SENATORS Robert Gardner, Prentiss, Mumper, Goodman, Harris, Spada, Carnes, Blessing, Armbruster, Miller, Roberts, Stivers, Zurz, Dann, Hagan, Brady

To amend sections 3301.079, 3301.0710, 3301.0711,

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3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04,

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3307.01, 3313.28, 3313.53, 3318.031, 3319.09,

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3319.11, 3319.111, 3319.22, 3319.225, 3319.23,

4

3319.26, 3319.29, 3319.291, 3319.31, 3319.311,

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3319.36, 3319.39, 3319.51, and 3333.38; to enact

6

sections 3319.075, 3319.112, 3319.25, 3319.261,

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3319.27, 3319.303, 3319.56, 3319.57, 3319.60,

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3319.61, 3319.62, 3319.65, and 3333.161; to repeal

9

sections 3301.801, 3314.12, and 3319.28 of the

10

Revised Code; to amend Sections 11, 12, 13, and 14

11

of Am. Sub. H.B. 3 of the 125th General Assembly;

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and to amend Sections 41.03, 41.05, 41.10, and 146

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

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to implement recommendations of the Governor's

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Commission on Teaching Success and to revise the

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laws with respect to the teaching profession,

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academic standards, and other education policies.

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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,	19
3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04, 3307.01,	20
3313.28, 3313.53, 3318.031, 3319.09, 3319.11, 3319.111, 3319.22,	21
3319.225, 3319.23, 3319.26, 3319.29, 3319.291, 3319.31, 3319.311,	22
3319.36, 3319.39, 3319.51, and 3333.38 be amended and sections	23
3319.075, 3319.112, 3319.25, 3319.261, 3319.27, 3319.303, 3319.56,	24
3319.57, 3319.60, 3319.61, 3319.62, 3319.65, and 3333.161 of the	25
Revised Code be enacted to read as follows:	26

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	27
state board of education shall adopt statewide academic standards	28
for each of grades kindergarten through twelve in reading,	29
writing, and mathematics. Not later than December 31, 2002, the	30
state board shall adopt statewide academic standards for each of	31
grades kindergarten through twelve in science and social studies.	32
The standards shall specify the academic content and skills that	33
students are expected to know and be able to do at each grade	34
level.	35

(2) When academic standards have been completed for any	36
subject area required by this division, the state board shall	37
inform all school districts of the content of those standards.	38

(B) Not later than eighteen months after the completion of	39
academic standards for any subject area required by division (A)	40
of this section, the state board shall adopt a model curriculum	41
for instruction in that subject area for each of grades	42
kindergarten through twelve that is sufficient to meet the needs	43
of students in every community. The model curriculum shall be	44
aligned with the standards to ensure that the academic content and	45
skills specified for each grade level are taught to students. When	46
any model curriculum has been completed, the state board shall	47
inform all school districts of the content of that model	48
curriculum.	49

All school districts may utilize the state standards and the	50
model curriculum established by the state board, together with	51
other relevant resources, examples, or models to ensure that	52
students have the opportunity to attain the academic standards.	53
Upon request, the department of education shall provide technical	54
assistance to any district in implementing the model curriculum.	55

Nothing in this section requires any school district to	56
utilize all or any part of a model curriculum developed under this	57
division.	58

(C) The state board shall develop achievement tests aligned	59
with the academic standards and model curriculum for each of the	60
subject areas and grade levels required by section 3301.0710 of	61
the Revised Code.	62

When any achievement test has been completed, the state board	63
shall inform all school districts of its completion, and the	64
department of education shall make the achievement test available	65
to the districts. School districts shall administer the	66
achievement test beginning in the school year indicated in section	67
3301.0712 of the Revised Code.	68

(D)(1) Not later than July 1, 20072008, and except as	69
provided in division (D)(3) of this section, the state board shall	70
adopt a diagnostic assessment aligned with the academic standards	71
and model curriculum for each of grades kindergarten through two	72
in reading, writing, and mathematics and for each of grades three	73
through eight in reading, writing, mathematics, science, and	74
social studies. The diagnostic assessment shall be designed to	75
measure student comprehension of academic content and mastery of	76
related skills for the relevant subject area and grade level. Any	77
diagnostic assessment shall not include components to identify	78
gifted students. Blank copies of diagnostic tests shall be public	79
records.	80

(2) When each diagnostic assessment has been completed, the	81
state board shall inform all school districts of its completion	82
and the department of education shall make the diagnostic	83
assessment available to the districts at no cost to the district.	84
School districts shall administer the diagnostic assessment	85
pursuant to section 3301.0715 of the Revised Code beginning the	86
first school year following the development of the assessment.	87

(3) The state board shall not adopt a diagnostic assessment	88
for any subject area and grade level for which the state board	89
develops an achievement test under division (C) of this section.	90

(E) Whenever the state board or the department of education	91
consults with persons for the purpose of drafting or reviewing any	92
standards, diagnostic assessments, achievement tests, or model	93
curriculum required under this section, the state board or the	94
department shall first consult with parents of students in	95
kindergarten through twelfth grade and with active Ohio classroom	96
teachers, other school personnel, and administrators with	97
expertise in the appropriate subject area. Whenever practicable,	98
the state board and department shall consult with teachers	99
recognized as outstanding in their fields.	100

If the department contracts with more than one outside entity	101
for the development of the achievement tests required by this	102
section, the department shall ensure the interchangeability of	103
those tests.	104

(F) The fairness sensitivity review committee, established by	105
rule of the state board of education, shall not allow any question	106
on any achievement test or diagnostic assessment developed under	107
this section or any proficiency test prescribed by former section	108
3301.0710 of the Revised Code, as it existed prior to September	109
11, 2001, to include, be written to promote, or inquire as to	110
individual moral or social values or beliefs. The decision of the	111
committee shall be final. This section does not create a private	112
cause of action.	113

Sec. 3301.0710.  The state board of education shall adopt	114
rules establishing a statewide program to test student	115
achievement. The state board shall ensure that all tests	116
administered under the testing program are aligned with the	117
academic standards and model curricula adopted by the state board	118
and are created with input from Ohio parents, Ohio classroom	119
teachers, Ohio school administrators, and other Ohio school	120
personnel pursuant to section 3301.079 of the Revised Code.	121

The testing program shall be designed to ensure that students	122
who receive a high school diploma demonstrate at least high school	123
levels of achievement in reading, writing, mathematics, science,	124
and social studies.	125

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

126

(a) Two statewide achievement tests, one each designed to	127
measure the level of reading and mathematics skill expected at the	128
end of third grade;	129

(b) Three statewide achievement tests, one each designed to	130
measure the level of reading, writing, and mathematics skill	131
expected at the end of fourth grade;	132

(c) Four statewide achievement tests, one each designed to	133
measure the level of reading, mathematics, science, and social	134
studies skill expected at the end of fifth grade;	135

(d) Two statewide achievement tests, one each designed to	136
measure the level of reading and mathematics skill expected at the	137
end of sixth grade;	138

(e) Three statewide achievement tests, one each designed to	139
measure the level of reading, writing, and mathematics skill	140
expected at the end of seventh grade;	141

(f) Four statewide achievement tests, one each designed to	142
measure the level of reading, mathematics, science, and social	143
studies skill expected at the end of eighth grade.	144

(2) The state board shall determine and designate at least	145
five ranges of scores on each of the achievement tests described	146
in divisions (A)(1) and (B) of this section. Each range of scores	147
shall be deemed to demonstrate a level of achievement so that any	148
student attaining a score within such range has achieved one of	149
the following:	150

(a) An advanced level of skill;

151

(b) An accelerated level of skill;

152

(c) A proficient level of skill;

153

(d) A basic level of skill;

154

(e) A limited level of skill.

155

(B) The tests prescribed under this division shall	156
collectively be known as the Ohio graduation tests. The state	157
board shall prescribe five statewide high school achievement	158
tests, one each designed to measure the level of reading, writing,	159
mathematics, science, and social studies skill expected at the end	160
of tenth grade. The state board shall designate a score in at	161
least the range designated under division (A)(2)(c) of this	162
section on each such test that shall be deemed to be a passing	163
score on the test as a condition toward granting high school	164
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	165
of the Revised Code.	166

The state board may enter into a reciprocal agreement with	167
the appropriate body or agency of any other state that has similar	168
statewide achievement testing requirements for receiving high	169
school diplomas, under which any student who has met an	170
achievement testing requirement of one state is recognized as	171
having met the similar achievement testing requirement of the	172
other state for purposes of receiving a high school diploma. For	173
purposes of this section and sections 3301.0711 and 3313.61 of the	174
Revised Code, any student enrolled in any public high school in	175
this state who has met an achievement testing requirement	176
specified in a reciprocal agreement entered into under this	177
division shall be deemed to have attained at least the applicable	178
score designated under this division on each test required by this	179
division that is specified in the agreement.	180

(C) The state board shall annually designate as follows the	181
dates on which the tests prescribed under this section shall be	182
administered:	183

(1) For the reading test prescribed under division (A)(1)(a)	184
of this section, as follows:	185

(a) One date prior to the thirty-first day of December each	186
school year;	187

(b) At least one date of each school year that is not earlier	188
than Monday of the week containing the eighth day of March;	189

(c) One date during the summer that is not later than Friday	190
of the week containing the tenth day of July for students	191
receiving summer remediation services under section 3313.608 of	192
the Revised Code.	193

(2) For the mathematics test prescribed under division	194
(A)(1)(a) of this section and the tests prescribed under divisions	195
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	196
date of each school year that is not earlier than Monday of the	197
week containing the eighth day of March;	198

(3) For the tests prescribed under division (B) of this	199
section, at least one date in each school year that is not earlier	200
than Monday of the week containing the fifteenth day of March for	201
all tenth grade students and at least one date prior to the	202
thirty-first day of December and at least one date subsequent to	203
that date but prior to the thirty-first day of March of each	204
school year for eleventh and twelfth grade students.	205

(D) In prescribing test dates pursuant to division (C)(3) of	206
this section, the state board shall, to the greatest extent	207
practicable, provide options to school districts in the case of	208
tests administered under that division to eleventh and twelfth	209
grade students and in the case of tests administered to students	210
pursuant to division (C)(2) of section 3301.0711 of the Revised	211
Code. Such options shall include at least an opportunity for	212
school districts to give such tests outside of regular school	213
hours.	214

(E) In prescribing test dates pursuant to this section, the	215
state board of education shall designate the dates in such a way	216
as to allow a reasonable length of time between the administration	217
of tests prescribed under this section and any administration of	218
the National Assessment of Education Progress Test given to	219
students in the same grade level pursuant to section 3301.27 of	220
the Revised Code or federal law.	221

(F) The state board shall prescribe a practice version of	222
each Ohio graduation test described in division (B) of this	223
section that is of comparable length to the actual test.	224

(F)(G) Any committee established by the department of	225
education for the purpose of making recommendations to the state	226
board regarding the state board's designation of scores on the	227
tests described by this section shall inform the state board of	228
the probable percentage of students who would score in each of the	229
ranges established under division (A)(2) of this section on the	230
tests if the committee's recommendations are adopted by the state	231
board. To the extent possible, these percentages shall be	232
disaggregated by gender, major racial and ethnic groups, limited	233
English proficient students, economically disadvantaged students,	234
students with disabilities, and migrant students.	235

If the state board intends to make any change to the	236
committee's recommendations, the state board shall explain the	237
intended change to the Ohio accountability task force established	238
by section 3302.021 of the Revised Code. The task force shall	239
recommend whether the state board should proceed to adopt the	240
intended change. Nothing in this division shall require the state	241
board to designate test scores based upon the recommendations of	242
the task force.	243

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

244

(1) Annually furnish to, grade, and score all tests required	245
by section 3301.0710 of the Revised Code to be administered by	246
city, local, exempted village, and joint vocational school	247
districts, except that each district shall score any test	248
administered pursuant to division (B)(8)(10) of this section. In	249
furnishing the practice versions of Ohio graduation tests	250
prescribed by division (F) of section 3301.0710 of the Revised	251
Code, the department shall make the tests available on its website	252
web site for reproduction by districts. In awarding contracts for	253
grading tests, the department shall give preference to Ohio-based	254
entities employing Ohio residents.	255

(2) Adopt rules for the ethical use of tests and prescribing	256
the manner in which the tests prescribed by section 3301.0710 of	257
the Revised Code shall be administered to students.	258

(B) Except as provided in divisions (C) and (J) of this	259
section, the board of education of each city, local, and exempted	260
village school district shall, in accordance with rules adopted	261
under division (A) of this section:	262

(1) Administer the reading test prescribed under division	263
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	264
to all students in the third grade who have not attained the score	265
designated for that test under division (A)(2)(c) of section	266
3301.0710 of the Revised Code and once each summer to students	267
receiving summer remediation services under section 3313.608 of	268
the Revised Code.	269

(2) Administer the mathematics test prescribed under division	270
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	271
annually to all students in the third grade.	272

(3) Administer the tests prescribed under division (A)(1)(b)	273
of section 3301.0710 of the Revised Code at least once annually to	274
all students in the fourth grade.	275

(4) Administer the tests prescribed under division (A)(1)(c)	276
of section 3301.0710 of the Revised Code at least once annually to	277
all students in the fifth grade.	278

(5) Administer the tests prescribed under division (A)(1)(d)	279
of section 3301.0710 of the Revised Code at least once annually to	280
all students in the sixth grade.	281

(6) Administer the tests prescribed under division (A)(1)(e)	282
of section 3301.0710 of the Revised Code at least once annually to	283
all students in the seventh grade.	284

(7) Administer the tests prescribed under division (A)(1)(f)	285
of section 3301.0710 of the Revised Code at least once annually to	286
all students in the eighth grade.	287

(8) Except as provided in division (B)(9) of this section,	288
administer any test prescribed under division (B) of section	289
3301.0710 of the Revised Code as follows:	290

(a) At least once annually to all tenth grade students and at	291
least twice annually to all students in eleventh or twelfth grade	292
who have not yet attained the score on that test designated under	293
that division;	294

(b) To any person who has successfully completed the	295
curriculum in any high school or the individualized education	296
program developed for the person by any high school pursuant to	297
section 3323.08 of the Revised Code but has not received a high	298
school diploma and who requests to take such test, at any time	299
such test is administered in the district.	300

(9) In lieu of the board of education of any city, local, or	301
exempted village school district in which the student is also	302
enrolled, the board of a joint vocational school district shall	303
administer any test prescribed under division (B) of section	304
3301.0710 of the Revised Code at least twice annually to any	305
student enrolled in the joint vocational school district who has	306
not yet attained the score on that test designated under that	307
division. A board of a joint vocational school district may also	308
administer such a test to any student described in division	309
(B)(8)(b) of this section.	310

(8)(10) If the district has been declared to be under an	311
academic watch or in a state of academic emergency pursuant to	312
section 3302.03 of the Revised Code or has a three-year average	313
graduation rate of not more than seventy-five per cent, administer	314
each test prescribed by division (F) of section 3301.0710 of the	315
Revised Code in September to all ninth grade students, beginning	316
in the school year that starts July 1, 20042005.	317

(C)(1)(a) Any student receiving special education services	318
under Chapter 3323. of the Revised Code may be excused from taking	319
any particular test required to be administered under this section	320
if the individualized education program developed for the student	321
pursuant to section 3323.08 of the Revised Code excuses the	322
student from taking that test and instead specifies an alternate	323
assessment method approved by the department of education as	324
conforming to requirements of federal law for receipt of federal	325
funds for disadvantaged pupils. To the extent possible, the	326
individualized education program shall not excuse the student from	327
taking a test unless no reasonable accommodation can be made to	328
enable the student to take the test.	329

(b) Any alternate assessment approved by the department for a	330
student under this division shall produce measurable results	331
comparable to those produced by the tests which the alternate	332
assessments are replacing in order to allow for the student's	333
assessment results to be included in the data compiled for a	334
school district or building under section 3302.03 of the Revised	335
Code.	336

(c) Any student enrolled in a chartered nonpublic school who	337
has been identified, based on an evaluation conducted in	338
accordance with section 3323.03 of the Revised Code or section 504	339
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	340
794, as amended, as a child with a disability shall be excused	341
from taking any particular test required to be administered under	342
this section if a plan developed for the student pursuant to rules	343
adopted by the state board excuses the student from taking that	344
test. In the case of any student so excused from taking a test,	345
the chartered nonpublic school shall not prohibit the student from	346
taking the test.	347

(2) A district board may, for medical reasons or other good	348
cause, excuse a student from taking a test administered under this	349
section on the date scheduled, but any such test shall be	350
administered to such excused student not later than nine days	351
following the scheduled date. The board shall annually report the	352
number of students who have not taken one or more of the tests	353
required by this section to the state board of education not later	354
than the thirtieth day of June.	355

(3) As used in this division, "limited English proficient	356
student" has the same meaning as in 20 U.S.C. 7801.	357

No school district board shall excuse any limited English	358
proficient student from taking any particular test required to be	359
administered under this section, but a board may permit any	360
limited English proficient student to take the test with	361
appropriate accommodations, as determined by the department. For	362
each limited English proficient student, each school district	363
shall annually assess that student's progress in learning English,	364
in accordance with procedures approved by the department.	365

The governing authority of a chartered nonpublic school may	366
excuse a limited English proficient student from taking any test	367
administered under this section. However, no governing authority	368
shall prohibit a limited English proficient student from taking	369
the test.	370

(D)(1) In the school year next succeeding the school year in	371
which the tests prescribed by division (A)(1) or (B) of section	372
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	373
or (B) of section 3301.0710 of the Revised Code as it existed	374
prior to September 11, 2001, are administered to any student, the	375
board of education of any school district in which the student is	376
enrolled in that year shall provide to the student intervention	377
services commensurate with the student's test performance,	378
including any intensive intervention required under section	379
3313.608 of the Revised Code, in any skill in which the student	380
failed to demonstrate at least a score at the proficient level on	381
the test.	382

(2) Following any administration of the tests prescribed by	383
division (F) of section 3301.0710 of the Revised Code to ninth	384
grade students, each school district that has been declared to be	385
in a state of academic emergency pursuant to section 3302.03 of	386
the Revised Codea three-year average graduation rate of not more	387
than seventy-five per cent shall determine for each high school in	388
the district whether the school shall be required to provide	389
intervention services to any students who took the tests. In	390
determining which high schools shall provide intervention services	391
based on the resources available, the district shall consider each	392
school's graduation rate and scores on the practice tests. If any	393
achievement tests in reading and math are adopted by the state	394
board of education for administration in the eighth grade, theThe	395
district also shall consider the scores received by ninth grade	396
students on thosethe reading and mathematics tests prescribed	397
under division (A)(1)(f) of section 3301.0710 of the Revised Code	398
in the eighth grade in determining which high schools shall	399
provide intervention services.	400

Each high school selected to provide intervention services	401
under this division shall provide intervention services to any	402
student whose test results indicate that the student is failing to	403
make satisfactory progress toward being able to attain scores at	404
the proficient level on the Ohio Graduation Testsgraduation	405
tests. Intervention services shall be provided in any skill in	406
which a student demonstrates unsatisfactory progress and shall be	407
commensurate with the student's test performance. Schools shall	408
provide the intervention services prior to the end of the school	409
year, during the summer following the ninth grade, in the next	410
succeeding school year, or at any combination of those times.	411

(E) Except as provided in section 3313.608 of the Revised	412
Code and division (M) of this section, no school district board of	413
education shall utilize any student's failure to attain a	414
specified score on any test administered under this section as a	415
factor in any decision to deny the student promotion to a higher	416
grade level. However, a district board may choose not to promote	417
to the next grade level any student who does not take any test	418
administered under this section or make up such test as provided	419
by division (C)(2) of this section.	420

(F) No person shall be charged a fee for taking any test	421
administered under this section.	422

(G) Not later than sixty days after any administration of any	423
test prescribed by division (A)(1) or (B) of section 3301.0710 of	424
the Revised Code, the department shall send to each school	425
district board a list of the individual test scores of all persons	426
taking the test. For any tests administered under this section by	427
a joint vocational school district, the department shall also send	428
to each city, local, or exempted village school district a list of	429
the individual test scores of any students of such city, local, or	430
exempted village school district who are attending school in the	431
joint vocational school district.	432

(H) Individual test scores on any tests administered under	433
this section shall be released by a district board only in	434
accordance with section 3319.321 of the Revised Code and the rules	435
adopted under division (A) of this section. No district board or	436
its employees shall utilize individual or aggregate test results	437
in any manner that conflicts with rules for the ethical use of	438
tests adopted pursuant to division (A) of this section.	439

(I) Except as provided in division (G) of this section, the	440
department shall not release any individual test scores on any	441
test administered under this section and shall adopt rules to	442
ensure the protection of student confidentiality at all times.	443

(J) Notwithstanding division (D) of section 3311.52 of the	444
Revised Code, this section does not apply to the board of	445
education of any cooperative education school district except as	446
provided under rules adopted pursuant to this division.	447

(1) In accordance with rules that the state board of	448
education shall adopt, the board of education of any city,	449
exempted village, or local school district with territory in a	450
cooperative education school district established pursuant to	451
divisions (A) to (C) of section 3311.52 of the Revised Code may	452
enter into an agreement with the board of education of the	453
cooperative education school district for administering any test	454
prescribed under this section to students of the city, exempted	455
village, or local school district who are attending school in the	456
cooperative education school district.	457

(2) In accordance with rules that the state board of	458
education shall adopt, the board of education of any city,	459
exempted village, or local school district with territory in a	460
cooperative education school district established pursuant to	461
section 3311.521 of the Revised Code shall enter into an agreement	462
with the cooperative district that provides for the administration	463
of any test prescribed under this section to both of the	464
following:	465

(a) Students who are attending school in the cooperative	466
district and who, if the cooperative district were not	467
established, would be entitled to attend school in the city,	468
local, or exempted village school district pursuant to section	469
3313.64 or 3313.65 of the Revised Code;	470

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

471

Any testing of students pursuant to such an agreement shall	472
be in lieu of any testing of such students or persons pursuant to	473
this section.	474

(K)(1) Any chartered nonpublic school may participate in the	475
testing program by administering any of the tests prescribed by	476
section 3301.0710 or 3301.0712 of the Revised Code if the chief	477
administrator of the school specifies which tests the school	478
wishes to administer. Such specification shall be made in writing	479
to the superintendent of public instruction prior to the first day	480
of August of any school year in which tests are administered and	481
shall include a pledge that the nonpublic school will administer	482
the specified tests in the same manner as public schools are	483
required to do under this section and rules adopted by the	484
department.	485

(2) The department of education shall furnish the tests	486
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	487
to any chartered nonpublic school electing to participate under	488
this division.	489

(L)(1) The superintendent of the state school for the blind	490
and the superintendent of the state school for the deaf shall	491
administer the tests described by section 3301.0710 of the Revised	492
Code. Each superintendent shall administer the tests in the same	493
manner as district boards are required to do under this section	494
and rules adopted by the department of education and in conformity	495
with division (C)(1)(a) of this section.	496

(2) The department of education shall furnish the tests	497
described by section 3301.0710 of the Revised Code to each	498
superintendent.	499

(M) Notwithstanding division (E) of this section, a school	500
district may use a student's failure to attain a score in at least	501
the basic range on the mathematics test described by division	502
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	503
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	504
of section 3301.0710 of the Revised Code as a factor in retaining	505
that student in the current grade level.	506

