REPRESENTATIVES Setzer, C. Evans, Callender, Chandler, Carano

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.0715, 3302.04, 3307.01, 3313.28,

2

3313.53, 3313.713, 3318.031, 3319.09, 3319.11,

3

3319.111, 3319.22, 3319.225, 3319.227, 3319.23,

4

3319.26, 3319.283, 3319.29, 3319.291, 3319.31,

5

3319.311, 3319.36, 3319.39, 3319.51, and 3333.38;

6

to enact sections 3314.034, 3319.074, 3319.075,

7

3319.112, 3319.25, 3319.261, 3319.27, 3319.303,

8

3319.56, 3319.57, 3319.60, 3319.61, 3319.62,

9

3319.65, 3333.161, and 3333.36; to repeal sections

10

3301.801 and 3319.28 of the Revised Code; to amend

11

Section 12 of Sub. H.B. 364 of the 124th General

12

Assembly and to amend Section 12 of Sub. H.B. 364

13

of the 124th General Assembly for the purpose of

14

changing its number to section 3314.021 of the

15

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

16

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

17

and to amend Sections 41.03, 41.05, 41.10, 41.19,

18

41.33, 146, and 152 of Am. Sub. H.B. 95 of the

19

125th General Assembly to implement

20

recommendations of the Governor's Commission on

21

Teaching Success, to revise the laws with respect

22

to the teaching profession, academic standards,

23

and other education policies and programs, and to

24

extend to November 26, 2004, the deadline for the

25

Ohio Autism Task Force report.

26

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	27
3301.0712, 3301.0715, 3302.04, 3307.01, 3313.28, 3313.53,	28
3313.713, 3318.031, 3319.09, 3319.11, 3319.111, 3319.22, 3319.225,	29
3319.227, 3319.23, 3319.26, 3319.283, 3319.29, 3319.291, 3319.31,	30
3319.311, 3319.36, 3319.39, 3319.51, and 3333.38 be amended; that	31
Section 12 of Sub. H.B. 364 of the 124th General Assembly be	32
amended and renumbered as section 3314.021; and that sections	33
3314.034, 3319.074, 3319.075, 3319.112, 3319.25, 3319.261,	34
3319.27, 3319.303, 3319.56, 3319.57, 3319.60, 3319.61, 3319.62,	35
3319.65, 3333.161, and 3333.36 of the Revised Code be enacted to	36
read as follows:	37

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	38
state board of education shall adopt statewide academic standards	39
for each of grades kindergarten through twelve in reading,	40
writing, and mathematics. Not later than December 31, 2002, the	41
state board shall adopt statewide academic standards for each of	42
grades kindergarten through twelve in science and social studies.	43
The standards shall specify the academic content and skills that	44
students are expected to know and be able to do at each grade	45
level.	46

(2) When academic standards have been completed for any	47
subject area required by this division, the state board shall	48
inform all school districts of the content of those standards.	49

(B) Not later than eighteen months after the completion of	50
academic standards for any subject area required by division (A)	51
of this section, the state board shall adopt a model curriculum	52
for instruction in that subject area for each of grades	53
kindergarten through twelve that is sufficient to meet the needs	54
of students in every community. The model curriculum shall be	55
aligned with the standards to ensure that the academic content and	56
skills specified for each grade level are taught to students. When	57
any model curriculum has been completed, the state board shall	58
inform all school districts of the content of that model	59
curriculum.	60

All school districts may utilize the state standards and the	61
model curriculum established by the state board, together with	62
other relevant resources, examples, or models to ensure that	63
students have the opportunity to attain the academic standards.	64
Upon request, the department of education shall provide technical	65
assistance to any district in implementing the model curriculum.	66

Nothing in this section requires any school district to	67
utilize all or any part of a model curriculum developed under this	68
division.	69

(C) The state board shall develop achievement tests aligned	70
with the academic standards and model curriculum for each of the	71
subject areas and grade levels required by section 3301.0710 of	72
the Revised Code.	73

When any achievement test has been completed, the state board	74
shall inform all school districts of its completion, and the	75
department of education shall make the achievement test available	76
to the districts. School districts shall administer the	77
achievement test beginning in the school year indicated in section	78
3301.0712 of the Revised Code.	79

