "DISADVANTAGED	4081
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4082
125th General Assembly, as amended;	4083

(b) The student's family receives assistance under the Ohio	4084
Works First program.	4085

(2) Except as provided in division (D)(4) of this section,	4086
and subject to division (E) of this section, the per pupil payment	4087
in fiscal year 2004 under division (D)(1) of this section shall	4088
equal the following quotient, adjusted by any DPIA reduction	4089
factor of the community school:	4090

(a) The fiscal year 2003 DPIA safety and remediation payment	4091
under division (C) of section 3317.029 of the Revised Code to the	4092
school district where the student is entitled to attend school,	4093
times 102%; divided by	4094

(b) That district's OWF student count.

4095

(3) Except as provided in division (D)(4) of this section,	4096
and subject to division (E) of this section, the per pupil payment	4097
in fiscal year 2005 under division (D)(1) of this section shall	4098
equal the following quotient, adjusted by any DPIA reduction	4099
factor of the community school:	4100

(a) The product calculated under division (D)(2)(a) of this	4101
section for the school district where the student is entitled to	4102
attend school, times 102%; divided by	4103

(b) That district's OWF student count.

4104

(4) Subject to division (E) of this section, for each	4105
community school student who is entitled to attend school in a	4106
school district that receives a DPIA safety and remediation	4107
payment under division (C) of section 3317.029 of the Revised Code	4108
pursuant to the first paragraph under the heading "DISADVANTAGED	4109
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4110
125th General Assembly, as amended, the per pupil payment in each	4111
fiscal year under division (D)(1) of this section shall equal the	4112
quotient of the safety and remediation payment to the school	4113
district for the current fiscal year divided by that district's	4114
OWF student count, adjusted by any DPIA reduction factor of the	4115
community school.	4116

(E) Payments under divisions (C) and (D) of this section	4117
shall be calculated based on Ohio Works First data certified to	4118
the Department of Education by the Department of Job and Family	4119
Services and community schools in the spring of the fiscal year.	4120
However, for each community school that operated in the prior	4121
fiscal year, the Department of Education shall make estimated	4122
payments based on data certified for the prior fiscal year until	4123
data is certified in the spring, and shall recalculate the	4124
payments for the entire fiscal year after the data is certified in	4125
the spring. For each community school commencing its first year of	4126
operation, the Department shall not make payments under those	4127
divisions in the community school's first fiscal year until the	4128
spring of the fiscal year, after the community school and the	4129
Department of Job and Family Services have certified the Ohio	4130
Works First data.	4131

(F)(1) In each of fiscal years 2004 and 2005, the Department	4132
of Education shall pay each community school a per pupil amount	4133
for each student enrolled in the community school who meets all of	4134
the following criteria:	4135

(a) The student is entitled to attend school in a school	4136
district that either received a DPIA class-size reduction payment	4137
under division (E) of section 3317.029 of the Revised Code in	4138
fiscal year 2003 or, if it did not, receives a class-size	4139
reduction payment under that division in the current fiscal year	4140
pursuant to the first paragraph under the heading "DISADVANTAGED	4141
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4142
125th General Assembly, as amended;	4143

(b) The student is enrolled in the community school in	4144
kindergarten or first, second, or third grade;	4145

(c) The student is not receiving special education and	4146
related services under an individualized education program, as	4147
defined in section 3323.01 of the Revised Code.	4148

(2) Except as provided in divisions (F)(4) and (5) of this	4149
section, the per pupil payment in fiscal year 2004 under division	4150
(F)(1) of this section shall equal the following quotient,	4151
adjusted by any DPIA reduction factor of the community school:	4152

(a) The fiscal year 2003 DPIA class-size reduction payment	4153
under division (E) of section 3317.029 of the Revised Code to the	4154
school district where the student is entitled to attend school,	4155
times 102%; divided by	4156

(b) That district's fiscal year 2004 kindergarten through	4157
third grade ADM.	4158