(N)(1) AllThe tests required by section 3301.0710 of the	507
Revised Code shall become public records pursuant to section	508
149.43 of the Revised Code on the first day of July following the	509
school year that the test was administered, except that the	510
reading test prescribed under division (A)(1)(a) of section	511
3301.0710 of the Revised Code shall become a public record two	512
weeks after the date the other tests required by that section	513
become public records.	514

(2) The department may field test proposed test questions	515
with samples of students to determine the validity, reliability,	516
or appropriateness of test questions for possible inclusion in a	517
future year's test. The department also may use anchor questions	518
on tests to ensure that different versions of the same test are of	519
comparable difficulty.	520

Field test questions and anchor questions shall not be	521
considered in computing test scores for individual students. Field	522
test questions and anchor questions may be included as part of the	523
administration of any test required by section 3301.0710 of the	524
Revised Code.	525

(3) Any field test question or anchor question administered	526
under division (N)(2) of this section shall not be a public	527
record. Such field test questions and anchor questions shall be	528
redacted from any tests which are released as a public record	529
pursuant to division (N)(1) of this section.	530

(O) As used in this section, "three-year average" and	531
"graduation rate" have the same meanings as in section 3302.01 of	532
the Revised Code.	533

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	534
3301.0711 of the Revised Code, the state board of education shall	535
continue to prescribe and the department of education and each	536
school district shall continue to administer any proficiency test	537
in accordance with those former sections, as they existed prior to	538
September 11, 2001, until the applicable test is no longer	539
required to be administered as indicated on the chart below. When	540
any achievement test has been developed and made available in	541
accordance with section 3301.079 of the Revised Code, such	542
achievement test shall be administered to students under sections	543
3301.0710 and 3301.0711 of the Revised Code beginning in the	544
school year indicated on the chart below. School districts shall	545
continue to provide intervention services as required under former	546
division (D) of section 3301.0711 of the Revised Code, as it	547
existed prior to September 11, 2001, to students who fail to	548
attain a score in the proficient range on a fourth grade	549
proficiency test.	550

(B) Notwithstanding division (A) of this section, the state	579
board shall continue to prescribe and school districts and	580
chartered nonpublic schools shall continue to administer ninth	581
grade proficiency tests in reading, writing, mathematics, science,	582
and citizenship to students who enter ninth grade prior to July 1,	583
2003, for as long as those students remain eligible under section	584
3313.614 of the Revised Code to receive their high school diplomas	585
based on passage of those ninth grade proficiency tests.	586

Sec. 3301.0714.  (A) The state board of education shall adopt	587
rules for a statewide education management information system. The	588
rules shall require the state board to establish guidelines for	589
the establishment and maintenance of the system in accordance with	590
this section and the rules adopted under this section. The	591
guidelines shall include:	592

(1) Standards identifying and defining the types of data in	593
the system in accordance with divisions (B) and (C) of this	594
section;	595

(2) Procedures for annually collecting and reporting the data	596
to the state board in accordance with division (D) of this	597
section;	598

(3) Procedures for annually compiling the data in accordance	599
with division (G) of this section;	600

(4) Procedures for annually reporting the data to the public	601
in accordance with division (H) of this section.	602

(B) The guidelines adopted under this section shall require	603
the data maintained in the education management information system	604
to include at least the following:	605

(1) Student participation and performance data, for each	606
grade in each school district as a whole and for each grade in	607
each school building in each school district, that includes:	608

(a) The numbers of students receiving each category of	609
instructional service offered by the school district, such as	610
regular education instruction, vocational education instruction,	611
specialized instruction programs or enrichment instruction that is	612
part of the educational curriculum, instruction for gifted	613
students, instruction for handicapped students, and remedial	614
instruction. The guidelines shall require instructional services	615
under this division to be divided into discrete categories if an	616
instructional service is limited to a specific subject, a specific	617
type of student, or both, such as regular instructional services	618
in mathematics, remedial reading instructional services,	619
instructional services specifically for students gifted in	620
mathematics or some other subject area, or instructional services	621
for students with a specific type of handicap. The categories of	622
instructional services required by the guidelines under this	623
division shall be the same as the categories of instructional	624
services used in determining cost units pursuant to division	625
(C)(3) of this section.	626

(b) The numbers of students receiving support or	627
extracurricular services for each of the support services or	628
extracurricular programs offered by the school district, such as	629
counseling services, health services, and extracurricular sports	630
and fine arts programs. The categories of services required by the	631
guidelines under this division shall be the same as the categories	632
of services used in determining cost units pursuant to division	633
(C)(4)(a) of this section.	634

(c) Average student grades in each subject in grades nine	635
through twelve;	636

(d) Academic achievement levels as assessed by the testing of	637
student achievement under sections 3301.0710 and 3301.0711 of the	638
Revised Code;	639

(e) The number of students designated as having a	640
handicapping condition pursuant to division (C)(1) of section	641
3301.0711 of the Revised Code;	642

(f) The numbers of students reported to the state board	643
pursuant to division (C)(2) of section 3301.0711 of the Revised	644
Code;	645

(g) Attendance rates and the average daily attendance for the	646
year. For purposes of this division, a student shall be counted as	647
present for any field trip that is approved by the school	648
administration.	649

(h) Expulsion rates;

650

(i) Suspension rates;

651

(j) The percentage of students receiving corporal punishment;

652

(k) Dropout rates;

653

(l) Rates of retention in grade;

654

(m) For pupils in grades nine through twelve, the average	655
number of carnegie units, as calculated in accordance with state	656
board of education rules;	657

(n) Graduation rates, to be calculated in a manner specified	658
by the department of education that reflects the rate at which	659
students who were in the ninth grade three years prior to the	660
current year complete school and that is consistent with	661
nationally accepted reporting requirements;	662

(o) Results of diagnostic assessments administered to	663
kindergarten students as required under section 3301.0715 of the	664
Revised Code to permit a comparison of the academic readiness of	665
kindergarten students. However, no district shall be required to	666
report to the department the results of any diagnostic assessment	667
administered to a kindergarten student if the parent of that	668
student requests the district not to report those results.	669

(2) Personnel and classroom enrollment data for each school	670
district, including:	671

(a) The total numbers of licensed employees and nonlicensed	672
employees and the numbers of full-time equivalent licensed	673
employees and nonlicensed employees providing each category of	674
instructional service, instructional support service, and	675
administrative support service used pursuant to division (C)(3) of	676
this section. The guidelines adopted under this section shall	677
require these categories of data to be maintained for the school	678
district as a whole and, wherever applicable, for each grade in	679
the school district as a whole, for each school building as a	680
whole, and for each grade in each school building.	681

(b) The total number of employees and the number of full-time	682
equivalent employees providing each category of service used	683
pursuant to divisions (C)(4)(a) and (b) of this section, and the	684
total numbers of licensed employees and nonlicensed employees and	685
the numbers of full-time equivalent licensed employees and	686
nonlicensed employees providing each category used pursuant to	687
division (C)(4)(c) of this section. The guidelines adopted under	688
this section shall require these categories of data to be	689
maintained for the school district as a whole and, wherever	690
applicable, for each grade in the school district as a whole, for	691
each school building as a whole, and for each grade in each school	692
building.	693

(c) The total number of regular classroom teachers teaching	694
classes of regular education and the average number of pupils	695
enrolled in each such class, in each of grades kindergarten	696
through five in the district as a whole and in each school	697
building in the school district.	698

(d) The number of master teachers employed by each school	699
district and each school building, once a definition of master	700
teacher has been developed by the educator standards board	701
pursuant to section 3319.61 of the Revised Code.	702

(3)(a) Student demographic data for each school district,	703
including information regarding the gender ratio of the school	704
district's pupils, the racial make-up of the school district's	705
pupils, the number of limited English proficient students in the	706
district, and an appropriate measure of the number of the school	707
district's pupils who reside in economically disadvantaged	708
households. The demographic data shall be collected in a manner to	709
allow correlation with data collected under division (B)(1) of	710
this section. Categories for data collected pursuant to division	711
(B)(3) of this section shall conform, where appropriate, to	712
standard practices of agencies of the federal government.	713

(b) With respect to each student entering kindergarten,	714
whether the student previously participated in a public preschool	715
program, a private preschool program, or a head start program, and	716
the number of years the student participated in each of these	717
programs.	718

(4) Any data required to be collected pursuant to federal	719
law.	720

(C) The education management information system shall include	721
cost accounting data for each district as a whole and for each	722
school building in each school district. The guidelines adopted	723
under this section shall require the cost data for each school	724
district to be maintained in a system of mutually exclusive cost	725
units and shall require all of the costs of each school district	726
to be divided among the cost units. The guidelines shall require	727
the system of mutually exclusive cost units to include at least	728
the following:	729

(1) Administrative costs for the school district as a whole.	730
The guidelines shall require the cost units under this division	731
(C)(1) to be designed so that each of them may be compiled and	732
reported in terms of average expenditure per pupil in formula ADM	733
in the school district, as determined pursuant to section 3317.03	734
of the Revised Code.	735

(2) Administrative costs for each school building in the	736
school district. The guidelines shall require the cost units under	737
this division (C)(2) to be designed so that each of them may be	738
compiled and reported in terms of average expenditure per	739
full-time equivalent pupil receiving instructional or support	740
services in each building.	741

(3) Instructional services costs for each category of	742
instructional service provided directly to students and required	743
by guidelines adopted pursuant to division (B)(1)(a) of this	744
section. The guidelines shall require the cost units under	745
division (C)(3) of this section to be designed so that each of	746
them may be compiled and reported in terms of average expenditure	747
per pupil receiving the service in the school district as a whole	748
and average expenditure per pupil receiving the service in each	749
building in the school district and in terms of a total cost for	750
each category of service and, as a breakdown of the total cost, a	751
cost for each of the following components:	752

(a) The cost of each instructional services category required	753
by guidelines adopted under division (B)(1)(a) of this section	754
that is provided directly to students by a classroom teacher;	755

(b) The cost of the instructional support services, such as	756
services provided by a speech-language pathologist, classroom	757
aide, multimedia aide, or librarian, provided directly to students	758
in conjunction with each instructional services category;	759

(c) The cost of the administrative support services related	760
to each instructional services category, such as the cost of	761
personnel that develop the curriculum for the instructional	762
services category and the cost of personnel supervising or	763
coordinating the delivery of the instructional services category.	764

(4) Support or extracurricular services costs for each	765
category of service directly provided to students and required by	766
guidelines adopted pursuant to division (B)(1)(b) of this section.	767
The guidelines shall require the cost units under division (C)(4)	768
of this section to be designed so that each of them may be	769
compiled and reported in terms of average expenditure per pupil	770
receiving the service in the school district as a whole and	771
average expenditure per pupil receiving the service in each	772
building in the school district and in terms of a total cost for	773
each category of service and, as a breakdown of the total cost, a	774
cost for each of the following components:	775

(a) The cost of each support or extracurricular services	776
category required by guidelines adopted under division (B)(1)(b)	777
of this section that is provided directly to students by a	778
licensed employee, such as services provided by a guidance	779
counselor or any services provided by a licensed employee under a	780
supplemental contract;	781

(b) The cost of each such services category provided directly	782
to students by a nonlicensed employee, such as janitorial	783
services, cafeteria services, or services of a sports trainer;	784

(c) The cost of the administrative services related to each	785
services category in division (C)(4)(a) or (b) of this section,	786
such as the cost of any licensed or nonlicensed employees that	787
develop, supervise, coordinate, or otherwise are involved in	788
administering or aiding the delivery of each services category.	789

(D)(1) The guidelines adopted under this section shall	790
require school districts to collect information about individual	791
students, staff members, or both in connection with any data	792
required by division (B) or (C) of this section or other reporting	793
requirements established in the Revised Code. The guidelines may	794
also require school districts to report information about	795
individual staff members in connection with any data required by	796
division (B) or (C) of this section or other reporting	797
requirements established in the Revised Code. The guidelines shall	798
not authorize school districts to request social security numbers	799
of individual students. The guidelines shall prohibit the	800
reporting under this section of a student's name, address, and	801
social security number to the state board of education or the	802
department of education. The guidelines shall also prohibit the	803
reporting under this section of any personally identifiable	804
information about any student, except for the purpose of assigning	805
the data verification code required by division (D)(2) of this	806
section, to any other person unless such person is employed by the	807
school district or the data acquisition site operated under	808
section 3301.075 of the Revised Code and is authorized by the	809
district or acquisition site to have access to such information.	810
The guidelines may require school districts to provide the social	811
security numbers of individual staff members.	812

(2) The guidelines shall provide for each school district or	813
community school to assign a data verification code that is unique	814
on a statewide basis over time to each student whose initial Ohio	815
enrollment is in that district or school and to report all	816
required individual student data for that student utilizing such	817
code. The guidelines shall also provide for assigning data	818
verification codes to all students enrolled in districts or	819
community schools on the effective date of the guidelines	820
established under this section.	821

Individual student data shall be reported to the department	822
through the data acquisition sites utilizing the code but at no	823
time shall the state board or the department have access to	824
information that would enable any data verification code to be	825
matched to personally identifiable student data.	826

Each school district shall ensure that the data verification	827
code is included in the student's records reported to any	828
subsequent school district or community school in which the	829
student enrolls. Any such subsequent district or school shall	830
utilize the same identifier in its reporting of data under this	831
section.	832

(E) The guidelines adopted under this section may require	833
school districts to collect and report data, information, or	834
reports other than that described in divisions (A), (B), and (C)	835
of this section for the purpose of complying with other reporting	836
requirements established in the Revised Code. The other data,	837
information, or reports may be maintained in the education	838
management information system but are not required to be compiled	839
as part of the profile formats required under division (G) of this	840
section or the annual statewide report required under division (H)	841
of this section.	842

(F) Beginning with the school year that begins July 1, 1991,	843
the board of education of each school district shall annually	844
collect and report to the state board, in accordance with the	845
guidelines established by the board, the data required pursuant to	846
this section. A school district may collect and report these data	847
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	848

(G) The state board shall, in accordance with the procedures	849
it adopts, annually compile the data reported by each school	850
district pursuant to division (D) of this section. The state board	851
shall design formats for profiling each school district as a whole	852
and each school building within each district and shall compile	853
the data in accordance with these formats. These profile formats	854
shall:	855

(1) Include all of the data gathered under this section in a	856
manner that facilitates comparison among school districts and	857
among school buildings within each school district;	858

(2) Present the data on academic achievement levels as	859
assessed by the testing of student achievement maintained pursuant	860
to division (B)(1)(d) of this section.	861

(H)(1) The state board shall, in accordance with the	862
procedures it adopts, annually prepare a statewide report for all	863
school districts and the general public that includes the profile	864
of each of the school districts developed pursuant to division (G)	865
of this section. Copies of the report shall be sent to each school	866
district.	867

(2) The state board shall, in accordance with the procedures	868
it adopts, annually prepare an individual report for each school	869
district and the general public that includes the profiles of each	870
of the school buildings in that school district developed pursuant	871
to division (G) of this section. Copies of the report shall be	872
sent to the superintendent of the district and to each member of	873
the district board of education.	874

(3) Copies of the reports received from the state board under	875
divisions (H)(1) and (2) of this section shall be made available	876
to the general public at each school district's offices. Each	877
district board of education shall make copies of each report	878
available to any person upon request and payment of a reasonable	879
fee for the cost of reproducing the report. The board shall	880
annually publish in a newspaper of general circulation in the	881
school district, at least twice during the two weeks prior to the	882
week in which the reports will first be available, a notice	883
containing the address where the reports are available and the	884
date on which the reports will be available.	885

(I) Any data that is collected or maintained pursuant to this	886
section and that identifies an individual pupil is not a public	887
record for the purposes of section 149.43 of the Revised Code.	888

(J) As used in this section:

889

(1) "School district" means any city, local, exempted	890
village, or joint vocational school district.	891

(2) "Cost" means any expenditure for operating expenses made	892
by a school district excluding any expenditures for debt	893
retirement except for payments made to any commercial lending	894
institution for any loan approved pursuant to section 3313.483 of	895
the Revised Code.	896

(K) Any person who removes data from the information system	897
established under this section for the purpose of releasing it to	898
any person not entitled under law to have access to such	899
information is subject to section 2913.42 of the Revised Code	900
prohibiting tampering with data.	901

(L) Any time the department of education determines that a	902
school district has taken any of the actions described under	903
division (L)(1), (2), or (3) of this section, it shall make a	904
report of the actions of the district, send a copy of the report	905
to the superintendent of such school district, and maintain a copy	906
of the report in its files:	907

(1) The school district fails to meet any deadline	908
established pursuant to this section for the reporting of any data	909
to the education management information system;	910

(2) The school district fails to meet any deadline	911
established pursuant to this section for the correction of any	912
data reported to the education management information system;	913

(3) The school district reports data to the education	914
management information system in a condition, as determined by the	915
department, that indicates that the district did not make a good	916
faith effort in reporting the data to the system.	917

Any report made under this division shall include	918
recommendations for corrective action by the school district.	919

Upon making a report for the first time in a fiscal year, the	920
department shall withhold ten per cent of the total amount due	921
during that fiscal year under Chapter 3317. of the Revised Code to	922
the school district to which the report applies. Upon making a	923
second report in a fiscal year, the department shall withhold an	924
additional twenty per cent of such total amount due during that	925
fiscal year to the school district to which the report applies.	926
The department shall not release such funds unless it determines	927
that the district has taken corrective action. However, no such	928
release of funds shall occur if the district fails to take	929
corrective action within forty-five days of the date upon which	930
the report was made by the department.	931

(M) No data acquisition site or school district shall	932
acquire, change, or update its student administration software	933
package to manage and report data required to be reported to the	934
department unless it converts to a student software package that	935
is certified by the department.	936

(N) The state board of education, in accordance with sections	937
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	938
license as defined under division (A) of section 3319.31 of the	939
Revised Code that has been issued to any school district employee	940
found to have willfully reported erroneous, inaccurate, or	941
incomplete data to the education management information system.	942

(O) No person shall release or maintain any information about	943
any student in violation of this section. Whoever violates this	944
division is guilty of a misdemeanor of the fourth degree.	945

(P) The department shall disaggregate the data collected	946
under division (B)(1)(o) of this section according to the race and	947
socioeconomic status of the students assessed. No data collected	948
under that division shall be included on the report cards required	949
by section 3302.03 of the Revised Code.	950

(Q) If the department cannot compile any of the information	951
required by division (C)(5) of section 3302.03 of the Revised Code	952
based upon the data collected under this section, the department	953
shall develop a plan and a reasonable timeline for the collection	954
of any data necessary to comply with that division.	955

Sec. 3301.0715.  (A) Except as provided in division (E) of	956
this section, the board of education of each city, local, and	957
exempted village school district shall administer each applicable	958
diagnostic assessment developed and provided to the district in	959
accordance with section 3301.079 of the Revised Code to the	960
following:	961

(1) Each student enrolled in a building subject to division	962
(E) of section 3302.04 of the Revised Code;	963

(2) Any student who transfers into the district or to a	964
different school within the district, within thirty days after the	965
date of transfer;	966

(3) Any student who transfers to a different school within	967
the district if each applicable diagnostic assessment was not	968
administered by any other school within the district previously	969
attended by the student in the current school year, within thirty	970
days after the date of transfer. If the school into which the	971
student transfers cannot determine whether the student has taken	972
any applicable diagnostic assessment in the current school year,	973
the school may administer the diagnostic assessment to the	974
student.	975

(4) Each kindergarten student, within six weeks after the	976
first day of school. For the purpose of division (A)(3)(4) of this	977
section, the district shall administer the kindergarten readiness	978
assessment provided by the department of education.	979

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

980

(B) Each district board shall administer each diagnostic	981
assessment as the board deems appropriate. However, the board	982
shall administer any diagnostic assessment at least once annually	983
to all students in the appropriate grade level. A district board	984
may administer any diagnostic assessment in the fall and spring of	985
a school year to measure the amount of academic growth	986
attributable to the instruction received by students during that	987
school year.	988

(C) Each district board shall utilize and score any	989
diagnostic assessment administered under division (A) of this	990
section in accordance with rules established by the department.	991
Except as required by division (B)(1)(o) of section 3301.0714 of	992
the Revised Code, neither the state board of education nor the	993
department shall require school districts to report the results of	994
diagnostic assessments for any students to the department or to	995
make any such results available in any form to the public. After	996
the administration of any diagnostic assessment, each district	997
shall provide a student's completed diagnostic assessment, the	998
results of such assessment, and any other accompanying documents	999
used during the administration of the assessment to the parent of	1000
that student upon the parent's request.	1001

(D) Each district board shall provide intervention services	1002
to students whose diagnostic assessments show that they are	1003
failing to make satisfactory progress toward attaining the	1004
academic standards for their grade level.	1005

(E) Any district that made adequate yearly progress, as	1006
defined in section 3302.01 of the Revised Code, in the immediately	1007
preceding school year may assess student progress in grades one	1008
through eight using a diagnostic assessment other than the	1009
diagnostic assessment required by division (A) of this section.	1010

(F) A district board may administer any diagnostic assessment	1011
provided to the district in accordance with section 3301.079 of	1012
the Revised Code to any student enrolled in a building that is not	1013
subject to division (A)(1) of this section. Any district electing	1014
to administer diagnostic assessments to students under this	1015
division shall provide intervention services to any such student	1016
whose diagnostic assessment shows unsatisfactory progress toward	1017
attaining the academic standards for the student's grade level.	1018

Sec. 3302.03.  (A) Annually the department of education shall	1019
report for each school district and each school building in a	1020
district all of the following:	1021

(1) The extent to which the school district or building meets	1022
each of the applicable performance indicators created by the state	1023
board of education under section 3302.02 of the Revised Code and	1024
the number of applicable performance indicators that have been	1025
achieved;	1026

(2) The performance index score of the school district or	1027
building;	1028

(3) Whether the school district or building has made adequate	1029
yearly progress;	1030

(4) Whether the school district or building is excellent,	1031
effective, needs continuous improvement, is under an academic	1032
watch, or is in a state of academic emergency.	1033

(B)(1) A school district or building shall be declared	1034
excellent if it fulfills one of the following requirements:	1035

(a) It makes adequate yearly progress and either meets at	1036
least ninety-four per cent of the applicable state performance	1037
indicators or has a performance index score established by the	1038
department.	1039

(b) It has failed to make adequate yearly progress for not	1040
more than two consecutive years and either meets at least	1041
ninety-four per cent of the applicable state performance	1042
indicators or has a performance index score established by the	1043
department.	1044

(2) A school district or building shall be declared effective	1045
if it fulfills one of the following requirements:	1046

(a) It makes adequate yearly progress and either meets at	1047
least seventy-five per cent but less than ninety-four per cent of	1048
the applicable state performance indicators or has a performance	1049
index score established by the department.	1050

(b) It does not make adequate yearly progress and either	1051
meets at least seventy-five per cent of the applicable state	1052
performance indicators or has a performance index score	1053
established by the department, except that if it does not make	1054
adequate yearly progress for three consecutive years, it shall be	1055
declared in need of continuous improvement.	1056

(3) A school district or building shall be declared to be in	1057
need of continuous improvement if it fulfills one of the following	1058
requirements:	1059

(a) It makes adequate yearly progress, meets less than	1060
seventy-five per cent of the applicable state performance	1061
indicators, and has a performance index score established by the	1062
department.	1063