(D)(1) Not later than July 1, 20072008, and except as	80
provided in division (D)(3) of this section, the state board shall	81
adopt a diagnostic assessment aligned with the academic standards	82
and model curriculum for each of grades kindergarten through two	83
in reading, writing, and mathematics and for each of grades three	84
through eight in reading, writing, mathematics, science, and	85
social studies. The diagnostic assessment shall be designed to	86
measure student comprehension of academic content and mastery of	87
related skills for the relevant subject area and grade level. Any	88
diagnostic assessment shall not include components to identify	89
gifted students. Blank copies of diagnostic tests shall be public	90
records.	91

(2) When each diagnostic assessment has been completed, the	92
state board shall inform all school districts of its completion	93
and the department of education shall make the diagnostic	94
assessment available to the districts at no cost to the district.	95
School districts shall administer the diagnostic assessment	96
pursuant to section 3301.0715 of the Revised Code beginning the	97
first school year following the development of the assessment.	98

(3) The state board shall not adopt a diagnostic assessment	99
for any subject area and grade level for which the state board	100
develops an achievement test under division (C) of this section.	101

(E) Whenever the state board or the department of education	102
consults with persons for the purpose of drafting or reviewing any	103
standards, diagnostic assessments, achievement tests, or model	104
curriculum required under this section, the state board or the	105
department shall first consult with parents of students in	106
kindergarten through twelfth grade and with active Ohio classroom	107
teachers, other school personnel, and administrators with	108
expertise in the appropriate subject area. Whenever practicable,	109
the state board and department shall consult with teachers	110
recognized as outstanding in their fields.	111

If the department contracts with more than one outside entity	112
for the development of the achievement tests required by this	113
section, the department shall ensure the interchangeability of	114
those tests.	115

(F) The fairness sensitivity review committee, established by	116
rule of the state board of education, shall not allow any question	117
on any achievement test or diagnostic assessment developed under	118
this section or any proficiency test prescribed by former section	119
3301.0710 of the Revised Code, as it existed prior to September	120
11, 2001, to include, be written to promote, or inquire as to	121
individual moral or social values or beliefs. The decision of the	122
committee shall be final. This section does not create a private	123
cause of action.	124

Sec. 3301.0710.  The state board of education shall adopt	125
rules establishing a statewide program to test student	126
achievement. The state board shall ensure that all tests	127
administered under the testing program are aligned with the	128
academic standards and model curricula adopted by the state board	129
and are created with input from Ohio parents, Ohio classroom	130
teachers, Ohio school administrators, and other Ohio school	131
personnel pursuant to section 3301.079 of the Revised Code.	132

The testing program shall be designed to ensure that students	133
who receive a high school diploma demonstrate at least high school	134
levels of achievement in reading, writing, mathematics, science,	135
and social studies.	136

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

137

(a) Two statewide achievement tests, one each designed to	138
measure the level of reading and mathematics skill expected at the	139
end of third grade;	140

(b) Three statewide achievement tests, one each designed to	141
measure the level of reading, writing, and mathematics skill	142
expected at the end of fourth grade;	143

(c) Four statewide achievement tests, one each designed to	144
measure the level of reading, mathematics, science, and social	145
studies skill expected at the end of fifth grade;	146

(d) Two statewide achievement tests, one each designed to	147
measure the level of reading and mathematics skill expected at the	148
end of sixth grade;	149

(e) Three statewide achievement tests, one each designed to	150
measure the level of reading, writing, and mathematics skill	151
expected at the end of seventh grade;	152

(f) Four statewide achievement tests, one each designed to	153
measure the level of reading, mathematics, science, and social	154
studies skill expected at the end of eighth grade.	155

(2) The state board shall determine and designate at least	156
five ranges of scores on each of the achievement tests described	157
in divisions (A)(1) and (B) of this section. Each range of scores	158
shall be deemed to demonstrate a level of achievement so that any	159
student attaining a score within such range has achieved one of	160
the following:	161

(a) An advanced level of skill;

162

(b) An accelerated level of skill;

163

(c) A proficient level of skill;

164

(d) A basic level of skill;

165

(e) A limited level of skill.