(3) Except as provided in divisions (F)(4) and (5) of this	4159
section, the per pupil payment in fiscal year 2005 under division	4160
(F)(1) of this section shall equal the following quotient,	4161
adjusted by any DPIA reduction factor of the community school:	4162

(a) The product calculated under division (F)(2)(a) of this	4163
section for the school district where the student is entitled to	4164
attend school, times 102%; divided by	4165

(b) That district's fiscal year 2005 kindergarten through	4166
third grade ADM.	4167

(4) Except as provided in division (F)(5) of this section,	4168
for each community school student who is entitled to attend school	4169
in a school district that receives a DPIA class-size reduction	4170
payment under division (E) of section 3317.029 of the Revised Code	4171
pursuant to the first paragraph under the heading "DISADVANTAGED	4172
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4173
125th General Assembly, as amended, the per pupil payment in each	4174
fiscal year under division (F)(1) of this section shall equal the	4175
quotient of the class-size reduction payment to the school	4176
district for the current fiscal year divided by that district's	4177
kindergarten through third grade ADM for the current fiscal year,	4178
adjusted by any DPIA reduction factor of the community school.	4179

(5) The Department shall pay only 50% of the per pupil	4180
payment prescribed in divisions (F)(2), (3), and (4) of this	4181
section for each qualifying community school student who is	4182
enrolled in a kindergarten class that is not all-day kindergarten.	4183

(G)(1) In each of fiscal years 2004 and 2005, the Department	4184
shall pay each community school a per pupil amount for each	4185
student enrolled in the community school who meets both of the	4186
following criteria:	4187

(a) The student is entitled to attend school in a school	4188
district that was eligible in fiscal year 2003 to receive an	4189
all-day kindergarten payment under division (D) of section	4190
3317.029 of the Revised Code or Section 44.12 of Am. Sub. H.B. 94	4191
of the 124th General Assembly if it offered all-day kindergarten,	4192
regardless of whether the district actually received a payment	4193
under either section for all-day kindergarten;	4194

(b) The student is enrolled in the community school in	4195
all-day kindergarten.	4196

(2) Except as provided in division (G)(4) of this section,	4197
the per pupil payment in fiscal year 2004 under division (G)(1) of	4198
this section shall equal the following quotient:	4199

(a) The fiscal year 2003 DPIA all-day kindergarten payment to	4200
the school district where the student is entitled to attend	4201
school, times 102%; divided by	4202

(b) The number of students entitled to attend school in that	4203
district who are enrolled in all-day kindergarten in the school	4204
district or in a community school in fiscal year 2004.	4205

(3) Except as provided in division (G)(4) of this section,	4206
the per pupil payment in fiscal year 2005 under division (G)(1) of	4207
this section shall equal the following quotient:	4208

(a) The product calculated under division (G)(2)(a) of this	4209
section for the school district where the student is entitled to	4210
attend school, times 102%; divided by	4211

(b) The number of students entitled to attend school in that	4212
district who are enrolled in all-day kindergarten in the school	4213
district or in a community school in fiscal year 2005.	4214

(4) For each community school student enrolled in all-day	4215
kindergarten who is entitled to attend school in a district that	4216
was eligible in fiscal year 2003 to receive an all-day	4217
kindergarten payment under division (D) of section 3317.029 of the	4218
Revised Code or Section 44.12 of Am. Sub. H.B. 94 of the 124th	4219
General Assembly if it offered all-day kindergarten, but did not	4220
actually receive a payment under either section for all-day	4221
kindergarten, the per pupil amount under division (G)(1) shall be:	4222

(a) In fiscal year 2004, one-half of the formula amount	4223
prescribed by section 3317.012 of the Revised Code for fiscal year	4224
2003, times 102%;	4225

(b) In fiscal year 2005, the product calculated under	4226
division (G)(4)(a) of this section, times 102%.	4227