(b) It does not make adequate yearly progress and either	1064
meets at least fifty per cent but less than seventy-five per cent	1065
of the applicable state performance indicators or has a	1066
performance index score established by the department.	1067

(4) A school district or building shall be declared to be	1068
under an academic watch if it does not make adequate yearly	1069
progress and either meets at least thirty-one per cent but less	1070
than fifty per cent of the applicable state performance indicators	1071
or has a performance index score established by the department.	1072

(5) A school district or building shall be declared to be in	1073
a state of academic emergency if it does not make adequate yearly	1074
progress, does not meet at least thirty-one per cent of the	1075
applicable state performance indicators, and has a performance	1076
index score established by the department.	1077

(C)(1) The department shall issue annual report cards for	1078
each school district, each building within each district, and for	1079
the state as a whole reflecting performance on the indicators	1080
created by the state board under section 3302.02 of the Revised	1081
Code, the performance index score, and adequate yearly progress.	1082

(2) The department shall include on the report card for each	1083
district information pertaining to any change from the previous	1084
year made by the school district or school buildings within the	1085
district on any performance indicator.	1086

(3) When reporting data on student performance, the	1087
department shall disaggregate that data according to the following	1088
categories:	1089

(a) Performance of students by age group;

1090

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

1091

(c) Performance of students by gender;

1092

(d) Performance of students grouped by those who have been	1093
enrolled in a district or school for three or more years;	1094

(e) Performance of students grouped by those who have been	1095
enrolled in a district or school for more than one year and less	1096
than three years;	1097

(f) Performance of students grouped by those who have been	1098
enrolled in a district or school for one year or less;	1099

(g) Performance of students grouped by those who are	1100
economically disadvantaged;	1101

(h) Performance of students grouped by those who are enrolled	1102
in a conversion community school established under Chapter 3314.	1103
of the Revised Code;	1104

(i) Performance of students grouped by those who are	1105
classified as limited English proficient;	1106

(j) Performance of students grouped by those who have	1107
disabilities;	1108

(k) Performance of students grouped by those who are	1109
classified as migrants;	1110

(l) Performance of students grouped by those who are	1111
identified as gifted pursuant to Chapter 3324. of the Revised	1112
Code.	1113

The department may disaggregate data on student performance	1114
according to other categories that the department determines are	1115
appropriate. To the extent possible, the department shall	1116
disaggregate data on student performance according to any	1117
combinations of two or more of the categories listed in divisions	1118
(C)(3)(a) to (l) of this section that it deems relevant.	1119

In reporting data pursuant to division (C)(3) of this	1120
section, the department shall not include in the report cards any	1121
data statistical in nature that is statistically unreliable or	1122
that could result in the identification of individual students.	1123
For this purpose, the department shall not report student	1124
performance data for any group identified in division (C)(3) of	1125
this section that contains less than ten students.	1126

(4) The department may include with the report cards any	1127
additional education and fiscal performance data it deems	1128
valuable.	1129

(5) The department shall include on each report card a list	1130
of additional information collected by the department that is	1131
available regarding the district or building for which the report	1132
card is issued. When available, such additional information shall	1133
include student mobility data disaggregated by race and	1134
socioeconomic status, college enrollment data, and the reports	1135
prepared under section 3302.031 of the Revised Code.	1136

The department shall maintain a site on the world wide web.	1137
The report card shall include the address of the site and shall	1138
specify that such additional information is available to the	1139
public at that site. The department shall also provide a copy of	1140
each item on the list to the superintendent of each school	1141
district. The district superintendent shall provide a copy of any	1142
item on the list to anyone who requests it.	1143

(6) For any district that sponsors a conversion community	1144
school under Chapter 3314. of the Revised Code, the department	1145
shall combine data regarding the academic performance of students	1146
enrolled in the community school with comparable data from the	1147
schools of the district for the purpose of calculating the	1148
performance of the district as a whole on the report card issued	1149
for the district.	1150

(7) The department shall include on each report card the	1151
percentage of teachers in the district or building who are highly	1152
qualified, as defined by the "No Child Left Behind Act of 2001,"	1153
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	1154
percentage with the percentages of such teachers in similar	1155
districts and buildings.	1156

(8) The department shall include on the report card the	1157
number of master teachers employed by each district and each	1158
building once the data is available from the education management	1159
information system established under section 3301.0714 of the	1160
Revised Code.	1161

(D)(1) In calculating reading, writing, mathematics, social	1162
studies, or science proficiency or achievement test passage rates	1163
used to determine school district or building performance under	1164
this section, the department shall include all students taking a	1165
test with accommodation or to whom an alternate assessment is	1166
administered pursuant to division (C)(1) or (3) of section	1167
3301.0711 of the Revised Code.	1168

(2) In calculating performance index scores, rates of	1169
achievement on the performance indicators established by the state	1170
board under section 3302.02 of the Revised Code, and adequate	1171
yearly progress for school districts and buildings under this	1172
section, the department shall do both of the following:	1173

(a) Include for each district or building only those students	1174
who are included in the ADM certified for the first full school	1175
week of October and are continuously enrolled in the district or	1176
building through the time of the spring administration of any test	1177
prescribed by section 3301.0710 of the Revised Code that is	1178
administered to the student's grade level;	1179

(b) Include cumulative totals from both the fall and spring	1180
administrations of the third grade reading achievement test.	1181

Sec. 3302.04.  (A) The department of education shall	1182
establish a system of intensive, ongoing support for the	1183
improvement of school districts and school buildings. The system	1184
shall give priority to districts and buildings that have been	1185
declared to be under an academic watch or in a state of academic	1186
emergency under section 3302.03 of the Revised Code and shall	1187
include services provided to districts and buildings through	1188
regional service providers, such as educational service centers,	1189
regional professional development centers, and special education	1190
regional resource centers.	1191

(B) When a school district has been notified by the	1192
department pursuant to division (A) of section 3302.03 of the	1193
Revised Code that the district or a building within the district	1194
has failed to make adequate yearly progress for two consecutive	1195
school years, the district shall develop a three-year continuous	1196
improvement plan for the district or building containing each of	1197
the following:	1198

(1) An analysis of the reasons for the failure of the	1199
district or building to meet any of the applicable performance	1200
indicators established under section 3302.02 of the Revised Code	1201
that it did not meet and an analysis of the reasons for its	1202
failure to make adequate yearly progress;	1203

(2) Specific strategies that the district or building will	1204
use to address the problems in academic achievement identified in	1205
division (B)(1) of this section;	1206

(3) Identification of the resources that the district will	1207
allocate toward improving the academic achievement of the district	1208
or building;	1209

(4) A description of any progress that the district or	1210
building made in the preceding year toward improving its academic	1211
achievement;	1212

(5) An analysis of how the district is utilizing the	1213
professional development standards adopted by the state board	1214
pursuant to section 3319.61 of the Revised Code;	1215

(6) Strategies that the district or building will use to	1216
improve the cultural competency, as defined pursuant to section	1217
3319.61 of the Revised Code, of teachers and other educators.	1218

No three-year continuous improvement plan shall be developed	1219
or adopted pursuant to this division unless at least one public	1220
hearing is held within the affected school district or building	1221
concerning the final draft of the plan. Notice of the hearing	1222
shall be given two weeks prior to the hearing by publication in	1223
one newspaper of general circulation within the territory of the	1224
affected school district or building. Copies of the plan shall be	1225
made available to the public.	1226

(C) When a school district or building has been notified by	1227
the department pursuant to division (A) of section 3302.03 of the	1228
Revised Code that the district or building is under an academic	1229
watch or in a state of academic emergency, the district or	1230
building shall be subject to any rules establishing intervention	1231
in academic watch or emergency school districts or buildings.	1232

(D)(1) Within one hundred twenty days after any school	1233
district or building is declared to be in a state of academic	1234
emergency under section 3302.03 of the Revised Code, the	1235
department may initiate a site evaluation of the building or	1236
school district.	1237

(2) If any school district that is declared to be in a state	1238
of academic emergency or in a state of academic watch under	1239
section 3302.03 of the Revised Code or encompasses a building that	1240
is declared to be in a state of academic emergency or in a state	1241
of academic watch fails to demonstrate to the department	1242
satisfactory improvement of the district or applicable buildings	1243
or fails to submit to the department any information required	1244
under rules established by the state board of education, prior to	1245
approving a three-year continuous improvement plan under rules	1246
established by the state board of education, the department shall	1247
conduct a site evaluation of the school district or applicable	1248
buildings to determine whether the school district is in	1249
compliance with minimum standards established by law or rule.	1250

(3) Site evaluations conducted under divisions (D)(1) and (2)	1251
of this section shall include, but not be limited to, the	1252
following:	1253

(a) Determining whether teachers are assigned to subject	1254
areas for which they are licensed or certified;	1255

(b) Determining pupil-teacher ratios;

1256

(c) Examination of compliance with minimum instruction time	1257
requirements for each school day and for each school year;	1258

(d) Determining whether materials and equipment necessary to	1259
implement the curriculum approved by the school district board are	1260
available;	1261

(e) Examination of whether the teacher and principal	1262
evaluation system reflects the evaluation system guidelines	1263
adopted by the state board of education under section 3319.112 of	1264
the Revised Code;	1265

(f) Examination of the adequacy of efforts to improve the	1266
cultural competency, as defined pursuant to section 3319.61 of the	1267
Revised Code, of teachers and other educators.	1268

(E) This division applies only to school districts that	1269
operate a school building that fails to make adequate yearly	1270
progress for two or more consecutive school years.	1271

(1) For any school building that fails to make adequate	1272
yearly progress for two consecutive school years, the district	1273
shall do all of the following:	1274

(a) Provide written notification of the academic issues that	1275
resulted in the building's failure to make adequate yearly	1276
progress to the parent or guardian of each student enrolled in the	1277
building. The notification shall also describe the actions being	1278
taken by the district or building to improve the academic	1279
performance of the building and any progress achieved toward that	1280
goal in the immediately preceding school year.	1281

(b) If the building receives funds under Title 1, Part A of	1282
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1283
6311 to 6339, from the district, in accordance with section	1284
3313.97 of the Revised Code, offer all students enrolled in the	1285
building the opportunity to enroll in an alternative building	1286
within the district that is not in school improvement status as	1287
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1288
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1289
the district shall spend an amount equal to twenty per cent of the	1290
funds it receives under Title I, Part A of the "Elementary and	1291
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1292
provide transportation for students who enroll in alternative	1293
buildings under this division, unless the district can satisfy all	1294
demand for transportation with a lesser amount. If an amount equal	1295
to twenty per cent of the funds the district receives under Title	1296
I, Part A of the "Elementary and Secondary Education Act of 1965,"	1297
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	1298
transportation, the district shall grant priority over all other	1299
students to the lowest achieving students among the subgroup	1300
described in division (F)(3) of section 3302.01 of the Revised	1301
Code in providing transportation. Any district that does not	1302
receive funds under Title I, Part A of the "Elementary and	1303
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall	1304
not be required to provide transportation to any student who	1305
enrolls in an alternative building under this division.	1306

(2) For any school building that fails to make adequate	1307
yearly progress for three consecutive school years, the district	1308
shall do both of the following:	1309

(a) If the building receives funds under Title 1, Part A of	1310
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1311
6311 to 6339, from the district, in accordance with section	1312
3313.97 of the Revised Code, provide all students enrolled in the	1313
building the opportunity to enroll in an alternative building	1314
within the district that is not in school improvement status as	1315
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1316
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1317
the district shall provide transportation for students who enroll	1318
in alternative buildings under this division to the extent	1319
required under division (E)(2) of this section.	1320

(b) If the building receives funds under Title 1, Part A of	1321
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1322
6311 to 6339, from the district, offer supplemental educational	1323
services to students who are enrolled in the building and who are	1324
in the subgroup described in division (F)(3) of section 3302.01 of	1325
the Revised Code.	1326

The district shall spend a combined total of an amount equal	1327
to twenty per cent of the funds it receives under Title I, Part A	1328
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1329
6311 to 6339, to provide transportation for students who enroll in	1330
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	1331
this section and to pay the costs of the supplemental educational	1332
services provided to students under division (E)(2)(b) of this	1333
section, unless the district can satisfy all demand for	1334
transportation and pay the costs of supplemental educational	1335
services for those students who request them with a lesser amount.	1336
In allocating the funds the district receives under Title I, Part	1337
A of the "Elementary and Secondary Education Act of 1965," 20	1338
U.S.C. 6311 to 6339, between the requirements of divisions	1339
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	1340
shall spend at least an amount equal to five per cent of suchthe	1341
funds it receives under Title I, Part A of the "Elementary and	1342
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1343
provide transportation for students who enroll in alternative	1344
buildings under division (E)(1)(b) or (E)(2)(a) of this section,	1345
unless the district can satisfy all demand for transportation with	1346
a lesser amount, and at least an amount equal to five per cent of	1347
suchthe funds it receives under Title I, Part A of the	1348
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1349
to 6339, to pay the costs of the supplemental educational services	1350
provided to students under division (E)(2)(b) of this section,	1351
unless the district can pay the costs of such services for all	1352
students requesting them with a lesser amount. If an amount equal	1353
to twenty per cent of the funds the district receives under Title	1354
I, Part A of the "Elementary and Secondary Education Act of 1965,"	1355
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	1356
transportation under divisions (E)(1)(b) and (E)(2)(a) of this	1357
section and to pay the costs of all of the supplemental	1358
educational services provided to students under division (E)(2)(b)	1359
of this section, the district shall grant priority over all other	1360
students in providing transportation and in paying the costs of	1361
supplemental educational services to the lowest achieving students	1362
among the subgroup described in division (F)(3) of section 3302.01	1363
of the Revised Code.	1364

Any district that does not receive funds under Title I, Part	1365
A of the "Elementary and Secondary Education Act of 1965," 20	1366
U.S.C. 6311 to 6339, shall not be required to provide	1367
transportation to any student who enrolls in an alternative	1368
building under division (E)(2)(a) of this section or to pay the	1369
costs of supplemental educational services provided to any student	1370
under division (E)(2)(b) of this section.	1371

No student who enrolls in an alternative building under	1372
division (E)(2)(a) of this section shall be eligible for	1373
supplemental educational services under division (E)(2)(b) of this	1374
section.	1375

(3) For any school building that fails to make adequate	1376
yearly progress for four consecutive school years, the district	1377
shall continue to comply with division (E)(2) of this section and	1378
shall implement at least one of the following options with respect	1379
to the building:	1380

(a) Institute a new curriculum that is consistent with the	1381
statewide academic standards adopted pursuant to division (A) of	1382
section 3301.079 of the Revised Code;	1383

(b) Decrease the degree of authority the building has to	1384
manage its internal operations;	1385

(c) Appoint an outside expert to make recommendations for	1386
improving the academic performance of the building. The district	1387
may request the department to establish a state intervention team	1388
for this purpose pursuant to division (G) of this section.	1389

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

1390

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

1391

(f) Reorganize the administrative structure of the building.

1392

(4) For any school building that fails to make adequate	1393
yearly progress for five consecutive school years, the district	1394
shall continue to comply with division (E)(2) of this section and	1395
shall develop a plan during the next succeeding school year to	1396
improve the academic performance of the building, which shall	1397
include at least one of the following options:	1398

(a) Reopen the school as a community school under Chapter	1399
3314. of the Revised Code;	1400

(b) Replace personnel;

1401

(c) Contract with a nonprofit or for-profit entity to operate	1402
the building;	1403

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

1404

(e) Other significant restructuring of the building's	1405
governance.	1406

(5) For any school building that fails to make adequate	1407
yearly progress for six consecutive school years, the district	1408
shall continue to comply with division (E)(2) of this section and	1409
shall implement the plan developed pursuant to division (E)(4) of	1410
this section.	1411

(6) A district shall continue to comply with division	1412
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1413
applicable, with respect to any building formerly subject to one	1414
of those divisions until the building makes adequate yearly	1415
progress for two consecutive school years.	1416

(F) This division applies only to school districts that fail	1417
to make adequate yearly progress for two or more consecutive	1418
school years.	1419

(1) If a school district fails to make adequate yearly	1420
progress for two consecutive school years, the district shall	1421
provide a written description of the continuous improvement plan	1422
developed by the district pursuant to division (B) of this section	1423
to the parent or guardian of each student enrolled in the	1424
district.	1425

(2) If a school district fails to make adequate yearly	1426
progress for three consecutive school years, the district shall	1427
continue to implement the continuous improvement plan developed by	1428
the district pursuant to division (B) of this section.	1429

(3) If a school district fails to make adequate yearly	1430
progress for four consecutive school years, the department shall	1431
take at least one of the following corrective actions with respect	1432
to the district:	1433

(a) Withhold a portion of the funds the district is entitled	1434
to receive under Title I, Part A of the "Elementary and Secondary	1435
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1436

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

1437

(c) Institute a new curriculum that is consistent with the	1438
statewide academic standards adopted pursuant to division (A) of	1439
section 3301.079 of the Revised Code;	1440

(d) Establish alternative forms of governance for individual	1441
school buildings within the district;	1442

(e) Appoint a trustee to manage the district in place of the	1443
district superintendent and board of education.	1444

The department shall conduct individual audits of a sampling	1445
of districts subject to this division to determine compliance with	1446
the corrective actions taken by the department.	1447

(4) If a school district fails to make adequate yearly	1448
progress for five consecutive school years, the department shall	1449
continue to monitor implementation of the corrective action taken	1450
under division (F)(3) of this section with respect to the	1451
district.	1452

(5) If a school district fails to make adequate yearly	1453
progress for six consecutive school years, the department shall	1454
take at least one of the corrective actions identified in division	1455
(F)(3) of this section with respect to the district, provided that	1456
the corrective action the department takes is different from the	1457
corrective action previously taken under division (F)(3) of this	1458
section with respect to the district.	1459

(G) The department may establish a state intervention team to	1460
evaluate all aspects of a school district or building, including	1461
management, curriculum, instructional methods, resource	1462
allocation, and scheduling. Any such intervention team shall be	1463
appointed by the department and shall include teachers and	1464
administrators recognized as outstanding in their fields. The	1465
intervention team shall make recommendations regarding methods for	1466
improving the performance of the district or building.	1467

The department shall not approve a district's request for an	1468
intervention team under division (E)(3) of this section if the	1469
department cannot adequately fund the work of the team, unless the	1470
district agrees to pay for the expenses of the team.	1471

(H) The department shall conduct individual audits of a	1472
sampling of community schools established under Chapter 3314. of	1473
the Revised Code to determine compliance with this section.	1474

(I) The state board shall adopt rules for implementing this	1475
section.	1476

Sec. 3307.01.  As used in this chapter:

1477

(A) "Employer" means the board of education, school district,	1478
governing authority of any community school established under	1479
Chapter 3314. of the Revised Code, college, university,	1480
institution, or other agency within the state by which a teacher	1481
is employed and paid.	1482

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

1483

(1) Any person paid from public funds and employed in the	1484
public schools of the state under any type of contract described	1485
in section 3319.08 of the Revised Code in a position for which the	1486
person is required to have a license issued pursuant to sections	1487
3319.22 to 3319.31 of the Revised Code;	1488

(2) Any person employed as a teacher by a community school	1489
pursuant to Chapter 3314. of the Revised Code;	1490

(3) Any person holding an internship certificate issued under	1491
section 3319.28 of the Revised Code and employed in a public	1492
school in this state;	1493

(4) Any person having a license issued pursuant to sections	1494
3319.22 to 3319.31 of the Revised Code and employed in a public	1495
school in this state in an educational position, as determined by	1496
the state board of education, under programs provided for by	1497
federal acts or regulations and financed in whole or in part from	1498
federal funds, but for which no licensure requirements for the	1499
position can be made under the provisions of such federal acts or	1500
regulations;	1501

(5)(4) Any other teacher or faculty member employed in any	1502
school, college, university, institution, or other agency wholly	1503
controlled and managed, and supported in whole or in part, by the	1504
state or any political subdivision thereof, including Central	1505
state university, Cleveland state university, the university of	1506
Toledo, and the medical college of Ohio at Toledo;	1507

(6)(5) The educational employees of the department of	1508
education, as determined by the state superintendent of public	1509
instruction.	1510

In all cases of doubt, the state teachers retirement board	1511
shall determine whether any person is a teacher, and its decision	1512
shall be final.	1513

"Teacher" does not include any academic or administrative	1514
employee of a public institution of higher education, as defined	1515
in section 3305.01 of the Revised Code, who participates in an	1516
alternative retirement plan established under Chapter 3305. of the	1517
Revised Code.	1518

(C) "Member" means any person included in the membership of	1519
the state teachers retirement system, which shall consist of all	1520
teachers and contributors as defined in divisions (B) and (D) of	1521
this section and all disability benefit recipients, as defined in	1522
section 3307.50 of the Revised Code. However, for purposes of this	1523
chapter, the following persons shall not be considered members:	1524

(1) A student, intern, or resident who is not a member while	1525
employed part-time by a school, college, or university at which	1526
the student, intern, or resident is regularly attending classes;	1527

(2) A person denied membership pursuant to section 3307.24 of	1528
the Revised Code;	1529

(3) An other system retirant, as defined in section 3307.35	1530
of the Revised Code, or a superannuate;	1531

(4) An individual employed in a program established pursuant	1532
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	1533
U.S.C.A. 1501.	1534

(D) "Contributor" means any person who has an account in the	1535
teachers' savings fund or defined contribution fund.	1536

(E) "Beneficiary" means any person eligible to receive, or in	1537
receipt of, a retirement allowance or other benefit provided by	1538
this chapter.	1539

(F) "Year" means the year beginning the first day of July and	1540
ending with the thirtieth day of June next following, except that	1541
for the purpose of determining final average salary under the plan	1542
described in sections 3307.50 to 3307.79 of the Revised Code,	1543
"year" may mean the contract year.	1544

(G) "Local district pension system" means any school teachers	1545
pension fund created in any school district of the state in	1546
accordance with the laws of the state prior to September 1, 1920.	1547

(H) "Employer contribution" means the amount paid by an	1548
employer, as determined by the employer rate, including the normal	1549
and deficiency rates, contributions, and funds wherever used in	1550
this chapter.	1551

(I) "Five years of service credit" means employment covered	1552
under this chapter and employment covered under a former	1553
retirement plan operated, recognized, or endorsed by a college,	1554
institute, university, or political subdivision of this state	1555
prior to coverage under this chapter.	1556

(J) "Actuary" means the actuarial consultant to the state	1557
teachers retirement board, who shall be either of the following:	1558

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

1559

(2) A firm, partnership, or corporation of which at least one	1560
person is a member of the American academy of actuaries.	1561

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

1562

(1) Exercises any discretionary authority or control with	1563
respect to the management of the system, or with respect to the	1564
management or disposition of its assets;	1565

(2) Renders investment advice for a fee, direct or indirect,	1566
with respect to money or property of the system;	1567

(3) Has any discretionary authority or responsibility in the	1568
administration of the system.	1569

(L)(1) Except as provided in this division, "compensation"	1570
means all salary, wages, and other earnings paid to a teacher by	1571
reason of the teacher's employment, including compensation paid	1572
pursuant to a supplemental contract. The salary, wages, and other	1573
earnings shall be determined prior to determination of the amount	1574
required to be contributed to the teachers' savings fund or	1575
defined contribution fund under section 3307.26 of the Revised	1576
Code and without regard to whether any of the salary, wages, or	1577
other earnings are treated as deferred income for federal income	1578
tax purposes.	1579

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

1580

(a) Payments for accrued but unused sick leave or personal	1581
leave, including payments made under a plan established pursuant	1582
to section 124.39 of the Revised Code or any other plan	1583
established by the employer;	1584

(b) Payments made for accrued but unused vacation leave,	1585
including payments made pursuant to section 124.13 of the Revised	1586
Code or a plan established by the employer;	1587

(c) Payments made for vacation pay covering concurrent	1588
periods for which other salary, compensation, or benefits under	1589
this chapter are paid;	1590

(d) Amounts paid by the employer to provide life insurance,	1591
sickness, accident, endowment, health, medical, hospital, dental,	1592
or surgical coverage, or other insurance for the teacher or the	1593
teacher's family, or amounts paid by the employer to the teacher	1594
in lieu of providing the insurance;	1595

(e) Incidental benefits, including lodging, food, laundry,	1596
parking, or services furnished by the employer, use of the	1597
employer's property or equipment, and reimbursement for	1598
job-related expenses authorized by the employer, including moving	1599
and travel expenses and expenses related to professional	1600
development;	1601

(f) Payments made by the employer in exchange for a member's	1602
waiver of a right to receive any payment, amount, or benefit	1603
described in division (L)(2) of this section;	1604

(g) Payments by the employer for services not actually	1605
rendered;	1606

(h) Any amount paid by the employer as a retroactive increase	1607
in salary, wages, or other earnings, unless the increase is one of	1608
the following:	1609

(i) A retroactive increase paid to a member employed by a	1610
school district board of education in a position that requires a	1611
license designated for teaching and not designated for being an	1612
administrator issued under section 3319.22 of the Revised Code	1613
that is paid in accordance with uniform criteria applicable to all	1614
members employed by the board in positions requiring the licenses;	1615

(ii) A retroactive increase paid to a member employed by a	1616
school district board of education in a position that requires a	1617
license designated for being an administrator issued under section	1618
3319.22 of the Revised Code that is paid in accordance with	1619
uniform criteria applicable to all members employed by the board	1620
in positions requiring the licenses;	1621

(iii) A retroactive increase paid to a member employed by a	1622
school district board of education as a superintendent that is	1623
also paid as described in division (L)(2)(h)(i) of this section;	1624

(iv) A retroactive increase paid to a member employed by an	1625
employer other than a school district board of education in	1626
accordance with uniform criteria applicable to all members	1627
employed by the employer.	1628

(i) Payments made to or on behalf of a teacher that are in	1629
excess of the annual compensation that may be taken into account	1630
by the retirement system under division (a)(17) of section 401 of	1631
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1632
401(a)(17), as amended. For a teacher who first establishes	1633
membership before July 1, 1996, the annual compensation that may	1634
be taken into account by the retirement system shall be determined	1635
under division (d)(3) of section 13212 of the "Omnibus Budget	1636
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1637

(j) Payments made under division (B), (C), or (E) of section	1638
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1639
No. 3 of the 119th general assembly, Section 3 of Amended	1640
Substitute Senate Bill No. 164 of the 124th general assembly, or	1641
Amended Substitute House Bill No. 405 of the 124th general	1642
assembly;	1643

(k) Anything of value received by the teacher that is based	1644
on or attributable to retirement or an agreement to retire.	1645

(3) The retirement board shall determine by rule both of the	1646
following:	1647

(a) Whether particular forms of earnings are included in any	1648
of the categories enumerated in this division;	1649

(b) Whether any form of earnings not enumerated in this	1650
division is to be included in compensation.	1651

Decisions of the board made under this division shall be	1652
final.	1653

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

1654

(1) A former teacher receiving from the system a retirement	1655
allowance under section 3307.58 or 3307.59 of the Revised Code;	1656

(2) A former teacher receiving a benefit from the system	1657
under a plan established under section 3307.81 of the Revised	1658
Code, except that "superannuate" does not include a former teacher	1659
who is receiving a benefit based on disability under a plan	1660
established under section 3307.81 of the Revised Code.	1661

For purposes of sections 3307.35 and 3307.353 of the Revised	1662
Code, "superannuate" also means a former teacher receiving from	1663
the system a combined service retirement benefit paid in	1664
accordance with section 3307.57 of the Revised Code, regardless of	1665
which retirement system is paying the benefit.	1666

Sec. 3313.28.  The treasurer of a board of education, at the	1667
expiration of the treasurer's term of office, shall deliver to the	1668
treasurer's successor all books and papers in the treasurer's	1669
hands relating to the affairs of the district, including educator	1670
licenses and internship certificates, and copies thereof, and	1671
reports of school statistics, filed by teachers.	1672

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

1673

(1) "Licensed individual" means an individual who holds a	1674
valid educator license, certificate, or permit issued by the state	1675
board of education under section 3319.22, 3319.26, 3319.27, or	1676
3319.302 of the Revised Code.	1677

(2) "Nonlicensed individual" means an individual who does not	1678
hold a valid educator license, certificate, or permit issued by	1679
the state board of education under section 3319.22, 3319.26,	1680
3319.27, or 3319.302 of the Revised Code.	1681

(B) The board of education of any city, exempted village, or	1682
local school district may establish and maintain in connection	1683
with the public school systems:	1684

(A)(1) Manual training, industrial arts, domestic science,	1685
and commercial departments;	1686

(B)(2) Agricultural, industrial, vocational, and trades	1687
schools.	1688

Such board may pay from the public school funds, as other	1689
school expenses are paid, the expenses of establishing and	1690
maintaining such departments and schools and of directing,	1691
supervising, and coaching the pupil-activity programs in music,	1692
language, arts, speech, government, athletics, and any others	1693
directly related to the curriculum.	1694

(C) The board of education of any city, exempted village, or	1695
local school district may employ a nonlicensed individual to	1696
direct, supervise, or coach a pupil-activity program pursuant to	1697
rules adoptedas long as that individual holds a valid	1698
pupil-activity program permit issued by the state board of	1699
education setting forth standards to assure the individual's good	1700
moral character and competence to direct, supervise, or coach the	1701
pupil-activity programunder division (A) of section 3319.303 of	1702
the Revised Code. The state board shall also adopt rules	1703
applicable to licensed individuals, setting forth standards to	1704
assure any such individual's competence to direct, supervise, or	1705
coach a pupil-activity program and that shall not be more	1706
stringent than the standards set forth in rules applicable to	1707
nonlicensed individuals. A	1708

(D) A nonlicensed individual who meets the standards adopted	1709
by the state boardholds a valid pupil-activity program permit may	1710
be so employed under division (C) of this section only after the	1711
school district's board of education adopts a resolution stating	1712
that it has offered such position to those employees of the	1713
district who have a license issued under section 3319.22 of the	1714
Revised Codeare licensed individuals and no such employee	1715
qualified to fill the position has accepted it, and has then	1716
advertised the position as available to any licensed individual	1717
with such a license who is qualified to fill it and who is not	1718
employed by the board, and no such person has applied for and	1719
accepted the position. A nonlicensed individual so employed is a	1720
nonteaching employee and is not an educational assistant as	1721
defined in section 3319.088 of the Revised Code. As used in this	1722
paragraphdivision and division (C) of this section,	1723
pupil-activity program does not include any class or course	1724
required or offered for credit toward a pupil's promotion to the	1725
next grade or for graduation, or any activity conducted as a part	1726
of or required for such a class or course. A nonlicensed	1727
individual employed under this section may perform only the duties	1728
of the director, supervisor, or coach of the pupil-activity	1729
program for which the nonlicensed individual is employed.	1730

The board shall fix the compensation of the nonlicensed	1731
individual so employed, which shall be the same amount as the	1732
position was offered to the district's licensed employees, and	1733
execute a written contract with the nonlicensed individual for a	1734
term not to exceed one year. The contract shall specify the	1735
compensation, duration, and other terms of employment, and the	1736
compensation shall not be reduced unless such reduction is a part	1737
of a uniform plan affecting the entire district. No	1738

If the state board suspends, revokes, or limits the	1739
pupil-activity program permit of a nonlicensed individual, the	1740
school district board may terminate or suspend the employment	1741
contract of that individual. Otherwise, no contract issued under	1742
this section shall be terminated or suspended except pursuant to	1743
the procedure established by division (C) of section 3319.081 of	1744
the Revised Code.	1745

Sec. 3318.031. (A) The Ohio school facilities commission	1746
shall consider student and staff safety and health when reviewing	1747
design plans for classroom facility construction projects proposed	1748
under this chapter. After consulting with appropriate education,	1749
health, and law enforcement personnel, the commission may require	1750
as a condition of project approval under either section 3318.03 or	1751
division (B)(1) of section 3318.41 of the Revised Code such	1752
changes in the design plans as the commission believes will	1753
advance or improve student and staff safety and health in the	1754
proposed classroom facility.	1755

To carry out its duties under this sectiondivision, the	1756
commission shall review and, if necessary, amend any construction	1757
and design standards used in its project approval process,	1758
including standards for location and number of exits, standards	1759
for lead safety in classroom facilities constructed before 1978 in	1760
which services are provided to children under six years of age,	1761
and location of restrooms, with a focus on advancing student and	1762
staff safety and health.	1763

(B) When reviewing design plans for classroom facility	1764
construction projects proposed under this chapter, the commission	1765
shall also consider the extent to which design plans reflect all	1766
of the following:	1767

(1) Support and facilitation of smaller classes and the trend	1768
toward smaller schools;	1769

(2) Provision of sufficient space for training new teachers	1770
and promotion of collaboration among teaching candidates,	1771
experienced teachers, and teacher educators;	1772

(3) Provision of adequate space for teacher planning and	1773
collaboration;	1774

(4) Provision of adequate space for parent involvement	1775
activities;	1776

(5) Provision of sufficient space for innovative partnerships	1777
between schools and health and social service agencies.	1778

Sec. 3319.075. Once the state board of education adopts	1779
professional development standards pursuant to section 3319.61 of	1780
the Revised Code, the board of education of each school district	1781
shall use the standards for the following purposes:	1782

(A) To guide the design of teacher education programs serving	1783
both teacher candidates and experienced teachers;	1784

(B) To guide school-based professional development that is	1785
aligned with student achievement;	1786

(C) To determine what types of professional development the	1787
school district and the schools within the district should	1788
provide;	1789

(D) To guide how state and federal funding for professional	1790
development should be spent;	1791

(E) To develop criteria for decision making by the local	1792
professional development committees established under section	1793
3319.22 of the Revised Code;	1794

(F) To guide the school district in the hiring of third-party	1795
providers of instructional services who use or meet the	1796
professional development standards;	1797

(G) To guide all licensed school personnel in developing	1798
their own plans for professional growth.	1799

Sec. 3319.09.  As used in sections 3319.08 to 3319.18,	1800
inclusive, of the Revised Code:	1801

(A) "Teacher" means all persons licensed to teach and who are	1802
employed in the public schools of this state as instructors,	1803
principals, supervisors, superintendents, or in any other	1804
educational position for which the state board of education	1805
requires licensure under sections 3319.22 to 3319.31 of the	1806
Revised Code including persons holding an internship certificate	1807
issued under section 3319.28 of the Revised Code and persons	1808
having a license issued pursuant to sections 3319.22 to 3319.31 of	1809
the Revised Code and employed in an educational position, as	1810
determined by the state board of education, under programs	1811
provided for by federal acts or regulations and financed in whole	1812
or in part from federal funds, but for which no licensure	1813
requirements for the position can be made under the provisions of	1814
such federal acts or regulations.	1815

(B) "Year" as applied to term of service means actual service	1816
of not less than one hundred twenty days within a school year;	1817
provided that any board of education may grant a leave of absence	1818
for professional advancement with full credit for service.	1819

(C) "Continuing service status" for a teacher means	1820
employment under a continuing contract.	1821

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

1822

(1) "Evaluation procedures" means the procedures adopted	1823
pursuant to division (B) of section 3319.111 of the Revised Code.	1824

(2) "Limited contract" means a limited contract, as described	1825
in section 3319.08 of the Revised Code, that a school district	1826
board of education or governing board of an educational service	1827
center enters into with a teacher who is not eligible for	1828
continuing service status.	1829

(3) "Extended limited contract" means a limited contract, as	1830
described in section 3319.08 of the Revised Code, that a board of	1831
education or governing board enters into with a teacher who is	1832
eligible for continuing service status.	1833

(B) Teachers eligible for continuing service status in any	1834
city, exempted village, local, or joint vocational school district	1835
or educational service center shall be those teachers qualified as	1836
described in division (B)(1) or (2) of section 3319.08 of the	1837
Revised Code, who within the last five years have taught for at	1838
least three years in the district or center, and those teachers	1839
who, having attained continuing contract status elsewhere, have	1840
served two years in the district or center, but the board, upon	1841
the recommendation of the superintendent, may at the time of	1842
employment or at any time within such two-year period, declare any	1843
of the latter teachers eligible.	1844

(1) Upon the recommendation of the superintendent that a	1845
teacher eligible for continuing service status be reemployed, a	1846
continuing contract shall be entered into between the board and	1847
the teacher unless the board by a three-fourths vote of its full	1848
membership rejects the recommendation of the superintendent. If	1849
the board rejects by a three-fourths vote of its full membership	1850
the recommendation of the superintendent that a teacher eligible	1851
for continuing service status be reemployed and the superintendent	1852
makes no recommendation to the board pursuant to division (C) of	1853
this section, the board may declare its intention not to reemploy	1854
the teacher by giving the teacher written notice on or before the	1855
thirtieth day of April of its intention not to reemploy the	1856
teacher. If evaluation procedures have not been complied with	1857
pursuant to division (A) of section 3319.111 of the Revised Code	1858
or the board does not give the teacher written notice on or before	1859
the thirtieth day of April of its intention not to reemploy the	1860
teacher, the teacher is deemed reemployed under an extended	1861
limited contract for a term not to exceed one year at the same	1862
salary plus any increment provided by the salary schedule. The	1863
teacher is presumed to have accepted employment under the extended	1864
limited contract for a term not to exceed one year unless such	1865
teacher notifies the board in writing to the contrary on or before	1866
the first day of June, and an extended limited contract for a term	1867
not to exceed one year shall be executed accordingly. Upon any	1868
subsequent reemployment of the teacher only a continuing contract	1869
may be entered into.	1870

(2) If the superintendent recommends that a teacher eligible	1871
for continuing service status not be reemployed, the board may	1872
declare its intention not to reemploy the teacher by giving the	1873
teacher written notice on or before the thirtieth day of April of	1874
its intention not to reemploy the teacher. If evaluation	1875
procedures have not been complied with pursuant to division (A) of	1876
section 3319.111 of the Revised Code or the board does not give	1877
the teacher written notice on or before the thirtieth day of April	1878
of its intention not to reemploy the teacher, the teacher is	1879
deemed reemployed under an extended limited contract for a term	1880
not to exceed one year at the same salary plus any increment	1881
provided by the salary schedule. The teacher is presumed to have	1882
accepted employment under the extended limited contract for a term	1883
not to exceed one year unless such teacher notifies the board in	1884
writing to the contrary on or before the first day of June, and an	1885
extended limited contract for a term not to exceed one year shall	1886
be executed accordingly. Upon any subsequent reemployment of a	1887
teacher only a continuing contract may be entered into.	1888

(3) Any teacher receiving written notice of the intention of	1889
a board not to reemploy such teacher pursuant to this division is	1890
entitled to the hearing provisions of division (G) of this	1891
section.	1892

(C)(1) If a board rejects the recommendation of the	1893
superintendent for reemployment of a teacher pursuant to division	1894
(B)(1) of this section, the superintendent may recommend	1895
reemployment of the teacher, if continuing service status has not	1896
previously been attained elsewhere, under an extended limited	1897
contract for a term not to exceed two years, provided that written	1898
notice of the superintendent's intention to make such	1899
recommendation has been given to the teacher with reasons directed	1900
at the professional improvement of the teacher on or before the	1901
thirtieth day of April. Upon subsequent reemployment of the	1902
teacher only a continuing contract may be entered into.	1903

(2) If a board of education takes affirmative action on a	1904
superintendent's recommendation, made pursuant to division (C)(1)	1905
of this section, of an extended limited contract for a term not to	1906
exceed two years but the board does not give the teacher written	1907
notice of its affirmative action on the superintendent's	1908
recommendation of an extended limited contract on or before the	1909
thirtieth day of April, the teacher is deemed reemployed under a	1910
continuing contract at the same salary plus any increment provided	1911
by the salary schedule. The teacher is presumed to have accepted	1912
employment under such continuing contract unless such teacher	1913
notifies the board in writing to the contrary on or before the	1914
first day of June, and a continuing contract shall be executed	1915
accordingly.	1916

(3) A board shall not reject a superintendent's	1917
recommendation, made pursuant to division (C)(1) of this section,	1918
of an extended limited contract for a term not to exceed two years	1919
except by a three-fourths vote of its full membership. If a board	1920
rejects by a three-fourths vote of its full membership the	1921
recommendation of the superintendent of an extended limited	1922
contract for a term not to exceed two years, the board may declare	1923
its intention not to reemploy the teacher by giving the teacher	1924
written notice on or before the thirtieth day of April of its	1925
intention not to reemploy the teacher. If evaluation procedures	1926
have not been complied with pursuant to division (A) of section	1927
3319.111 of the Revised Code or if the board does not give the	1928
teacher written notice on or before the thirtieth day of April of	1929
its intention not to reemploy himthe teacher, the teacher is	1930
deemed reemployed under an extended limited contract for a term	1931
not to exceed one year at the same salary plus any increment	1932
provided by the salary schedule. The teacher is presumed to have	1933
accepted employment under the extended limited contract for a term	1934
not to exceed one year unless such teacher notifies the board in	1935
writing to the contrary on or before the first day of June, and an	1936
extended limited contract for a term not to exceed one year shall	1937
be executed accordingly. Upon any subsequent reemployment of the	1938
teacher only a continuing contract may be entered into.	1939

Any teacher receiving written notice of the intention of a	1940
board not to reemploy such teacher pursuant to this division is	1941
entitled to the hearing provisions of division (G) of this	1942
section.	1943

(D) A teacher eligible for continuing contract status	1944
employed under an extended limited contract pursuant to division	1945
(B) or (C) of this section, is, at the expiration of such extended	1946
limited contract, deemed reemployed under a continuing contract at	1947
the same salary plus any increment granted by the salary schedule,	1948
unless evaluation procedures have been complied with pursuant to	1949
division (A) of section 3319.111 of the Revised Code and the	1950
employing board, acting on the superintendent's recommendation	1951
that the teacher not be reemployed, gives the teacher written	1952
notice on or before the thirtieth day of April of its intention	1953
not to reemploy such teacher. A teacher who does not have	1954
evaluation procedures applied in compliance with division (A) of	1955
section 3319.111 of the Revised Code or who does not receive	1956
notice on or before the thirtieth day of April of the intention of	1957
the board not to reemploy such teacher is presumed to have	1958
accepted employment under a continuing contract unless such	1959
teacher notifies the board in writing to the contrary on or before	1960
the first day of June, and a continuing contract shall be executed	1961
accordingly.	1962

Any teacher receiving a written notice of the intention of a	1963
board not to reemploy such teacher pursuant to this division is	1964
entitled to the hearing provisions of division (G) of this	1965
section.	1966

(E) A limited contract may be entered into by each board with	1967
each teacher who has not been in the employ of the board for at	1968
least three years and shall be entered into, regardless of length	1969
of previous employment, with each teacher employed by the board	1970
who holds a provisional, temporary, or associate license or an	1971
internship certificate, or who holds a professional license and is	1972
not eligible to be considered for a continuing contract.	1973

Any teacher employed under a limited contract, and not	1974
eligible to be considered for a continuing contract, is, at the	1975
expiration of such limited contract, considered reemployed under	1976
the provisions of this division at the same salary plus any	1977
increment provided by the salary schedule unless evaluation	1978
procedures have been complied with pursuant to division (A) of	1979
section 3319.111 of the Revised Code and the employing board,	1980
acting upon the superintendent's written recommendation that the	1981
teacher not be reemployed, gives such teacher written notice of	1982
its intention not to reemploy such teacher on or before the	1983
thirtieth day of April. A teacher who does not have evaluation	1984
procedures applied in compliance with division (A) of section	1985
3319.111 of the Revised Code or who does not receive notice of the	1986
intention of the board not to reemploy such teacher on or before	1987
the thirtieth day of April is presumed to have accepted such	1988
employment unless such teacher notifies the board in writing to	1989
the contrary on or before the first day of June, and a written	1990
contract for the succeeding school year shall be executed	1991
accordingly.	1992

Any teacher receiving a written notice of the intention of a	1993
board not to reemploy such teacher pursuant to this division is	1994
entitled to the hearing provisions of division (G) of this	1995
section.	1996

(F) The failure of a superintendent to make a recommendation	1997
to the board under any of the conditions set forth in divisions	1998
(B) to (E) of this section, or the failure of the board to give	1999
such teacher a written notice pursuant to divisions (C) to (E) of	2000
this section shall not prejudice or prevent a teacher from being	2001
deemed reemployed under either a limited or continuing contract as	2002
the case may be under the provisions of this section. A failure of	2003
the parties to execute a written contract shall not void any	2004
automatic reemployment provisions of this section.	2005

(G)(1) Any teacher receiving written notice of the intention	2006
of a board of education not to reemploy such teacher pursuant to	2007
division (B), (C)(3), (D), or (E) of this section may, within ten	2008
days of the date of receipt of the notice, file with the treasurer	2009
of the board a written demand for a written statement describing	2010
the circumstances that led to the board's intention not to	2011
reemploy the teacher.	2012

(2) The treasurer of a board, on behalf of the board, shall,	2013
within ten days of the date of receipt of a written demand for a	2014
written statement pursuant to division (G)(1) of this section,	2015
provide to the teacher a written statement describing the	2016
circumstances that led to the board's intention not to reemploy	2017
the teacher.	2018

(3) Any teacher receiving a written statement describing the	2019
circumstances that led to the board's intention not to reemploy	2020
the teacher pursuant to division (G)(2) of this section may,	2021
within five days of the date of receipt of the statement, file	2022
with the treasurer of the board a written demand for a hearing	2023
before the board pursuant to divisions (G)(4) to (6) of this	2024
section.	2025

(4) The treasurer of a board, on behalf of the board, shall,	2026
within ten days of the date of receipt of a written demand for a	2027
hearing pursuant to division (G)(3) of this section, provide to	2028
the teacher a written notice setting forth the time, date, and	2029
place of the hearing. The board shall schedule and conclude the	2030
hearing within forty days of the date on which the treasurer of	2031
the board receives a written demand for a hearing pursuant to	2032
division (G)(3) of this section.	2033

(5) Any hearing conducted pursuant to this division shall be	2034
conducted by a majority of the members of the board. The hearing	2035
shall be held in executive session of the board unless the board	2036
and the teacher agree to hold the hearing in public. The	2037
superintendent, assistant superintendent, the teacher, and any	2038
person designated by either party to take a record of the hearing	2039
may be present at the hearing. The board may be represented by	2040
counsel and the teacher may be represented by counsel or a	2041
designee. A record of the hearing may be taken by either party at	2042
the expense of the party taking the record.	2043

(6) Within ten days of the conclusion of a hearing conducted	2044
pursuant to this division, the board shall issue to the teacher a	2045
written decision containing an order affirming the intention of	2046
the board not to reemploy the teacher reported in the notice given	2047
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	2048
this section or an order vacating the intention not to reemploy	2049
and expunging any record of the intention, notice of the	2050
intention, and the hearing conducted pursuant to this division.	2051