(H) The Department shall deduct each per pupil payment to a	4228
community school under divisions (C) to (F) of this section from	4229
the SF-3 payment to the school district in which the student is	4230
entitled to attend school. With respect to all-day kindergarten	4231
payments under division (G) of this section:	4232

(1) If the student for whom payment is made is entitled to	4233
attend school in a district that received an all-day kindergarten	4234
payment in fiscal year 2003, the Department shall deduct the	4235
payment from the SF-3 payment to the school district.	4236

(2) If the student for whom payment is made is entitled to	4237
attend school in a district that was eligible to receive an	4238
all-day kindergarten payment in fiscal year 2003 if it offered	4239
all-day kindergarten, but did not receive an all-day kindergarten	4240
payment that year, the Department shall pay the community school	4241
from the amount appropriated to the Department in appropriation	4242
item 200-520, Disadvantaged Pupil Impact Aid.	4243

(I) For purposes of determining the number of students for	4244
which divisions (C) and (D) of this section apply in either fiscal	4245
year, community schools and the Department of Job and Family	4246
Services shall comply with division (K) of section 3314.08 of the	4247
Revised Code.	4248

(J) The Department of Education shall adjust payments under	4249
this section to reflect any enrollment of students in community	4250
schools for less than the equivalent of a full school year, as	4251
required by division (L) of section 3314.08 and division (D) of	4252
section 3314.13 of the Revised Code. The Department shall apply	4253
division (N) of section 3314.08 of the Revised Code to payments	4254
under this section.	4255

Section 17. Sections 41.03, 41.05, 41.10, 41.19, 41.33, and	4256
146 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended	4257
in this act, and Section 16 of this act, and the items of law of	4258
which those sections as amended or enacted in this act are	4259
composed, are not subject to the referendum. Therefore, under Ohio	4260
Constitution, Article II, Section 1d and section 1.471 of the	4261
Revised Code, Sections 41.03, 41.05, 41.10, 41.19, 41.33, and 146	4262
of Am. Sub. H.B. 95 of the 125th General Assembly, as amended in	4263
this act, and Section 16 of this act, and the items of law of	4264
which those sections as amended or enacted in this act are	4265
composed, go into immediate effect when this act becomes law.	4266

Section 18.  Section 3301.0710 of the Revised Code is	4267
presented in this act as a composite of the section as amended by	4268
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4269
Assembly. The General Assembly, applying the principle stated in	4270
division (B) of section 1.52 of the Revised Code that amendments	4271
are to be harmonized if reasonably capable of simultaneous	4272
operation, finds that the composite is the resulting version of	4273
the section in effect prior to the effective date of the section	4274
as presented in this act.	4275

Section 19.  Section 3301.0711 of the Revised Code is	4276
presented in this act as a composite of the section as amended by	4277
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4278
Assembly. The General Assembly, applying the principle stated in	4279
division (B) of section 1.52 of the Revised Code that amendments	4280
are to be harmonized if reasonably capable of simultaneous	4281
operation, finds that the composite is the resulting version of	4282
the section in effect prior to the effective date of the section	4283
as presented in this act.	4284

Section 20. Section 3318.031 of the Revised Code is presented	4285
in this act as a composite of the section as amended by both Sub.	4286
H.B. 248 and H.B. 675 of the 124th General Assembly. The General	4287
Assembly, applying the principle stated in division (B) of section	4288
1.52 of the Revised Code that amendments are to be harmonized if	4289
reasonably capable of simultaneous operation, finds that the	4290
composite is the resulting version of the section in effect prior	4291
to the effective date of the section as presented in this act.	4292

Section 21.  Section 3319.39 of the Revised Code is presented	4293
in this act as a composite of the section as amended by Am. Sub.	4294
H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230 of the 121st	4295
General Assembly. The General Assembly, applying the principle	4296
stated in division (B) of section 1.52 of the Revised Code that	4297
amendments are to be harmonized if reasonably capable of	4298
simultaneous operation, finds that the composite is the resulting	4299
version of the section in effect prior to the effective date of	4300
the section as presented in this act.	4301