(7) A teacher may appeal an order affirming the intention of	2052
the board not to reemploy the teacher to the court of common pleas	2053
of the county in which the largest portion of the territory of the	2054
school district or service center is located, within thirty days	2055
of the date on which the teacher receives the written decision, on	2056
the grounds that the board has not complied with section 3319.11	2057
or 3319.111 of the Revised Code.	2058

Notwithstanding section 2506.04 of the Revised Code, the	2059
court in an appeal under this division is limited to the	2060
determination of procedural errors and to ordering the correction	2061
of procedural errors and shall have no jurisdiction to order a	2062
board to reemploy a teacher, except that the court may order a	2063
board to reemploy a teacher in compliance with the requirements of	2064
division (B), (C)(3), (D), or (E) of this section when the court	2065
determines that evaluation procedures have not been complied with	2066
pursuant to division (A) of section 3319.111 of the Revised Code	2067
or the board has not given the teacher written notice on or before	2068
the thirtieth day of April of its intention not to reemploy the	2069
teacher pursuant to division (B), (C)(3), (D), or (E) of this	2070
section. Otherwise, the determination whether to reemploy or not	2071
reemploy a teacher is solely a board's determination and not a	2072
proper subject of judicial review and, except as provided in this	2073
division, no decision of a board whether to reemploy or not	2074
reemploy a teacher shall be invalidated by the court on any basis,	2075
including that the decision was not warranted by the results of	2076
any evaluation or was not warranted by any statement given	2077
pursuant to division (G)(2) of this section.	2078

No appeal of an order of a board may be made except as	2079
specified in this division.	2080

(H)(1) In giving a teacher any notice required by division	2081
(B), (C), (D), or (E) of this section, the board or the	2082
superintendent shall do either of the following:	2083

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

2084

(b) Deliver the notice by certified mail, return receipt	2085
requested, addressed to the teacher at the teacher's place of	2086
employment and deliver a copy of the notice by certified mail,	2087
return receipt requested, addressed to the teacher at the	2088
teacher's place of residence.	2089

(2) In giving a board any notice required by division (B),	2090
(C), (D), or (E) of this section, the teacher shall do either of	2091
the following:	2092

(a) Deliver the notice by personal delivery to the office of	2093
the superintendent during regular business hours;	2094

(b) Deliver the notice by certified mail, return receipt	2095
requested, addressed to the office of the superintendent and	2096
deliver a copy of the notice by certified mail, return receipt	2097
requested, addressed to the president of the board at the	2098
president's place of residence.	2099

(3) When any notice and copy of the notice are mailed	2100
pursuant to division (H)(1)(b) or (2)(b) of this section, the	2101
notice or copy of the notice with the earlier date of receipt	2102
shall constitute the notice for the purposes of division (B), (C),	2103
(D), or (E) of this section.	2104

(I) The provisions of this section shall not apply to any	2105
supplemental written contracts entered into pursuant to section	2106
3319.08 of the Revised Code.	2107

Sec. 3319.111.  (A) Any board of education that has entered	2108
into any limited contract or extended limited contract with a	2109
teacher pursuant to section 3319.11 of the Revised Code, except	2110
with a teacher who holds an internship certificate granted under	2111
division (A) of section 3319.28 of the Revised Code, shall	2112
evaluate such a teacher in compliance with the requirements of	2113
this section in any school year in which the board may wish to	2114
declare its intention not to re-employ the teacher pursuant to	2115
division (B), (C)(3), (D), or (E) of section 3319.11 of the	2116
Revised Code.	2117

This evaluation shall be conducted at least twice in the	2118
school year in which the board may wish to declare its intention	2119
not to re-employ the teacher. One evaluation shall be conducted	2120
and completed not later than the fifteenth day of January and the	2121
teacher being evaluated shall receive a written report of the	2122
results of this evaluation not later than the twenty-fifth day of	2123
January. One evaluation shall be conducted and completed between	2124
the tenth day of February and the first day of April and the	2125
teacher being evaluated shall receive a written report of the	2126
results of this evaluation not later than the tenth day of April.	2127

Any evaluation conducted pursuant to this section shall be	2128
conducted by one or more of the following:	2129

(1) A person who is under contract with a board of education	2130
pursuant to section 3319.01 or 3319.02 of the Revised Code and	2131
holds a license designated for being a superintendent, assistant	2132
superintendent, or principal issued under section 3319.22 of the	2133
Revised Code;	2134

(2) A person who is under contract with a board of education	2135
pursuant to section 3319.02 of the Revised Code and holds a	2136
license designated for being a vocational director or a supervisor	2137
in any educational area issued under section 3319.22 of the	2138
Revised Code;	2139

(3) A person designated to conduct evaluations under an	2140
agreement providing for peer review entered into by a board of	2141
education and representatives of teachers employed by that board.	2142

(B) Any board of education evaluating a teacher pursuant to	2143
this section shall adopt evaluation procedures that shall be	2144
applied each time a teacher is evaluated pursuant to this section.	2145
These evaluation procedures shall include, but not be limited to:	2146

(1) Criteria of expected job performance in the areas of	2147
responsibility assigned to the teacher being evaluated;	2148

(2) Observation of the teacher being evaluated by the person	2149
conducting the evaluation on at least two occasions for not less	2150
than thirty minutes on each occasion;	2151

(3) A written report of the results of the evaluation that	2152
includes specific recommendations regarding any improvements	2153
needed in the performance of the teacher being evaluated and	2154
regarding the means by which the teacher may obtain assistance in	2155
making such improvements.	2156

(C) This section does not apply to teachers subject to	2157
evaluation procedures under sections 3319.01 and 3319.02 of the	2158
Revised Code or to any teacher employed as a substitute for less	2159
than one hundred twenty days during a school year pursuant to	2160
section 3319.10 of the Revised Code.	2161

Sec. 3319.112. (A) The state board of education, in	2162
consultation with the joint council of the state board of	2163
education and the Ohio board of regents, shall establish	2164
guidelines for the evaluation of teachers and principals. The	2165
guidelines shall include the following principles:	2166

(1) A school district should evaluate the performance of	2167
teachers on a regular basis.	2168

(2) The evaluation system adopted by a school district should	2169
be fair, credible, and evidence-based and should use multiple	2170
measures of a teacher or principal's use of knowledge and skills	2171
and of students' academic progress.	2172

(3) The evaluation system adopted by a school district should	2173
be aligned with the standards for teachers and principals adopted	2174
pursuant to section 3319.61 of the Revised Code.	2175

(4) The evaluation system adopted by a school district should	2176
provide clear statements of expectation for professional	2177
performance.	2178

(5) The evaluation of a teacher or principal should suggest	2179
professional development that will enhance future performance in	2180
areas that do not meet expected performance levels.	2181

(6) The criteria included in a school district's evaluation	2182
system should be reviewed on a regular basis and revised as	2183
necessary to ensure effectiveness over time.	2184

(7) The evaluation system adopted by a school district should	2185
address the extent to which a teacher or principal exhibits	2186
cultural competency as defined pursuant to section 3319.61 of the	2187
Revised Code.	2188

(B) Once the state board has established the guidelines, the	2189
state board shall inform school districts of the contents of the	2190
guidelines. All school districts may use the guidelines in	2191
creating or modifying evaluation systems.	2192

(C) To assist school districts that modify evaluation systems	2193
to better reflect a standards-based method, the department of	2194
education shall do both of the following:	2195

(1) Serve as a clearinghouse of promising evaluation	2196
procedures and evaluation models that school districts may use;	2197

(2) Provide technical assistance to school districts that	2198
request assistance in modifying evaluation systems.	2199

Sec. 3319.22.  (A)(1) The state board of education shall	2200
adopt rules establishing the standards and requirements for	2201
obtaining temporary, associate, provisional, and professional	2202
educator licenses of any categories, types, and levels the board	2203
elects to provide. However, no educator license shall be required	2204
for teaching children two years old or younger.	2205

(2) If the state board requires any examinations for educator	2206
licensure, the department of education shall provide the results	2207
of such examinations received by the department to the Ohio board	2208
of regents, in the manner and to the extent permitted by state and	2209
federal law.	2210

(B) Any rules the state board of education adopts, amends, or	2211
rescinds for educator licenses under this section, division (D) of	2212
section 3301.07 of the Revised Code, or any other law shall be	2213
adopted, amended, or rescinded under Chapter 119. of the Revised	2214
Code except as follows:	2215

(1) Notwithstanding division (D) of section 119.03 and	2216
division (A)(1) of section 119.04 of the Revised Code, the	2217
effective datein the case of the adoption of any rules,rule or	2218
the amendment or rescission of any rules,rule that necessitates	2219
institutions' offering teacher preparation programs that are	2220
approved by the state board of education under section 3319.23 of	2221
the Revised Code to revise the curriculum of those programs, the	2222
effective date shall not be as prescribed in division (D) of	2223
section 119.03 and division (A)(1) of section 119.04 of the	2224
Revised Code. Instead, the effective date of such rules, or the	2225
amendment or rescission of such rules, shall be the date prescribed	2226
by section 3319.23 of the Revised Code.	2227

(2) Notwithstanding the authority to adopt, amend, or rescind	2228
emergency rules in division (F) of section 119.03 of the Revised	2229
Code, this authority shall not apply to the state board of	2230
education with regard to rules for educator licenses.	2231

(C)(1) The rules adopted under this section establishing	2232
standards requiring additional coursework for the renewal of any	2233
educator license shall require a school district and a chartered	2234
nonpublic school to establish local professional development	2235
committees. In a nonpublic school, the chief administrative	2236
officer shall establish the committees in any manner acceptable to	2237
such officer. The committees established under this division shall	2238
determine whether coursework that a district or chartered	2239
nonpublic school teacher proposes to complete meets the	2240
requirement of the rules. The department of education shall	2241
provide technical assistance and support to committees as the	2242
committees incorporate the professional development standards	2243
adopted by the state board of education pursuant to section	2244
3319.61 of the Revised Code into their review of coursework that	2245
is appropriate for license renewal. The rules shall establish a	2246
procedure by which a teacher may appeal the decision of a local	2247
professional development committee.	2248

(2) In any school district in which there is no exclusive	2249
representative established under Chapter 4117. of the Revised	2250
Code, the professional development committees shall be established	2251
as described in division (C)(2) of this section.	2252

Not later than the effective date of the rules adopted under	2253
this section, the board of education of each school district shall	2254
establish the structure for one or more local professional	2255
development committees to be operated by such school district. The	2256
committee structure so established by a district board shall	2257
remain in effect unless within thirty days prior to an anniversary	2258
of the date upon which the current committee structure was	2259
established, the board provides notice to all affected district	2260
employees that the committee structure is to be modified.	2261
Professional development committees may have a district-level or	2262
building-level scope of operations, and may be established with	2263
regard to particular grade or age levels for which an educator	2264
license is designated.	2265

Each professional development committee shall consist of at	2266
least three classroom teachers employed by the district, one	2267
principal employed by the district, and one other employee of the	2268
district appointed by the district superintendent. For committees	2269
with a building-level scope, the teacher and principal members	2270
shall be assigned to that building, and the teacher members shall	2271
be elected by majority vote of the classroom teachers assigned to	2272
that building. For committees with a district-level scope, the	2273
teacher members shall be elected by majority vote of the classroom	2274
teachers of the district, and the principal member shall be	2275
elected by a majority vote of the principals of the district,	2276
unless there are two or fewer principals employed by the district,	2277
in which case the one or two principals employed shall serve on	2278
the committee. If a committee has a particular grade or age level	2279
scope, the teacher members shall be licensed to teach such grade	2280
or age levels, and shall be elected by majority vote of the	2281
classroom teachers holding such a license and the principal shall	2282
be elected by all principals serving in buildings where any such	2283
teachers serve. The district superintendent shall appoint a	2284
replacement to fill any vacancy that occurs on a professional	2285
development committee, except in the case of vacancies among the	2286
elected classroom teacher members, which shall be filled by vote	2287
of the remaining members of the committee so selected.	2288

Terms of office on professional development committees shall	2289
be prescribed by the district board establishing the committees.	2290
The conduct of elections for members of professional development	2291
committees shall be prescribed by the district board establishing	2292
the committees. A professional development committee may include	2293
additional members, except that the majority of members on each	2294
such committee shall be classroom teachers employed by the	2295
district. Any member appointed to fill a vacancy occurring prior	2296
to the expiration date of the term for which a predecessor was	2297
appointed shall hold office as a member for the remainder of that	2298
term.	2299

The initial meeting of any professional development	2300
committee, upon election and appointment of all committee members,	2301
shall be called by a member designated by the district	2302
superintendent. At this initial meeting, the committee shall	2303
select a chairperson and such other officers the committee deems	2304
necessary, and shall adopt rules for the conduct of its meetings.	2305
Thereafter, the committee shall meet at the call of the	2306
chairperson or upon the filing of a petition with the district	2307
superintendent signed by a majority of the committee members	2308
calling for the committee to meet.	2309

(3) In the case of a school district in which an exclusive	2310
representative has been established pursuant to Chapter 4117. of	2311
the Revised Code, professional development committees shall be	2312
established in accordance with any collective bargaining agreement	2313
in effect in the district that includes provisions for such	2314
committees.	2315

If the collective bargaining agreement does not specify a	2316
different method for the selection of teacher members of the	2317
committees, the exclusive representative of the district's	2318
teachers shall select the teacher members.	2319

If the collective bargaining agreement does not specify a	2320
different structure for the committees, the board of education of	2321
the school district shall establish the structure, including the	2322
number of committees and the number of teacher and administrative	2323
members on each committee; the specific administrative members to	2324
be part of each committee; whether the scope of the committees	2325
will be district levels, building levels, or by type of grade or	2326
age levels for which educator licenses are designated; the lengths	2327
of terms for members; the manner of filling vacancies on the	2328
committees; and the frequency and time and place of meetings.	2329
However, in all cases, except as provided in division (C)(4) of	2330
this section, there shall be a majority of teacher members of any	2331
professional development committee, there shall be at least five	2332
total members of any professional development committee, and the	2333
exclusive representative shall designate replacement members in	2334
the case of vacancies among teacher members, unless the collective	2335
bargaining agreement specifies a different method of selecting	2336
such replacements.	2337

(4) Whenever an administrator's coursework plan is being	2338
discussed or voted upon, the local professional development	2339
committee shall, at the request of one of its administrative	2340
members, cause a majority of the committee to consist of	2341
administrative members by reducing the number of teacher members	2342
voting on the plan.	2343

(D)(1) The department of education, educational service	2344
centers, county boards of mental retardation and developmental	2345
disabilities, regional professional development centers, special	2346
education regional resource centers, college and university	2347
departments of education, head start programs, the Ohio SchoolNet	2348
commission, and the Ohio education computer network may establish	2349
local professional development committees to determine whether the	2350
coursework proposed by their employees who are licensed or	2351
certificated under this section or section 3319.222 of the Revised	2352
Code meet the requirements of the rules adopted under this	2353
section. They may establish local professional development	2354
committees on their own or in collaboration with a school district	2355
or other agency having authority to establish them.	2356

Local professional development committees established by	2357
county boards of mental retardation and developmental disabilities	2358
shall be structured in a manner comparable to the structures	2359
prescribed for school districts in divisions (C)(2) and (3) of	2360
this section, as shall the committees established by any other	2361
entity specified in division (D)(1) of this section that provides	2362
educational services by employing or contracting for services of	2363
classroom teachers licensed or certificated under this section or	2364
section 3319.222 of the Revised Code. All other entities specified	2365
in division (D)(1) of this section shall structure their	2366
committees in accordance with guidelines which shall be issued by	2367
the state board.	2368

(2) Any public agency that is not specified in division	2369
(D)(1) of this section but provides educational services and	2370
employs or contracts for services of classroom teachers licensed	2371
or certificated under this section or section 3319.222 of the	2372
Revised Code may establish a local professional development	2373
committee, subject to the approval of the department of education.	2374
The committee shall be structured in accordance with guidelines	2375
issued by the state board.	2376

Sec. 3319.225. (A) No temporary educator license shall be	2377
issued under this section for employment as a principal after the	2378
effective date of the rules prescribed by division (A) of section	2379
3319.27 of the Revised Code. No temporary educator license shall	2380
be issued under this section for employment as a superintendent or	2381
in any other administrative position except principal after the	2382
effective date of the rules prescribed by division (B) of section	2383
3319.27 of the Revised Code.	2384

(B) Notwithstanding sections 3319.01 and 3319.22 of the	2385
Revised Code, the board of education of any city, local, or	2386
exempted village, or joint vocational school district, or the	2387
governing board of any educational service center may request the	2388
state board of education to issue a one-year temporary educator	2389
license valid for being employed as a superintendent, or in any	2390
other administrative position, to an individual specified by the	2391
district board. The state board of education may issue the	2392
educator license if the requesting district board has determined	2393
both of the following:	2394

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

2395

(B)(2) The individual holds at least a baccalaureate degree	2396
from an accredited institution of higher education in a field	2397
related to finance or administration, or has five years of recent	2398
work experience in education, management, or administration.	2399

A one-year temporary educator license is valid only in the	2400
district whose board requested the license. An individual holding	2401
such a license may be employed as a superintendent or in any other	2402
administrative position in such district. The state board of	2403
education may renew such license annually upon request of the	2404
employing district.	2405

Sec. 3319.23.  The state board of education shall establish	2406
standards and courses of study for the preparation of teachers,	2407
shall provide for the inspection of institutions desiring to	2408
prepare teachers, shall approve such institutions as maintain	2409
satisfactory training procedures, and shall properly license the	2410
graduates of such approved courses and institutions.	2411

The standards and courses of study for the preparation of	2412
teachers together with the standards, rules, and regulations set	2413
for each kind of license and for the renewal and conversion	2414
thereof shall be adopted and published by the board in accordance	2415
with Chapter 119. of the Revised Code and no change therein.	2416
Notwithstanding division (D) of section 119.03 and division (A)(1)	2417
of section 119.04 of the Revised Code, any standards, courses of	2418
study, rules, and regulations, or any amendment or rescission of	2419
such standards, courses of study, rules, and regulations, adopted	2420
by the board under this section that necessitate institutions	2421
offering teacher preparation programs approved by the board to	2422
revise the curriculum of those programs shall not be effective for	2423
at least one year from the first day of January next succeeding	2424
the publication of the said change.	2425

Sec. 3319.25. Any teacher performance assessment entity with	2426
which the department of education or the state board of education	2427
contracts or any independent agent with whom such entity, the	2428
department, or the state board contracts to provide services as a	2429
teacher performance assessor, trainer of assessors, or assessment	2430
coordinator is not liable for damages in a civil action concerning	2431
the actions of such entity or agent made in the conduct of a	2432
teacher performance assessment unless those actions were conducted	2433
with malicious purpose, in bad faith, or in a wanton or reckless	2434
manner.	2435

As used in this section, "teacher performance assessment"	2436
means an assessment prescribed by the state board of education to	2437
measure the classroom performance of a teacher who is a candidate	2438
for a professional educator license based on observations	2439
conducted by a trained assessor while the teacher is engaged in	2440
actual classroom instruction.	2441

Sec. 3319.26. (A) The state board of education shall adopt	2442
rules establishing the standards and requirements for obtaining an	2443
alternative educator license for teaching in grades seven to	2444
twelve, or the equivalent, in a designated subject area. However,	2445
an alternative educator license in the area of intervention	2446
specialist, as defined by rule of the state board, shall be valid	2447
for teaching in grades kindergarten to twelve. TheAn alternative	2448
educator license shall be issued to an individual who satisfies	2449
the requirements adopted by the state board upon the request of	2450
the superintendent of a city, local, exempted village, or joint	2451
vocational school district, the superintendent of an educational	2452
service center, or the chief administrator of a chartered	2453
nonpublic school.	2454

(B)(1) The rules shall require applicants for the license to	2455
holdsatisfy the following conditions prior to issuance of the	2456
license:	2457

(a) Hold a minimum of a baccalaureate degree, to have	2458
successfully completed;	2459

(b) Successfully complete three semester hours or the	2460
equivalent of college coursework in the developmental	2461
characteristics of adolescent youths and three semester hours or	2462
the equivalent in teaching methods, and to have passed;	2463

(c) Pass an examination in the subject area for which	2464
application is being made. An	2465

(2) An alternative educator license shall be valid for two	2466
years and shall not be renewable.	2467

(3) The rules shall require the holder of an alternative	2468
educator license, as a condition of continuing to hold the	2469
license, to show satisfactory progress in taking and successfully	2470
completing within two years at least twelve additional semester	2471
hours, or the equivalent, of college coursework in the principles	2472
and practices of teaching in such topics as student development	2473
and learning, pupil assessment procedures, curriculum development,	2474
classroom management, and teaching methodology.	2475

(C) The rules shall provide for the granting of a provisional	2476
educator license to a holder of an alternative educator license	2477
upon successfully completing all of the following:	2478

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

2479

(B)(2) The twelve semester hours, or the equivalent, of the	2480
additional college coursework described in division (B)(3) of this	2481
section;	2482

(C)(3) The assessment of subject matter content and	2483
professional knowledge that is required of other applicants for a	2484
provisional educator license. The standards for successfully	2485
completing this assessment and the manner of conducting the	2486
assessment shall be the same as for any other applicant for a	2487
provisional educator license.	2488

Sec. 3319.261. An individual who otherwise qualifies for an	2489
alternative educator license for employment as an intervention	2490
specialist as authorized under section 3319.26 of the Revised Code	2491
shall be issued such license without successful completion of the	2492
examination specified in division (B)(1)(c) of section 3319.26 of	2493
the Revised Code. The individual to whom the alternative educator	2494
license is issued under this section shall be required to	2495
successfully complete that examination prior to issuance of a	2496
provisional educator license as provided in division (C) of	2497
section 3319.26 of the Revised Code only after completing the	2498
coursework prescribed in division (B)(3) of that section.	2499

Sec. 3319.27. (A) The state board of education shall adopt	2500
rules that establish an alternative principal license. The rules	2501
establishing an alternative principal license shall include a	2502
requirement that an applicant have obtained classroom teaching	2503
experience. Beginning on the effective date of the rules, the	2504
state board shall cease to issue temporary educator licenses	2505
pursuant to section 3319.225 of the Revised Code for employment as	2506
a principal. Any person who on the effective date of the rules	2507
holds a valid temporary educator license issued under that section	2508
and is employed as a principal shall be allowed to continue	2509
employment as a principal until the expiration of the license.	2510
Employment of any such person as a principal by a school district	2511
after the expiration of the temporary educator license shall be	2512
contingent upon the state board issuing the person an alternative	2513
principal license in accordance with the rules adopted under this	2514
division.	2515

(B) The state board shall adopt rules that establish an	2516
alternative administrator license, which shall be valid for	2517
employment as a superintendent or in any other administrative	2518
position except principal. Beginning on the effective date of the	2519
rules, the state board shall cease to issue temporary educator	2520
licenses pursuant to section 3319.225 of the Revised Code for	2521
employment as a superintendent or in any other administrative	2522
position except principal. Any person who on the effective date of	2523
the rules holds a valid temporary educator license issued under	2524
that section and is employed as a superintendent or in any other	2525
administrative position except principal shall be allowed to	2526
continue employment in that position until the expiration of the	2527
license. Employment of any such person as a superintendent or in	2528
any other administrative position except principal by a school	2529
district after the expiration of the temporary educator license	2530
shall be contingent upon the state board issuing the person an	2531
alternative administrator license in accordance with the rules	2532
adopted under this division.	2533

Sec. 3319.29.  Each application for any license or	2534
certificate pursuant to sectionsections 3319.22 to 3319.28	2535
3319.27 of the Revised Code or for any permit pursuant to section	2536
3319.301 or 3319.303 of the Revised Code, or renewal or duplicate	2537
of such a license, certificate, or permit, shall be accompanied by	2538
the payment of a fee in the amount established under division (A)	2539
of section 3319.51 of the Revised Code. Any fees received under	2540
this section shall be paid into the state treasury to the credit	2541
of the state board of education licensure fund established under	2542
division (B) of section 3319.51 of the Revised Code.	2543

Any person applying for or holding a license, certificate, or	2544
permit pursuant to this section and sections 3319.22 to 3319.28	2545
3319.27 or section 3319.301 or 3319.303 of the Revised Code is	2546
subject to sections 3123.41 to 3123.50 of the Revised Code and any	2547
applicable rules adopted under section 3123.63 of the Revised Code	2548
and sections 3319.31 and 3319.311 of the Revised Code.	2549

Sec. 3319.291.  (A) Except for a certificate of the type	2550
described in division (B) of section 3319.281 of the Revised Code,	2551
whenWhen any person initially applies for any certificate,	2552
license, or permit described in division (B) of section 3301.071	2553
or, in section 3301.074, 3319.088, or 3319.29, or in division (A)	2554
of section 3319.303 of the Revised Code, the state board of	2555
education shall require the person to submit with the application	2556
two complete sets of fingerprints and written permission that	2557
authorizes the superintendent of public instruction to forward the	2558
fingerprints to the bureau of criminal identification and	2559
investigation pursuant to division (F) of section 109.57 of the	2560
Revised Code and that authorizes that bureau to forward the	2561
fingerprints to the federal bureau of investigation for purposes	2562
of obtaining any criminal records that the federal bureau	2563
maintains on the person.	2564

(B) The state board of education or the superintendent of	2565
public instruction may request the superintendent of the bureau of	2566
criminal identification and investigation to do either or both of	2567
the following:	2568

(1) Investigate and determine whether the bureau has any	2569
information, gathered pursuant to division (A) of section 109.57	2570
of the Revised Code, pertaining to any person submitting	2571
fingerprints and written permission under this section;	2572

(2) Obtain any criminal records that the federal bureau of	2573
investigation has on the person.	2574

Sec. 3319.303. (A) The state board of education shall adopt	2575
rules establishing standards and requirements for obtaining a	2576
pupil-activity program permit for any individual who does not hold	2577
a valid educator license, certificate, or permit issued by the	2578
state board under section 3319.22, 3319.26, 3319.27, or 3319.302	2579
of the Revised Code. The permit issued under this section shall be	2580
valid for coaching, supervising, or directing a pupil-activity	2581
program under section 3313.53 of the Revised Code. Subject to the	2582
provisions of section 3319.31 of the Revised Code, a permit issued	2583
under this section shall be valid for three years and shall be	2584
renewable.	2585

(B) The state board shall adopt rules applicable to	2586
individuals who hold valid educator licenses, certificates, or	2587
permits issued by the state board under section 3319.22, 3319.26,	2588
3319.27, or 3319.302 of the Revised Code setting forth standards	2589
to assure any such individual's competence to direct, supervise,	2590
or coach a pupil-activity program. The rules adopted under this	2591
division shall not be more stringent than the standards set forth	2592
in rules applicable to individuals who do not hold such licenses,	2593
certificates, or permits adopted under division (A) of this	2594
section.	2595

Sec. 3319.31.  (A) As used in this section and sections	2596
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	2597
means a certificate, license, or permit described in division (B)	2598
of section 3301.071 or, in section 3301.074, 3319.088, 3319.29, or	2599
3319.302, or in division (A) of section 3319.303 of the Revised	2600
Code.	2601

(B) For any of the following reasons, the state board of	2602
education, in accordance with Chapter 119. and section 3319.311 of	2603
the Revised Code, may refuse to issue a license to an applicant,	2604
may limit a license it issues to an applicant, or may suspend,	2605
revoke, or limit a license that has been issued to any person:	2606

(1) Engaging in an immoral act, incompetence, negligence, or	2607
conduct that is unbecoming to the applicant's or person's	2608
position;	2609

(2) A plea of guilty to, a finding of guilt by a jury or	2610
court of, or a conviction of any of the following:	2611

(a) A felony;

2612

(b) A violation of section 2907.04 or 2907.06 or division (A)	2613
or (B) of section 2907.07 of the Revised Code;	2614

(c) An offense of violence;

2615

(d) A theft offense, as defined in section 2913.01 of the	2616
Revised Code;	2617

(e) A drug abuse offense, as defined in section 2925.01 of	2618
the Revised Code, that is not a minor misdemeanor;	2619

(f) A violation of an ordinance of a municipal corporation	2620
that is substantively comparable to an offense listed in divisions	2621
(B)(2)(a) to (e) of this section.	2622

(C) The state board may take action under division (B) of	2623
this section on the basis of substantially comparable conduct	2624
occurring in a jurisdiction outside this state or occurring before	2625
a person applies for or receives any license.	2626

(D) The state board may adopt rules in accordance with	2627
Chapter 119. of the Revised Code to carry out this section and	2628
section 3319.311 of the Revised Code.	2629

Sec. 3319.311.  (A) The state board of education, or the	2630
superintendent of public instruction on behalf of the board, may	2631
investigate any information received about a person that	2632
reasonably appears to be a basis for action under section 3319.31	2633
of the Revised Code. The board shall contract with the office of	2634
the Ohio attorney general to conduct any investigation of that	2635
nature. The board shall pay for the costs of the contract only	2636
from moneys in the state board of education licensure fund	2637
established under division (B) of section 3319.51 of the Revised	2638
Code. All information obtained during an investigation is	2639
confidential and is not a public record under section 149.43 of	2640
the Revised Code. If an investigation is conducted under this	2641
division regarding information received about a person and no	2642
action is taken against the person under this section or section	2643
3319.31 of the Revised Code within two years of the completion of	2644
the investigation, all records of the investigation shall be	2645
expunged.	2646

(B) The superintendent of public instruction shall review the	2647
results of each investigation of a person conducted under division	2648
(A) of this section and shall determine, on behalf of the state	2649
board, whether the results warrant initiating action under section	2650
3319.31 of the Revised Code. The superintendent shall advise the	2651
board of such determination at a meeting of the board. Within	2652
fourteen days of the next meeting of the board, any member of the	2653
board may ask that the question of initiating action under section	2654
3319.31 of the Revised Code be placed on the board's agenda for	2655
that next meeting. Prior to initiating that action against any	2656
person, the person's name and any other personally identifiable	2657
information shall remain confidential.	2658

(C) The board shall take no action against a person under	2659
section 3319.31 of the Revised Code without providing the person	2660
with written notice of the charges and with an opportunity for a	2661
hearing in accordance with Chapter 119. of the Revised Code. For	2662

(D) For purposes of thean investigation under division (A)	2663
of this section or a hearing under division (C) of this section,	2664
the board, or the superintendent on behalf of the board, may	2665
administer oaths, order the taking of depositions, issue	2666
subpoenas, and compel the attendance of witnesses and the	2667
production of books, accounts, papers, records, documents, and	2668
testimony. The issuance of subpoenas under this division may be by	2669
certified mail or personal delivery to the person.	2670

(D)(E) The superintendent, on behalf of the board, may enter	2671
into a consent agreement with a person against whom action is	2672
being taken under section 3319.31 of the Revised Code. The board	2673
may adopt rules governing the superintendent's action under this	2674
division.	2675

(E)(F) The board automatically may suspend any license	2676
without a prior hearing if the license holder is convicted of or	2677
pleads guilty to one or more of the following offenses or a	2678
violation of an ordinance of a municipal corporation or a law of	2679
another state that is substantially comparable to one of the	2680
following offenses: aggravated murder; murder; aggravated arson;	2681
aggravated robbery; aggravated burglary; voluntary manslaughter;	2682
felonious assault; kidnapping; rape; sexual battery; gross sexual	2683
imposition; or unlawful sexual conduct with a minor. A suspension	2684
under this division is effective on the date of the conviction or	2685
guilty plea.	2686

For a suspension under this division, the board, in	2687
accordance with section 119.07 of the Revised Code, shall issue a	2688
written order of suspension to the license holder by certified	2689
mail or in person and shall afford the person a hearing upon	2690
request. If the person does not request a hearing within the time	2691
limits established by that section, the board shall enter a final	2692
order revoking the person's license. An order of suspension under	2693
this division is not subject to suspension by a court during the	2694
pendency of an appeal filed under section 119.12 of the Revised	2695
Code.	2696

An order of suspension under this division shall remain in	2697
effect, unless reversed on appeal, until the final order of the	2698
board, issued pursuant to this section and Chapter 119. of the	2699
Revised Code, becomes effective. The board shall issue a final	2700
order within sixty days of the date of an order of suspension	2701
under this division or a hearing on an order of suspension,	2702
whichever is later. If the board fails to issue a final order by	2703
that deadline, the order of suspension is dissolved. No	2704
dissolution of an order of suspension under this division shall	2705
invalidate a subsequent final order of the board.	2706

(F)(G) No surrender of a license shall be effective until the	2707
board takes action to accept the surrender unless the surrender is	2708
pursuant to a consent agreement entered into under division (D)(E)	2709
of this section.	2710

Sec. 3319.36.  (A) No treasurer of a board of education or	2711
educational service center shall draw a check for the payment of a	2712
teacher for services until the teacher files with the treasurer	2713
both of the following:	2714

(1) Such reports as are required by the state board of	2715
education, the school district board of education, or the	2716
superintendent of schools;	2717

(2) Except for a teacher who is engaged pursuant to section	2718
3319.301 of the Revised Code, a written statement from the city,	2719
exempted village, or local school district superintendent or the	2720
educational service center superintendent that the teacher has	2721
filed with the treasurer a legal educator license or internship	2722
certificate, or true copy of it, to teach the subjects or grades	2723
taught, with the dates of its validity. The state board of	2724
education shall prescribe the record and administration for such	2725
filing of educator licenses and internship certificates in	2726
educational service centers.	2727

(B) Notwithstanding division (A) of this section, the	2728
treasurer may pay either of the following:	2729

(1) Any teacher for services rendered during the first two	2730
months of the teacher's initial employment with the school	2731
district or educational service center, provided such teacher is	2732
the holder of a bachelor's degree or higher and has filed with the	2733
state board of education an application for the issuance of a	2734
provisional or professional educator license.	2735

(2) Any substitute teacher for services rendered while	2736
conditionally employed under section 3319.101 of the Revised Code.	2737

(C) Upon notice to the treasurer given by the state board of	2738
education or any superintendent having jurisdiction that reports	2739
required of a teacher have not been made, the treasurer shall	2740
withhold the salary of the teacher until the required reports are	2741
completed and furnished.	2742

Sec. 3319.39.  (A)(1) Except as provided in division	2743
(F)(2)(b) of section 109.57 of the Revised Code and division (I)	2744
of this section, the appointing or hiring officer of the board of	2745
education of a school district, the governing board of an	2746
educational service center, or of a chartered nonpublic school	2747
shall request the superintendent of the bureau of criminal	2748
identification and investigation to conduct a criminal records	2749
check with respect to any applicant who has applied to the school	2750
district, educational service center, or school for employment in	2751
any position as a person responsible for the care, custody, or	2752
control of a child. If the applicant does not present proof that	2753
the applicant has been a resident of this state for the five-year	2754
period immediately prior to the date upon which the criminal	2755
records check is requested or does not provide evidence that	2756
within that five-year period the superintendent has requested	2757
information about the applicant from the federal bureau of	2758
investigation in a criminal records check, the appointing or	2759
hiring officer shall request that the superintendent obtain	2760
information from the federal bureau of investigation as a part of	2761
the criminal records check for the applicant. If the applicant	2762
presents proof that the applicant has been a resident of this	2763
state for that five-year period, the appointing or hiring officer	2764
may request that the superintendent include information from the	2765
federal bureau of investigation in the criminal records check.	2766

(2) A person required by division (A)(1) of this section to	2767
request a criminal records check shall provide to each applicant a	2768
copy of the form prescribed pursuant to division (C)(2) of section	2769
109.572 of the Revised Code, provide to each applicant a standard	2770
impression sheet to obtain fingerprint impressions prescribed	2771
pursuant to division (C)(2) of section 109.572 of the Revised	2772
Code, obtain the completed form and impression sheet from each	2773
applicant, and forward the completed form and impression sheet to	2774
the superintendent of the bureau of criminal identification and	2775
investigation at the time the person requests a criminal records	2776
check pursuant to division (A)(1) of this section.	2777

(3) An applicant who receives pursuant to division (A)(2) of	2778
this section a copy of the form prescribed pursuant to division	2779
(C)(1) of section 109.572 of the Revised Code and a copy of an	2780
impression sheet prescribed pursuant to division (C)(2) of that	2781
section and who is requested to complete the form and provide a	2782
set of fingerprint impressions shall complete the form or provide	2783
all the information necessary to complete the form and shall	2784
provide the impression sheet with the impressions of the	2785
applicant's fingerprints. If an applicant, upon request, fails to	2786
provide the information necessary to complete the form or fails to	2787
provide impressions of the applicant's fingerprints, the board of	2788
education of a school district, governing board of an educational	2789
service center, or governing authority of a chartered nonpublic	2790
school shall not employ that applicant for any position for which	2791
a criminal records check is required pursuant to division (A)(1)	2792
of this section.	2793

(B)(1) Except as provided in rules adopted by the department	2794
of education in accordance with division (E) of this section and	2795
as provided in division (B)(3) of this section, no board of	2796
education of a school district, no governing board of an	2797
educational service center, and no governing authority of a	2798
chartered nonpublic school shall employ a person as a person	2799
responsible for the care, custody, or control of a child if the	2800
person previously has been convicted of or pleaded guilty to any	2801
of the following:	2802

(a) A violation of section 2903.01, 2903.02, 2903.03,	2803
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2804
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2805
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2806
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2807
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2808
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2809
2925.06, or 3716.11 of the Revised Code, a violation of section	2810
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2811
violation of section 2919.23 of the Revised Code that would have	2812
been a violation of section 2905.04 of the Revised Code as it	2813
existed prior to July 1, 1996, had the violation been committed	2814
prior to that date,, a violation of section 2925.11 of the Revised	2815
Code that is not a minor drug possession offense, or felonious	2816
sexual penetration in violation of former section 2907.12 of the	2817
Revised Code;	2818

(b) A violation of an existing or former law of this state,	2819
another state, or the United States that is substantially	2820
equivalent to any of the offenses or violations described in	2821
division (B)(1)(a) of this section.	2822

(2) A board, governing board of an educational service	2823
center, or a governing authority of a chartered nonpublic school	2824
may employ an applicant conditionally until the criminal records	2825
check required by this section is completed and the board or	2826
governing authority receives the results of the criminal records	2827
check. If the results of the criminal records check indicate that,	2828
pursuant to division (B)(1) of this section, the applicant does	2829
not qualify for employment, the board or governing authority shall	2830
release the applicant from employment.	2831

(3) No board and no governing authority of a chartered	2832
nonpublic school shall employ a teacher who previously has been	2833
convicted of or pleaded guilty to any of the offenses listed in	2834
section 3319.31 of the Revised Code.	2835

(C)(1) Each board and each governing authority of a chartered	2836
nonpublic school shall pay to the bureau of criminal	2837
identification and investigation the fee prescribed pursuant to	2838
division (C)(3) of section 109.572 of the Revised Code for each	2839
criminal records check conducted in accordance with that section	2840
upon the request pursuant to division (A)(1) of this section of	2841
the appointing or hiring officer of the board or governing	2842
authority.	2843

(2) A board and the governing authority of a chartered	2844
nonpublic school may charge an applicant a fee for the costs it	2845
incurs in obtaining a criminal records check under this section. A	2846
fee charged under this division shall not exceed the amount of	2847
fees the board or governing authority pays under division (C)(1)	2848
of this section. If a fee is charged under this division, the	2849
board or governing authority shall notify the applicant at the	2850
time of the applicant's initial application for employment of the	2851
amount of the fee and that, unless the fee is paid, the board or	2852
governing authority will not consider the applicant for	2853
employment.	2854

(D) The report of any criminal records check conducted by the	2855
bureau of criminal identification and investigation in accordance	2856
with section 109.572 of the Revised Code and pursuant to a request	2857
under division (A)(1) of this section is not a public record for	2858
the purposes of section 149.43 of the Revised Code and shall not	2859
be made available to any person other than the applicant who is	2860
the subject of the criminal records check or the applicant's	2861
representative, the board or governing authority requesting the	2862
criminal records check or its representative, and any court,	2863
hearing officer, or other necessary individual involved in a case	2864
dealing with the denial of employment to the applicant.	2865

(E) The department of education shall adopt rules pursuant to	2866
Chapter 119. of the Revised Code to implement this section,	2867
including rules specifying circumstances under which the board or	2868
governing authority may hire a person who has been convicted of an	2869
offense listed in division (B)(1) or (3) of this section but who	2870
meets standards in regard to rehabilitation set by the department.	2871

(F) Any person required by division (A)(1) of this section to	2872
request a criminal records check shall inform each person, at the	2873
time of the person's initial application for employment, of the	2874
requirement to provide a set of fingerprint impressions and that a	2875
criminal records check is required to be conducted and	2876
satisfactorily completed in accordance with section 109.572 of the	2877
Revised Code if the person comes under final consideration for	2878
appointment or employment as a precondition to employment for the	2879
school district, educational service center, or school for that	2880
position.	2881

(G) As used in this section:

2882

(1) "Applicant" means a person who is under final	2883
consideration for appointment or employment in a position with a	2884
board of education, governing board of an educational service	2885
center, or a chartered nonpublic school as a person responsible	2886
for the care, custody, or control of a child, except that	2887
"applicant" does not include a person already employed by a board	2888
or chartered nonpublic school in a position of care, custody, or	2889
control of a child who is under consideration for a different	2890
position with such board or school.	2891

(2) "Teacher" means a person holding an educator license,	2892
internship certificate, or permit issued under section 3319.22,	2893
3319.28, or 3319.301 of the Revised Code and teachers in a	2894
chartered nonpublic school.	2895

(3) "Criminal records check" has the same meaning as in	2896
section 109.572 of the Revised Code.	2897

(4) "Minor drug possession offense" has the same meaning as	2898
in section 2925.01 of the Revised Code.	2899

(H) If the board of education of a local school district	2900
adopts a resolution requesting the assistance of the educational	2901
service center in which the local district has territory in	2902
conducting criminal records checks of substitute teachers under	2903
this section, the appointing or hiring officer of such educational	2904
service center shall serve for purposes of this section as the	2905
appointing or hiring officer of the local board in the case of	2906
hiring substitute teachers for employment in the local district.	2907

(I) The requirements of this section shall not apply to a	2908
person holding a certificate of the type described in section	2909
3319.281 of the Revised Code who applies to a school district or	2910
school for employment in an adult instruction position under which	2911
that person is not responsible for the care, custody, or control	2912
of a child.	2913

Sec. 3319.51.  (A) The state board of education shall	2914
annually establish the amount of the fees required to be paid	2915
under division (B) of section 3301.071 and, under sections	2916
3301.074, 3319.088, 3319.29, and 3319.302, and under division (A)	2917
of section 3319.303 of the Revised Code. The amount of these fees	2918
shall be such that they, along with any appropriation made to the	2919
fund established under division (B) of this section, will be	2920
sufficient to cover the annual estimated cost of administering the	2921
sections of law listed under division (B) of this section.	2922

(B) There is hereby established in the state treasury the	2923
state board of education licensure fund, which shall be used by	2924
the state board of education solely to pay the cost of	2925
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	2926
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, 3319.303, and	2927
3319.31 of the Revised Code. The fund shall consist of the amounts	2928
paid into the fund pursuant to division (B) of section 3301.071	2929
and, sections 3301.074, 3319.088, 3319.29, and 3319.302, and	2930
division (A) of section 3319.303 of the Revised Code and any	2931
appropriations to the fund by the general assembly.	2932

Sec. 3319.56. The department of education shall identify	2933
promising practices in Ohio and throughout the country for	2934
engaging teachers certified by the national board for professional	2935
teaching standards and other master teachers, as defined by the	2936
educator standards board pursuant to section 3319.61 of the	2937
Revised Code, in ways that add value beyond their own classrooms.	2938
Practices identified by the department as promising may include	2939
placing national board certified and master teachers in key roles	2940
in peer review programs; having such teachers serve as coaches,	2941
mentors, and trainers for other teachers; or having such teachers	2942
develop curricula or instructional integration strategies.	2943

Once the department has identified promising practices, the	2944
department shall inform all school districts of the practices by	2945
posting such information on the department's world wide web site.	2946

Sec. 3319.57.  (A) A grant program is hereby established	2947
under which the department of education shall award grants to	2948
assist certain schools in a city, exempted village, local, or	2949
joint vocational school district in implementing one of the	2950
following innovations:	2951

(1) The use of instructional specialists to mentor and	2952
support classroom teachers;	2953

(2) The use of building managers to supervise the	2954
administrative functions of school operation so that a school	2955
principal can focus on supporting instruction, providing	2956
instructional leadership, and engaging teachers as part of the	2957
instructional leadership team;	2958

(3) The reconfiguration of school leadership structure in a	2959
manner that allows teachers to serve in leadership roles so that	2960
teachers may share the responsibility for making and implementing	2961
school decisions;	2962

(4) The adoption of new models for restructuring the school	2963
day or school year, such as including teacher planning and	2964
collaboration time as part of the school day;	2965

(5) The creation of smaller schools or smaller units within	2966
larger schools for the purpose of facilitating teacher	2967
collaboration to improve and advance the professional practice of	2968
teaching;	2969

(6) The implementation of "grow your own" recruitment	2970
strategies that are designed to assist individuals who show a	2971
commitment to education become licensed teachers, to assist	2972
experienced teachers obtain licensure in subject areas for which	2973
there is need, and to assist teachers in becoming principals;	2974

(7) The provision of better conditions for new teachers, such	2975
as reduced teaching load and reduced class size;	2976

(8) The provision of incentives to attract qualified	2977
mathematics, science, or special education teachers;	2978

(9) The development and implementation of a partnership with	2979
teacher preparation programs at colleges and universities to help	2980
attract teachers qualified to teach in shortage areas;	2981

(10) The implementation of a program to increase the cultural	2982
competency of both new and veteran teachers;	2983

(11) The implementation of a program to increase the subject	2984
matter competency of veteran teachers.	2985

(B) To qualify for a grant to implement one of the	2986
innovations described in division (A) of this section, a school	2987
must meet both of the following criteria:	2988

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

2989

(2) Use existing school district funds for the implementation	2990
of the innovation in an amount equal to the grant amount	2991
multiplied by (1 - the district's state share percentage for the	2992
fiscal year in which the grant is awarded).	2993

For purposes of division (B)(2) of this section, "state share	2994
percentage" shall be as calculated under section 3317.022 of the	2995
Revised Code, in the case of a city, local, or exempted village	2996
school district, or as calculated under section 3317.16 of the	2997
Revised Code, in the case of a joint vocational school district.	2998

(C) The amount and number of grants awarded under this	2999
section shall be determined by the department based on any	3000
appropriations made by the general assembly for grants under this	3001
section.	3002

(D) The state board of education shall adopt rules for the	3003
administration of this grant program.	3004

Sec. 3319.60. There is hereby established the educator	3005
standards board. The board shall develop and recommend standards	3006
for entering and continuing in the teaching and principalship	3007
professions to the state board of education.	3008

(A) The board shall consist of the following members	3009
appointed by the state board of education within one hundred	3010
twenty days of the effective date of this section:	3011

(1) Seven persons employed as teachers in a school district.	3012
Two persons appointed under this division shall be employed as	3013
classroom teachers in a secondary school, two persons shall be	3014
employed as classroom teachers in a middle school, two persons	3015
shall be employed as classroom teachers in an elementary school,	3016
and one person shall be a teacher who serves on a local	3017
professional development committee pursuant to section 3319.22 of	3018
the Revised Code. At least one person appointed under this	3019
division shall hold a teaching certificate or license issued by	3020
the national board for professional teaching standards. The Ohio	3021
education association and the Ohio federation of teachers shall	3022
each submit nominations for these appointments in a number	3023
proportionate to the number of teachers each organization	3024
represents.	3025

(2) One person employed as a classroom teacher in a chartered	3026
nonpublic school. Stakeholder organizations selected by the state	3027
board shall submit nominations for this appointment.	3028

(3) Four persons employed as school administrators. Of the	3029
four persons appointed under this division, one person shall be	3030
employed as a secondary school principal, one person shall be	3031
employed as a middle school principal, one person shall be	3032
employed as an elementary school principal, and one person shall	3033
be employed as a school district superintendent. Stakeholder	3034
organizations selected by the state board shall submit nominations	3035
for these appointments.	3036

(4) One person who is a member of a school district board of	3037
education. Stakeholder organizations selected by the state board	3038
shall submit nominations for this appointment.	3039

(5) Two persons employed by institutions of higher education	3040
that offer teacher preparation programs approved under section	3041
3319.23 of the Revised Code. The Ohio board of regents, in	3042
consultation with appropriate stakeholder groups, shall submit	3043
nominations for these appointments.	3044

(6) The superintendent of public instruction or a designee of	3045
the superintendent and the chancellor of the Ohio board of regents	3046
or a designee of the chancellor shall serve as nonvoting, ex	3047
officio members.	3048

When appointing members under divisions (A)(1) to (5) of this	3049
section, the state board shall take into account the racial and	3050
ethnic make up of the state and the geographic diversity of school	3051
districts in the state, such as the differences among rural,	3052
urban, and suburban districts.	3053

(B) All nominations under division (A) of this section shall	3054
be submitted to the state board not later than sixty days after	3055
the effective date of this section.	3056

(C) Initial terms of office for eight members shall be for	3057
four years and two years for seven members, beginning on the day	3058
all members are appointed to the board. At the first meeting of	3059
the board, members shall draw lots to determine the length of the	3060
term each member shall serve. Thereafter terms of office shall be	3061
for four years. Each member shall hold office from the date of the	3062
member's appointment until the end of the term for which the	3063
member was appointed. At the first meeting, appointed members	3064
shall select a chairperson and a vice-chairperson. Vacancies on	3065
the board shall be filled in the same manner as the original	3066
appointments. Any member appointed to fill a vacancy occurring	3067
prior to the expiration of the term for which the member's	3068
predecessor was appointed shall hold office for the remainder of	3069
such term. Any member shall continue in office subsequent to the	3070
expiration date of the member's term until the member's successor	3071
takes office, or until a period of sixty days has elapsed,	3072
whichever occurs first. Members may serve not more than two	3073
four-year terms.	3074

(D) Members shall receive no compensation for their services	3075
but shall be paid their actual and necessary expenses while	3076
engaged in the discharge of official duties.	3077

(E) The board is not subject to section 101.83 of the Revised	3078
Code.	3079

Sec. 3319.61. (A) The educator standards board, in	3080
consultation with the joint council of the state board of	3081
education and the Ohio board of regents, shall do all of the	3082
following:	3083

(1) Develop state standards for teachers and principals that	3084
reflect what teachers and principals are expected to know and be	3085
able to do at all stages of their careers. These standards shall	3086
be aligned with the statewide academic content standards for	3087
students adopted pursuant to section 3301.079 of the Revised Code,	3088
be primarily based on educator performance instead of years of	3089
experience or certain courses completed, and rely on	3090
evidence-based factors.	3091

(a) The standards for teachers shall reflect the following	3092
additional criteria:	3093

(i) Alignment with the interstate new teacher assessment and	3094
support consortium standards;	3095

(ii) Differentiation among novice, experienced, and advanced	3096
teachers;	3097

(iii) Reliance on competencies that can be measured;

3098

(iv) Reliance on content knowledge, teaching skills,	3099
discipline-specific teaching methods, and requirements for	3100
professional development;	3101

(v) Alignment with a career-long system of professional	3102
development and evaluation that ensures teachers receive the	3103
support and training needed to achieve the teaching standards as	3104
well as reliable feedback about how well they meet the standards.	3105

(b) The standards for principals shall be aligned with the	3106
interstate school leaders licensing consortium standards.	3107

(2) Develop standards for the renewal of educator licenses	3108
under section 3319.22 of the Revised Code;	3109

(3) Develop standards for educator professional development.

3110

(B) The educator standards board shall incorporate indicators	3111
of cultural competency into the standards developed under division	3112
(A) of this section. For this purpose, the educator standards	3113
board shall develop a definition of cultural competency based upon	3114
content and experiences that enable educators to know, understand,	3115
and appreciate the students, families, and communities that they	3116
serve and skills for addressing cultural diversity in ways that	3117
respond equitably and appropriately to the cultural needs of	3118
individual students.	3119

(C) In developing the standards under division (A) of this	3120
section, the educator standards board shall consider the impact of	3121
the standards on closing the achievement gap between students of	3122
different subgroups.	3123

(D) In developing the standards under division (A) of this	3124
section, the educator standards board shall ensure that teachers	3125
and principals have sufficient knowledge to provide appropriate	3126
instruction for students identified as gifted pursuant to Chapter	3127
3324. of the Revised Code and to assist in the identification of	3128
such students.	3129

(E) The educator standards board shall also perform the	3130
following functions:	3131

(1) Collaborate with colleges and universities that offer	3132
teacher preparation programs approved pursuant to section 3319.23	3133
of the Revised Code to align teacher and principal preparation	3134
courses with the standards developed under division (A) of this	3135
section and with student academic content standards adopted under	3136
section 3301.079 of the Revised Code;	3137

(2) Monitor compliance with the teacher and principal	3138
standards developed under division (A) of this section and make	3139
recommendations to the state board of education for appropriate	3140
corrective action if such standards are not met;	3141

(3) Research, develop, and recommend policies on the	3142
professions of teaching and school administration;	3143

(4) Define a "master teacher" in a manner that can be used	3144
uniformly by all school districts;	3145

(5) Recommend policies to close the achievement gap between	3146
students of different subgroups.	3147

(F) The educator standards board shall submit recommendations	3148
of standards developed under division (A) of this section to the	3149
state board of education by August 31, 2004. The state board of	3150
education shall review and adopt standards based on these	3151
recommendations.	3152

Sec. 3319.62. The department of education shall establish the	3153
state office of educator standards within the center for the	3154
teaching profession to provide administrative services to the	3155
educator standards board. The department may employ a director for	3156
the office and such other staff as are necessary for the operation	3157
of the office. When appropriate, current employees of the	3158
department shall conduct the operation of the office.	3159

Sec. 3319.65. The state board of education shall establish a	3160
credential review board. The credential review board shall carry	3161
out any functions assigned to it by the state board with respect	3162
to assessing individuals pursuing alternative routes to educator	3163
licensure and out of state educators seeking licensure in Ohio.	3164
The credential review board may also carry out any other duties	3165
the state board considers appropriate.	3166

The board is not subject to section 101.83 of the Revised	3167
Code.	3168

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

3169

(1) "Articulation agreement" means an agreement between two	3170
or more state institutions of higher education to facilitate the	3171
transfer of students and credits between such institutions.	3172

(2) "State institution of higher education" and "state	3173
university" have the same meanings as in section 3345.011 of the	3174
Revised Code.	3175

(3) "Two year college" includes a community college, state	3176
community college, technical college, and university branch.	3177

(B) Not later than December 31, 2004, the Ohio board of	3178
regents shall do both of the following:	3179

(1) Adopt rules for the development of articulation	3180
agreements between two year colleges and state universities that	3181
are located within the same geographic region of the state, as	3182
determined by the board of regents, for transfer students pursuing	3183
teacher education programs. The rules shall require an	3184
articulation agreement between such institutions to include all of	3185
the following:	3186

(a) The development of a transfer module for teacher	3187
education that includes introductory level courses that are	3188
evaluated as appropriate by faculty employed by the state	3189
institutions of higher education that are parties to the	3190
articulation agreement;	3191

(b) A foundation of general studies courses that have been	3192
identified as part of the transfer module for teacher education	3193
and have been evaluated as appropriate for the preparation of	3194
teachers and consistent with the academic content standards	3195
adopted under section 3301.079 of the Revised Code;	3196

(c) A clear identification of university faculty who are	3197
partnered with two year college faculty;	3198

(d) The publication of the articulation agreement that is	3199
available to all students, faculty, and staff.	3200

(2) Submit formal recommendations to the general assembly for	3201
a statewide articulation agreement system for teacher education	3202
programs.	3203

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

3204

(1) "Institution of higher education" includes all of the	3205
following:	3206

(a) A state institution of higher education, as defined in	3207
section 3345.011 of the Revised Code;	3208

(b) A nonprofit institution issued a certificate of	3209
authorization by the Ohio board of regents under Chapter 1713. of	3210
the Revised Code;	3211

(c) A private institution exempt from regulation under	3212
Chapter 3332. of the Revised Code, as prescribed in section	3213
3333.046 of the Revised Code;	3214

(d) An institution of higher education with a certificate of	3215
registration from the state board of career colleges and schools	3216
under Chapter 3332. of the Revised Code.	3217

(2) "Student financial assistance supported by state funds"	3218
includes assistance granted under sections 3315.33, 3333.12,	3219
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	3220
5910.032, and 5919.34 of the Revised Code and any other	3221
post-secondary student financial assistance supported by state	3222
funds.	3223

(B) An individual who is convicted of, pleads guilty to, or	3224
is adjudicated a delinquent child for one of the following	3225
violations shall be ineligible to receive any student financial	3226
assistance supported by state funds at an institution of higher	3227
education for two calendar years from the time the individual	3228
applies for assistance of that nature:	3229

(1) A violation of section 2917.02 or 2917.03 of the Revised	3230
Code;	3231

(2) A violation of section 2917.04 of the Revised Code that	3232
is a misdemeanor of the fourth degree and occurs within the	3233
proximate area where four or more others are acting in a course of	3234
conduct in violation of section 2917.11 of the Revised Code;	3235

(3) A violation of section 2917.13 of the Revised Code that	3236
is a misdemeanor of the fourth or first degree and occurs within	3237
the proximate area where four or more others are acting in a	3238
course of conduct in violation of section 2917.11 of the Revised	3239
Code.	3240

(C) If an individual is convicted of, pleads guilty to, or is	3241
adjudicated a delinquent child for committing a violation of	3242
section 2907.022917.02 or 2907.032917.03 of the Revised Code,	3243
and if the individual is enrolled in a state-supported institution	3244
of higher education, the institution in which the individual is	3245
enrolled shall immediately dismiss the individual. No	3246
state-supported institution of higher education shall admit an	3247
individual of that nature for one academic year after the	3248
individual applies for admission to a state-supported institution	3249
of higher education. This division does not limit or affect the	3250
ability of a state-supported institution of higher education to	3251
suspend or otherwise discipline its students.	3252

Section 2. That existing sections 3301.079, 3301.0710,	3253
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.04,	3254
3307.01, 3313.28, 3313.53, 3318.031, 3319.09, 3319.11, 3319.111,	3255
3319.22, 3319.225, 3319.23, 3319.26, 3319.29, 3319.291, 3319.31,	3256
3319.311, 3319.36, 3319.39, 3319.51, and 3333.38 and sections	3257
Sec. 3301.801. ,        Sec. 3314.12. , and        Sec. 3319.28.  of the Revised Code are hereby	3258
repealed.	3259

Section 3. The Legislative Office of Education Oversight	3260
shall conduct a study of minimum starting salaries for teachers	3261
with bachelor degrees. The Office shall, in consultation with	3262
Ohio's education stakeholders, identify a select number of states	3263
that are demographically and economically similar to Ohio,	3264
including states that because of geographic proximity compete with	3265
Ohio for new teachers. For the state of Ohio and each of the	3266
selected states, the Office shall determine the minimum	3267
compensation levels for beginning teachers, calculate the average	3268
compensation for beginning teachers, and project, based on recent	3269
history and current economic conditions, the average compensation	3270
for beginning teachers in the 2007-2008 academic year. The Office	3271
shall also compare the selected states to Ohio.	3272

The Office shall submit the final results of this study to	3273
the Governor and members of the General Assembly not later than	3274
September 30, 2004.	3275

Section 4. As used in this section, "career ladder program"	3276
means a performance-based multilevel system of teaching positions	3277
or compensation levels within a school district or district	3278
building.	3279

The department of education shall develop a proposal for a	3280
career ladder program on a pilot basis. In developing this	3281
program, the department shall incorporate all of the following:	3282

(A) A knowledge and skills based career ladder component.	3283
This component shall permit a teacher to progress through tiers,	3284
such as novice teacher, accomplished teacher, advanced teacher,	3285
and master teacher as the teacher demonstrates increased levels of	3286
knowledge and skills. As a teacher progresses through these tiers,	3287
levels of compensation increase accordingly.	3288

(B) A responsibility-based career ladder component. This	3289
component shall permit a teacher to take on increased	3290
responsibilities such as mentoring other teachers, serving as	3291
teacher leaders or adjunct faculty for a college or university, or	3292
developing curriculum. A teacher with expanded job	3293
responsibilities such as these shall receive increased	3294
compensation.	3295

(C) A student progress-based career ladder component. This	3296
component shall award teachers monetary bonuses based on measures	3297
of student progress.	3298

Section 5. The Department of Education and the Ohio Board of	3299
Regents shall develop a proposal for a pilot program between a	3300
school district and a college or university that is approved to	3301
offer teacher preparation programs pursuant to section 3319.23 of	3302
the Revised Code. The pilot program shall encourage the college or	3303
university's faculty to spend more time in the school district's	3304
buildings and classrooms and engage in other clinical experiences.	3305
In addition, participation in the pilot program shall require a	3306
college or university to provide incentives for faculty to share	3307
what they have learned from the pilot program with their	3308
colleagues through publications and other learning experiences.	3309

Section 6. The Educator Standards Board established by this	3310
act shall work with the Ohio Teacher Education and Licensure	3311
Advisory Commission to transition the duties formerly performed by	3312
the Commission to the Educator Standards Board.	3313

Section 7. Within ninety days of the effective date of this	3314
section, the Ohio Department of Education shall develop a	3315
definition of a "hard to staff" school. In defining this term, the	3316
Department shall examine whether a school:	3317

(A) Has difficulty recruiting and retaining high quality	3318
school personnel, as determined by the Department;	3319

(B) Has a high number of teachers who are teaching	3320
out-of-field, as determined by the Department;	3321

(C) Has high student poverty, as determined by the	3322
Department;	3323

(D) Has a high number of students who do not attain at least	3324
a proficient score on the tests prescribed in section 3301.0710 or	3325
3301.0712 of the Revised Code;	3326

(E) Has a significant achievement gap among various groups of	3327
students.	3328

In addition, the Department shall consider definitions and	3329
models used by other states.	3330

The Department shall identify schools that meet the	3331
definition developed under this section and shall publish the list	3332
of those schools on the Department's web site.	3333

Section 8. At such time as sufficient funding is available,	3334
the Department of Education shall develop a pilot project in not	3335
fewer than two school districts selected by the Department, each	3336
of which contain a "hard to staff" school as that term is defined	3337
by the Department. One of the selected districts shall be an urban	3338
school district and one shall be a rural school district.	3339

The selected districts shall use any funds allocated under	3340
the pilot project for one or more of the following purposes:	3341

(A) The use of instructional specialists to mentor and	3342
support classroom teachers;	3343

(B) The use of building managers to supervise the	3344
administrative functions of school operation so that a school	3345
principal can focus on supporting instruction, providing	3346
instructional leadership, and engaging teachers as part of the	3347
instructional leadership team;	3348

(C) The reconfiguration of school leadership structure in a	3349
manner that allows teachers to serve in leadership roles so that	3350
teachers may share the responsibility for making and implementing	3351
school decisions;	3352

(D) The adoption of new models for restructuring the school	3353
day or school year, such as including teacher planning and	3354
collaboration time as part of the school day;	3355

(E) The creation of smaller schools or smaller units within	3356
larger schools for the purpose of facilitating teacher	3357
collaboration to improve and advance the professional practice of	3358
teaching;	3359

(F) The implementation of "grow your own" recruitment	3360
strategies that are designed to assist individuals who show a	3361
commitment to education become licensed teachers, to assist	3362
experienced teachers obtain licensure in subject areas for which	3363
there is need, and to assist teachers in becoming principals;	3364

(G) The provision of better conditions for new teachers, such	3365
as reduced teaching load and reduced class size;	3366

(H) The provision of incentives to attract qualified	3367
mathematics, science, or special education teachers;	3368

(I) The development and implementation of a partnership with	3369
teacher preparation programs at colleges and universities to help	3370
attract teachers qualified to teach in shortage areas;	3371

(J) The implementation of a program to increase the cultural	3372
competency of both new and veteran teachers;	3373

(K) The implementation of a program to increase the subject	3374
matter competency of veteran teachers.	3375

Section 9. It is the intent of the General Assembly that the	3376
noninstructional needs of students, including special physical,	3377
mental, and emotional needs, be met so as to not hinder learning.	3378
Therefore, it is the further intent of the General Assembly that	3379
school districts and appropriate state health and social service	3380
agencies work together to provide appropriate noninstructional	3381
services to students so that teachers are able to focus their	3382
efforts on the instructional needs of students.	3383

Section 10. Upon the effective date of this section, the	3384
State Board of Education shall forthwith begin procedures for the	3385
adoption of a rule that complies with section 3319.303 of the	3386
Revised Code, as enacted by this act, so that the rule is	3387
effective at the earliest possible date provided for by law.	3388

Section 11. That Sections 11, 12, 13, and 14 of Am. Sub. H.B.	3389
3 of the 125th General Assembly be amended to read as follows:	3390

Sec. 11. The Legislative Office of Education Oversight shall	3391
conduct a study that evaluates the correlation between students'	3392
race and class and academic achievement, particularly. To the	3393
extent possible, the Office shall use existing data on district	3394
wealth to make a variety of comparisons, including comparing the	3395
academic achievement of low-income, African-American and Hispanic	3396
students with that of middle-class, white students. In conducting	3397
the study, the Office shall use at least five years of data	3398
collected and maintained by the Ohio Department of Education. The	3399
study shall focus on the academic achievement of students in the	3400
fourth, sixth, and ninth grades. The Office shall submit the final	3401
results of the study to the General Assembly not later than	3402
September 30, 2004.	3403

Sec. 12. The Legislative Office of Education Oversight shall	3404
conduct a study of the intervention services required to be	3405
provided by school districts under sections 3301.0711, 3313.608,	3406
and 3313.6012 of the Revised Code. If any diagnostic assessment is	3407
administered by school districts in accordance with section	3408
3301.0715 of the Revised Code in the school year beginning July 1,	3409
2003, the Office also shall include the intervention services	3410
required by that section in the study. In conducting the study,	3411
the Office shall examine each of the following issues:	3412

(A) The types of intervention services that districts are	3413
currently providing to students;	3414

(B) The manner in which the Department of Education informs	3415
districts of their obligation to provide intervention services and	3416
assists the districts in developing appropriate intervention	3417
strategies;	3418

(C) The manner in which the Department tracks compliance by	3419
school districts with requirements to provide intervention	3420
services;	3421

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

3422

(E) Whether there are any intervention services that	3423
districts are not providing due to insufficient funding.	3424

The Office shall issue a written report of its findings to	3425
the General Assembly not later than DecemberMarch 31, 20042005.	3426

Sec. 13. The Legislative Office of Education Oversight shall	3427
conduct a study of the performance of students in the Class of	3428
2007 on the Ohio Graduation Tests prescribed by division (B) of	3429
section 3301.0710 of the Revised Code to determine how well	3430
students meet the statewide academic standards developed pursuant	3431
to section 3301.079 of the Revised Code. The study shall include	3432
all students who enter the ninth grade in the school year	3433
beginning July 1, 2003; the Office shall not exclude from any	3434
analysis students who leave school prior to graduation. In	3435
conducting the study, the Office shall determine the number of	3436
such students who attain a score at the proficient level on all	3437
five of the Ohio Graduation Tests by June 30, 2007. To the extent	3438
possible, the Office also shall determine the number of such	3439
students who satisfy the alternative conditions described in	3440
section 3313.615 of the Revised Code for meeting the testing	3441
requirement to be eligible for a diploma. The Office shall issue	3442
annual written reports in June 2006 and June 2007 to the General	3443
Assembly, and shall issue a final, comprehensive written report of	3444
its findings to the General Assembly not later than December 31,	3445
2007June 30, 2008.	3446

Sec. 14. The Legislative Office of Education Oversight shall	3447
conduct a study that reviews the progress of school districts and	3448
the Department of Education in hiring highly qualified teachers in	3449
the core subject areas of English, reading, language arts,	3450
mathematics, science, foreign language, civics and government,	3451
economics, arts, history, and geography, as required by Title I of	3452
the "No Child Left Behind Act," Pub. L. No. 107-110. The study	3453
shall evaluate, over a five-year period, all of the following:	3454

(A) The progress of individual school districts in complying	3455
with the highly qualified teacher requirement;	3456

(B) Whether the definition of "highly qualified teacher"	3457
adopted by the State Board of Education complies with the "No	3458
Child Left Behind Act";	3459

(C) The efforts of the Department of Education in assisting	3460
school districts to comply with the "No Child Left Behind Act's"	3461
requirement, and in monitoring the progress of school districts in	3462
ensuring highly qualified teachers are employed in core subject	3463
areas.	3464

The Office shall submit three interim reports of its findings	3465
to the General Assembly. The first interim report, due September	3466
30, 2005, shall evaluate compliance with the highly qualified	3467
teacher requirement in the 2002-2003 and 2003-2004 school years,	3468
the. The second interim report, due September 30, 2006, shall	3469
evaluate compliance with the requirement in the 2004-2005 school	3470
year, and the. The third interim report, due September 30, 2007,	3471
shall evaluate compliance with the requirement in the 2005-2006	3472
school year. A final report shall be submitted to the General	3473
Assembly, not later than September 30, 2008, that evaluates	3474
compliance in the 2006-2007 school year and the prior four school	3475
years.	3476

Section 12. That existing Sections 11, 12, 13, and 14 of Am.	3477
Sub. H.B. 3 of the 125th General Assembly are hereby repealed.	3478

Section 13. That Sections 41.03, 41.05, 41.10, and 146 of Am.	3479
Sub. H.B. 95 of the 125th General Assembly be amended to read as	3480
follows:	3481

Sec. 41.03. PROFESSIONAL DEVELOPMENT

3491

The foregoing appropriation item 200-410, Professional	3482
Development, shall be used to fund professional development	3483
programs in Ohio. The Ohio Department of Education shall, where	3484
possible, incorporate cultural competency as a component of	3485
professional development and actively promote the development of	3486
cultural competency in the operation of its professional	3487
development programs. As used in this section, "cultural	3488
competency" has the meaning specified by the Educator Standards	3489
Board under section 3319.61 of the Revised Code.	3490

Of the foregoing appropriation item 200-410, Professional	3492
Development, $5,200,000 in fiscal year 2004 shall be used by the	3493
Department of Education to support a statewide comprehensive	3494
system of regional professional development centers that support	3495
local educators' ability to foster academic achievement in the	3496
students they serve. Of the foregoing appropriation item 200-410,	3497
Professional Development, $5,200,000 in fiscal year 2005 shall be	3498
used by the regional education delivery system. Before releasing	3499
these funds in fiscal year 2005, the Department of Education shall	3500
submit a spending plan to the Controlling Board. The release of	3501
the funds is contingent on Controlling Board approval of the	3502
spending plan. Both the regional professional development centers	3503
in fiscal year 2004 and the regional education delivery system in	3504
fiscal year 2005 shall include training that assists educators,	3505
school leadership, and technical assistance providers in	3506
understanding and implementing standards-based education, data	3507
analysis, and development of assessment systems for quality	3508
instruction.	3509

Of the foregoing appropriation item 200-410, Professional	3510
Development, $7,079,625 in fiscal year 2004 and $7,329,625 in	3511
fiscal year 2005 shall be used by the Department of Education to	3512
provide grants to pay $2,000 of the application fee in order to	3513
assist teachers from public and chartered nonpublic schools	3514
applying for the first time to the National Board for Professional	3515
Teaching Standards for professional teaching certificates or	3516
licenses that the board offers. This set aside shall also be used	3517
to recognize and reward teachers who become certified by the	3518
National Board for Professional Teaching Standards pursuant to	3519
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	3520
year of this set aside may be used by the Department to pay for	3521
costs associated with activities to support candidates through the	3522
application and certification process.	3523

These moneys shall be used to pay up to the first 500	3524
applications in fiscal year 2004 and the first 400 applications in	3525
fiscal year 2005 received by the Department.	3526

Of the foregoing appropriation item 200-410, Professional	3527
Development, up to $10,442,358 in each fiscal year shall be	3528
allocated for entry year programs. These funds shall be used to	3529
support mentoring services and performance assessments of	3530
beginning teachers in school districts and chartered nonpublic	3531
schools.	3532

Of the foregoing appropriation item 200-410, Professional	3533
Development, up to $188,090 in each fiscal year shall be used to	3534
provide technical assistance and grants for districts to develop	3535
local knowledge/skills-based compensation systems. Each district	3536
receiving grants shall issue an annual report to the Department of	3537
Education detailing the use of the funds and the impact of the	3538
system developed by the district.	3539

Of the foregoing appropriation item 200-410, Professional	3540
Development, up to $670,000 in each fiscal year shall be used for	3541
training and professional development of school administrators,	3542
school treasurers, and school business officials.	3543

Of the foregoing appropriation item 200-410, Professional	3544
Development, $144,000 in each fiscal year shall be used by the	3545
Department of Education to develop a supply and demand report that	3546
describes the availability of quality educators and critical	3547
educator shortage areas in Ohio.	3548

Of the foregoing appropriation item 200-410, Professional	3549
Development, $1,056,000 in each fiscal year shall be used for	3550
educator recruitment programs targeting special need areas,	3551
including recruiting highly qualified minority candidates into	3552
teaching, recruiting prospective mathematics and science teachers,	3553
and targeting other areas of special need.	3554

Of the foregoing appropriation item 200-410, Professional	3555
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	3556
year 2005 shall be used to support the Ohio University Leadership	3557
Program.	3558

Of the foregoing appropriation item 200-410, Professional	3559
Development, $4,650,000 in each fiscal year 2004 shall be	3560
allocated by the Department of Education on a per pupil basis, to	3561
school districts in academic emergency at any time in 2003, and	3562
$4,650,000 in fiscal year 2005 shall be allocated by the	3563
Department of Education, on a per pupil basis, to school districts	3564
with a three-year average graduation rate of not more than	3565
seventy-five per cent. As used in this section, "three-year	3566
average" and "graduation rate" have the meanings specified in	3567
section 3302.01 of the Revised Code. These funds shall be used by	3568
the districts to provide an equivalent of five days of ongoing	3569
embedded professional development for classroom teachers who	3570
provide instruction in the subject areas of reading, writing,	3571
mathematics, science, or social studies to students enrolled in	3572
the ninth or tenth grade. This professional development shall	3573
focus on developing subject competency, developing cultural	3574
competency, developing skills for analyzing test data, and	3575
developing data-based intervention strategies to prepare students	3576
below grade level to pass the Ohio Graduation Test. Districts	3577
shall submit a research-based, professional development plan for	3578
five days of embedded professional development to the Department	3579
of Education prior to receiving funds. The plan shall detail how	3580
ninth and tenth grade teachers will learn and implement classroom	3581
strategies for students to reach state standards in mathematics,	3582
reading, writing, social studies, and science.	3583

Sec. 41.05. SCHOOL IMPROVEMENT INITIATIVES

3584

Of the foregoing appropriation item 200-431, School	3585
Improvement Initiatives, $10,505,625 in each fiscal year shall be	3586
used to provide technical assistance to school districts that are	3587
declared to be in a state of academic watch or academic emergency	3588
under section 3302.03 of the Revised Code to provide support to	3589
districts in the development and implementation of their	3590
continuous improvement plans as required in section 3302.04 of the	3591
Revised Code and to provide technical assistance and support in	3592
accordance with Title I of the "No Child Left Behind Act of 2001,"	3593
115 Stat. 1425, 20 U.S.C. 6317.	3594

Of the foregoing appropriation item 200-431, School	3595
Improvement Initiatives, up to $350,000 in each fiscal year shall	3596
be used to reduce the dropout rate by addressing the academic and	3597
social problems of inner-city students through Project GRAD.	3598

Of the foregoing appropriation item 200-431, School	3599
Improvement Initiatives, $50,000 in each fiscal year shall be used	3600
to support LEAF.	3601

READING/WRITING/MATH IMPROVEMENT

3602

Of the foregoing appropriation item 200-433,	3603
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	3604
year shall be used for professional development in literacy for	3605
classroom teachers, administrators, and literacy specialists, and	3606
to provide intensive summer training for mathematics teachers.	3607

Of the foregoing appropriation item 200-433,	3608
Reading/Writing/Math Improvement, $250,000 in each fiscal year	3609
shall be used to continue the Waterford Early Reading Program.	3610

Of the foregoing appropriation item 200-433,	3611
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	3612
year shall be used by the Department of Education to fund the	3613
Reading Recovery Training Network, to cover the cost of release	3614
time for the teacher trainers, and to provide grants to districts	3615
to implement other reading improvement programs on a pilot basis.	3616
Funds from this appropriation item also may be used to conduct	3617
evaluations of the impact and effectiveness of Reading Recovery	3618
and other reading improvement programs.	3619

The remainder of appropriation item 200-433,	3620
Reading/Writing/Math Improvement, shall be used to support	3621
standards-based classroom reading and writing instruction and	3622
reading intervention and the design/development of standards-based	3623
literacy curriculum materials; to support literacy professional	3624
development partnerships between the Department of Education,	3625
higher education institutions, the literacy specialists project,	3626
the Ohio principals' literacy network, regional literacy teams,	3627
literacy networks, and school districts.	3628

STUDENT ASSESSMENT

3629

Of the foregoing appropriation item 200-437, Student	3630
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	3631
year 2005 shall be used by the Department of Education to train	3632
school district personnel to score the practice version of the	3633
Ohio Graduation Test to be taken by students enrolled in the ninth	3634
grade in school districts that are in academic watch or academic	3635
emergency or that have a three-year average graduation rate of not	3636
more than seventy-five per cent pursuant to sections 3301.0710 and	3637
3301.0711 of the Revised Code. As used in this section,	3638
"three-year average" and "graduation rate" have the same meanings	3639
as in section 3302.01 of the Revised Code.	3640

The remainder of appropriation item 200-437, Student	3641
Assessment, shall be used to develop, field test, print,	3642
distribute, score, report results, and support other associated	3643
costs for the tests required under sections 3301.0710 and	3644
3301.0711 of the Revised Code and for similar purposes as required	3645
by section 3301.27 of the Revised Code.	3646

ACCOUNTABILITY/REPORT CARDS

3647

The foregoing appropriation item 200-439,	3648
Accountability/Report Cards, shall be used for the development of	3649
an accountability system that includes the preparation and	3650
distribution of school report cards pursuant to section 3302.03 of	3651
the Revised Code.	3652

AMERICAN SIGN LANGUAGE

3653

Of the foregoing appropriation item 200-441, American Sign	3654
Language, up to $136,943 in each fiscal year shall be used to	3655
implement pilot projects for the integration of American Sign	3656
Language deaf language into the kindergarten through twelfth-grade	3657
curriculum.	3658

The remainder of the appropriation shall be used by the	3659
Department of Education to provide supervision and consultation to	3660
school districts in dealing with parents of children who are deaf	3661
or hard of hearing, in integrating American Sign Language as a	3662
foreign language, and in obtaining interpreters and improving	3663
their skills.	3664

CHILD CARE LICENSING

3665

The foregoing appropriation item 200-442, Child Care	3666
Licensing, shall be used by the Department of Education to license	3667
and to inspect preschool and school-age child care programs in	3668
accordance with sections 3301.52 to 3301.59 of the Revised Code.	3669

OHIOREADS ADMIN/VOLUNTEER SUPPORT

3670

The foregoing appropriation item 200-445, OhioReads	3671
Admin/Volunteer Support, may be allocated by the OhioReads Office	3672
in the Department of Education at the direction of the OhioReads	3673
Council for volunteer coordinators in public school buildings, to	3674
educational service centers for costs associated with volunteer	3675
coordination, for background checks for volunteers, to evaluate	3676
the OhioReads Program, and for operating expenses associated with	3677
administering the program.	3678

Sec. 41.10.  ADULT LITERACY EDUCATION

3679

The foregoing appropriation item 200-509, Adult Literacy	3680
Education, shall be used to support adult basic and literacy	3681
education instructional programs and the State Literacy Resource	3682
Center Program.	3683

Of the foregoing appropriation item 200-509, Adult Literacy	3684
Education, up to $519,188 in each fiscal year shall be used for	3685
the support and operation of the State Literacy Resource Center.	3686

Of the foregoing appropriation item 200-509, Adult Literacy	3687
Education, $146,250 in each fiscal year shall be used to support	3688
initiatives for English as a second language programs in	3689
combination with citizenship. Funding shall be provided to	3690
organizations that received such funds during fiscal year 2003	3691
from appropriation item 200-570, School Improvement Incentive	3692
Grants.	3693

The remainder of the appropriation shall be used to continue	3694
to satisfy the state match and maintenance of effort requirements	3695
for the support and operation of the Department of	3696
Education-administered instructional grant program for adult basic	3697
and literacy education in accordance with the department's state	3698
plan for adult basic and literacy education as approved by the	3699
State Board of Education and the Secretary of the United States	3700
Department of Education.	3701

AUXILIARY SERVICES

3702

The foregoing appropriation item 200-511, Auxiliary Services,	3703
shall be used by the Department of Education for the purpose of	3704
implementing section 3317.06 of the Revised Code. Of the	3705
appropriation, up to $1,462,500 in each fiscal year may be used	3706
for payment of the Post-Secondary Enrollment Options Program for	3707
nonpublic students pursuant to section 3365.10 of the Revised	3708
Code.	3709

STUDENT INTERVENTION SERVICES

3710

Of the foregoing appropriation item 200-513, Student	3711
Intervention Services, $3,700,000 in fiscal year 2004 and	3712
$5,900,000 in fiscal year 2005 shall be allocated by the	3713
Department of Education, on a per pupil basis, to school districts	3714
in academic emergency at any time in 2003, and $5,900,000 in	3715
fiscal year 2005 shall be allocated by the Department of	3716
Education, on a per pupil basis, to school districts with a	3717
three-year average graduation rate of not more than seventy-five	3718
per cent. As used in this section, "three-year average" and	3719
"graduation rate" have the meanings specified in section 3302.01	3720
of the Revised Code. Districts shall use these funds for salaries,	3721
materials, and training to provide after-school, in-school,	3722
Saturday school, summer school, or other related intervention	3723
programs to students as specified in division (D)(2) of section	3724
3301.0711 of the Revised Code. In fiscal year 2004 these programs	3725
shall be provided to students enrolled in the ninth grade. In	3726
fiscal year 2005, these programs shall be provided to students	3727
enrolled in the ninth and tenth grades. At the end of each fiscal	3728
year, the school districts receiving these funds shall report to	3729
the Department of Education the number of students who were	3730
offered intervention, the number of students who participated, and	3731
the number of students who completed the intervention program, and	3732
shall provide an evaluation of the impact of the intervention on	3733
students.	3734

Of the foregoing appropriation item 200-513, Student	3735
Intervention Services, $150,000 in each fiscal year shall be used	3736
for Read Baby Read.	3737

The remainder of appropriation item 200-513, Student	3738
Intervention Services, shall be used to assist districts providing	3739
the intervention services specified in section 3313.608 of the	3740
Revised Code. The Department of Education shall establish	3741
guidelines for the use and distribution of these moneys. School	3742
districts receiving funds from this appropriation shall report to	3743
the Department of Education on how funds were used.	3744

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

3745

Of the foregoing appropriation item 200-514, Postsecondary	3746
Adult Career-Technical Education, $40,000 in each fiscal year	3747
shall be used for the statewide coordination of the activities of	3748
the Ohio Young Farmers.	3749

The remainder of appropriation item 200-514, Postsecondary	3750
Adult Career-Technical Education, shall be used by the State Board	3751
of Education to provide postsecondary adult career-technical	3752
education under sections 3313.52 and 3313.53 of the Revised Code.	3753

DISADVANTAGED PUPIL IMPACT AID

3754

Notwithstanding the distribution formula outlined in section	3755
3317.029 of the Revised Code, each school district shall receive	3756
an additional two per cent in Disadvantaged Pupil Impact Aid	3757
(DPIA) funding in fiscal year 2004 over what was received in	3758
fiscal year 2003 unless the district receives DPIA funding from	3759
the DPIA guarantee provision pursuant to division (B) of section	3760
3317.029 of the Revised Code in fiscal year 2003. For such a	3761
district, its DPIA funding in fiscal year 2004 shall equal the	3762
amount of DPIA funding the district received in fiscal year 2003.	3763

Notwithstanding the distribution formula outlined in section	3764
3317.029 of the Revised Code, each school district shall receive	3765
an additional two per cent in DPIA funding in fiscal year 2005	3766
over what was received in fiscal year 2004 unless the district	3767
receives DPIA funding from the DPIA guarantee provision pursuant	3768
to division (B) of section 3317.029 of the Revised Code in fiscal	3769
year 2003. For such a district, its DPIA funding in fiscal year	3770
2005 shall equal the amount of DPIA funding the district received	3771
in fiscal year 2004.	3772

School districts must continue to comply with all expenditure	3773
guidelines and restrictions outlined in divisions (F), (G), (I),	3774
and (K) of section 3317.029 of the Revised Code by assuming a two	3775
per cent increase in funds for each program outlined in divisions	3776
(C), (D), and (E) of section 3317.029 of the Revised Code and by	3777
assuming a DPIA index equivalent to the index calculated in fiscal	3778
year 2003.	3779

The Department of Education shall pay all-day, everyday	3780
kindergarten funding to all school districts in each fiscal year	3781
that qualified for and provided the service in fiscal year 2003	3782
pursuant to section 3317.029 of the Revised Code. School districts	3783
and community schools that did not have a DPIA allocation in	3784
fiscal year 2003 shall not receive an allocation in fiscal year	3785
2004 or fiscal year 2005.	3786

Of the foregoing appropriation item 200-520, Disadvantaged	3787
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	3788
used for school breakfast programs. Of this amount, up to	3789
$1,000,000 shall be used in each fiscal year by the Department of	3790
Education for the purpose of increasing participation in child	3791
nutrition programs, particularly school breakfast and summer	3792
meals. The Department shall collaborate with the Children's Hunger	3793
Alliance in the outreach effort. The remainder of the	3794
appropriation shall be used to partially reimburse school	3795
buildings within school districts that are required to have a	3796
school breakfast program pursuant to section 3313.813 of the	3797
Revised Code, at a rate decided by the Department.	3798

Of the foregoing appropriation item 200-520, Disadvantaged	3799
Pupil Impact Aid, $4,500,000 in fiscal year 2004 and $6,000,000 in	3800
fiscal year 2005 shall be used to operate the school choice	3801
program in the Cleveland Municipal School District pursuant to	3802
sections 3313.974 to 3313.979 of the Revised Code.	3803

Of the portion of the funds distributed to the Cleveland	3804
Municipal School District under this section, up to $11,901,887 in	3805
each fiscal year shall be used to operate the school choice	3806
program in the Cleveland Municipal School District pursuant to	3807
sections 3313.974 to 3313.979 of the Revised Code.	3808

Sec. 146.  (A) In September of 2003(1) Within thirty days	3809
after the effective date of this amendment, each school district	3810
that has been declared to be under an academic watch or in a state	3811
of academic emergency pursuant to section 3302.03 of the Revised	3812
Code at any time in 2003 or that has a three-year average	3813
graduation rate of not more than seventy-five per cent shall	3814
administer a half-length practice version of eachthe reading and	3815
mathematics Ohio Graduation TestTests prescribed by division (B)	3816
of section 3301.0710 of the Revised Code to all ninth grade	3817
students enrolled in the district. EachThe district also shall	3818
assess all ninth grade students in each subject area of writing,	3819
science, and social studies to determine the students'	3820
preparedness for the Ohio Graduation Tests in those subject areas.	3821
The manner in which these assessments are conducted may be	3822
determined by the district, school, or individual teachers.	3823

(2) In September of 2004, each school district that has been	3824
declared to be under an academic watch or in a state of academic	3825
emergency pursuant to section 3302.03 of the Revised Code or that	3826
has a three-year average graduation rate of not more than	3827
seventy-five per cent shall administer a half-length practice	3828
version of each Ohio Graduation Test to all ninth grade students	3829
enrolled in the district, except that if the Department of	3830
Education has made a full-length practice version of any Ohio	3831
Graduation Test available to the district, the district shall	3832
administer the full-length practice version of the test instead.	3833

(3) Each district shall determine the dates, times, and	3834
method of administering the tests and assessments required by	3835
division (A) of this section to students and shall score the tests	3836
and assessments.	3837

(B) EachIn the 2003-2004 school year, each district declared	3838
to be in a state of academic emergency pursuant to section 3302.03	3839
of the Revised Code at any time in 2003 and, in the 2004-2005	3840
school year, each district that has a three-year average	3841
graduation rate of not more than seventy-five per cent shall	3842
determine for each high school in the district whether the school	3843
shall be required to provide intervention services in accordance	3844
with this division to any students who took the tests or	3845
assessments required by division (A) of this section. In	3846
determining which high schools shall provide intervention services	3847
based upon available funding, the district shall consider each	3848
school's graduation rate and scores on the practice tests or	3849
assessments.	3850

Each high school selected to provide intervention services	3851
under this division shall provide intervention services to	3852
students whose practice test or assessment results indicate that	3853
they are failing to make satisfactory progress toward being able	3854
to attain scores at the proficient level on the Ohio Graduation	3855
Tests. Intervention services shall be provided in any skill in	3856
which a student demonstrates unsatisfactory progress and shall be	3857
commensurate with the student's test or assessment performance.	3858
Schools shall provide the intervention services prior to the end	3859
of the school year, during the summer following the ninth grade,	3860
in the next succeeding school year, or at any combination of those	3861
times.	3862

(C) As used in this section, "three-year average" and	3863
"graduation rate" have the same meanings as in section 3302.01 of	3864
the Revised Code.	3865

Section 14. That existing Sections 41.03, 41.05, 41.10, and	3866
146 of Am. Sub. H.B. 95 of the 125th General Assembly are hereby	3867
repealed.	3868

Section 15. Sections 41.03, 41.05, 41.10, and 146 of Am. Sub.	3869
H.B. 95 of the 125th General Assembly, as amended in this act, and	3870
the items of law of which those sections as amended in this act	3871
are composed, are not subject to the referendum. Therefore, under	3872
Ohio Constitution, Article II, Section 1d and section 1.471 of the	3873
Revised Code, Sections 41.03, 41.05, 41.10, and 146 of Am. Sub.	3874
H.B. 95 of the 125th General Assembly, as amended in this act, and	3875
the items of law of which those sections as amended in this act	3876
are composed, go into immediate effect when this act becomes law.	3877

Section 16.  Section 3301.0710 of the Revised Code is	3878
presented in this act as a composite of the section as amended by	3879
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	3880
Assembly. The General Assembly, applying the principle stated in	3881
division (B) of section 1.52 of the Revised Code that amendments	3882
are to be harmonized if reasonably capable of simultaneous	3883
operation, finds that the composite is the resulting version of	3884
the section in effect prior to the effective date of the section	3885
as presented in this act.	3886

Section 17.  Section 3301.0711 of the Revised Code is	3887
presented in this act as a composite of the section as amended by	3888
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	3889
Assembly. The General Assembly, applying the principle stated in	3890
division (B) of section 1.52 of the Revised Code that amendments	3891
are to be harmonized if reasonably capable of simultaneous	3892
operation, finds that the composite is the resulting version of	3893
the section in effect prior to the effective date of the section	3894
as presented in this act.

Section 18.  Section 3301.0714 of the Revised Code is	3896
presented in this act as a composite of the section as amended by	3897
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	3898
Assembly. The General Assembly, applying the principle stated in	3899
division (B) of section 1.52 of the Revised Code that amendments	3900
are to be harmonized if reasonably capable of simultaneous	3901
operation, finds that the composite is the resulting version of	3902
the section in effect prior to the effective date of the section	3903
as presented in this act.	3904

Section 19. Section 3318.031 of the Revised Code is presented	3905
in this act as a composite of the section as amended by both Sub.	3906
H.B. 248 and H.B. 675 of the 124th General Assembly. The General	3907
Assembly, applying the principle stated in division (B) of section	3908
1.52 of the Revised Code that amendments are to be harmonized if	3909
reasonably capable of simultaneous operation, finds that the	3910
composite is the resulting version of the section in effect prior	3911
to the effective date of the section as presented in this act.	3912

Section 20.  Section 3319.39 of the Revised Code is presented	3913
in this act as a composite of the section as amended by Am. Sub.	3914
H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230 of the 121st	3915
General Assembly. The General Assembly, applying the principle	3916
stated in division (B) of section 1.52 of the Revised Code that	3917
amendments are to be harmonized if reasonably capable of	3918
simultaneous operation, finds that the composite is the resulting	3919
version of the section in effect prior to the effective date of	3920
the section as presented in this act.	3921