166

(B) The tests prescribed under this division shall	167
collectively be known as the Ohio graduation tests. The state	168
board shall prescribe five statewide high school achievement	169
tests, one each designed to measure the level of reading, writing,	170
mathematics, science, and social studies skill expected at the end	171
of tenth grade. The state board shall designate a score in at	172
least the range designated under division (A)(2)(c) of this	173
section on each such test that shall be deemed to be a passing	174
score on the test as a condition toward granting high school	175
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	176
of the Revised Code.	177

The state board may enter into a reciprocal agreement with	178
the appropriate body or agency of any other state that has similar	179
statewide achievement testing requirements for receiving high	180
school diplomas, under which any student who has met an	181
achievement testing requirement of one state is recognized as	182
having met the similar achievement testing requirement of the	183
other state for purposes of receiving a high school diploma. For	184
purposes of this section and sections 3301.0711 and 3313.61 of the	185
Revised Code, any student enrolled in any public high school in	186
this state who has met an achievement testing requirement	187
specified in a reciprocal agreement entered into under this	188
division shall be deemed to have attained at least the applicable	189
score designated under this division on each test required by this	190
division that is specified in the agreement.	191

(C) The state board shall annually designate as follows the	192
dates on which the tests prescribed under this section shall be	193
administered:	194

(1) For the reading test prescribed under division (A)(1)(a)	195
of this section, as follows:	196

(a) One date prior to the thirty-first day of December each	197
school year;	198

(b) At least one date of each school year that is not earlier	199
than Monday of the week containing the eighthfirst day of March	200
May;	201

(c) One date during the summer that is not earlier than the	202
tenth day of June nor later than the fifteenth day of July for	203
students receiving summer remediation services under section	204
3313.608 of the Revised Code.	205

(2) For the mathematics test prescribed under division	206
(A)(1)(a) of this section and the tests prescribed under divisions	207
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	208
date of each school year that is not earlier than Monday of the	209
week containing the eighthfirst day of MarchMay;	210

(3) For the tests prescribed under division (B) of this	211
section, at least one date in each school year that is not earlier	212
than Monday of the week containing the fifteenthfirst day of	213
MarchMay for all tenth grade students and at least one date prior	214
to the thirty-first day of December and at least one date	215
subsequent to that date but prior to the thirty-first day of March	216
of each school year for eleventh and twelfth grade students.	217

(D) In prescribing test dates pursuant to division (C)(3) of	218
this section, the state board shall, to the greatest extent	219
practicable, provide options to school districts in the case of	220
tests administered under that division to eleventh and twelfth	221
grade students and in the case of tests administered to students	222
pursuant to division (C)(2) of section 3301.0711 of the Revised	223
Code. Such options shall include at least an opportunity for	224
school districts to give such tests outside of regular school	225
hours.	226

(E) In prescribing test dates pursuant to this section, the	227
state board of education shall designate the dates in such a way	228
as to allow a reasonable length of time between the administration	229
of tests prescribed under this section and any administration of	230
the National Assessment of Education Progress Test given to	231
students in the same grade level pursuant to section 3301.27 of	232
the Revised Code or federal law.	233

(F) The state board shall prescribe a practice version of	234
each Ohio graduation test described in division (B) of this	235
section that is of comparable length to the actual test.	236

(F)(G) Any committee established by the department of	237
education for the purpose of making recommendations to the state	238
board regarding the state board's designation of scores on the	239
tests described by this section shall inform the state board of	240
the probable percentage of students who would score in each of the	241
ranges established under division (A)(2) of this section on the	242
tests if the committee's recommendations are adopted by the state	243
board. To the extent possible, these percentages shall be	244
disaggregated by gender, major racial and ethnic groups, limited	245
English proficient students, economically disadvantaged students,	246
students with disabilities, and migrant students.	247

If the state board intends to make any change to the	248
committee's recommendations, the state board shall explain the	249
intended change to the Ohio accountability task force established	250
by section 3302.021 of the Revised Code. The task force shall	251
recommend whether the state board should proceed to adopt the	252
intended change. Nothing in this division shall require the state	253
board to designate test scores based upon the recommendations of	254
the task force.	255

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

256

(1) Annually furnish to, grade, and score all tests required	257
by section 3301.0710 of the Revised Code to be administered by	258
city, local, exempted village, and joint vocational school	259
districts, except that each district shall score any test	260
administered pursuant to division (B)(8)(10) of this section. In	261
furnishing the practice versions of Ohio graduation tests	262
prescribed by division (F) of section 3301.0710 of the Revised	263
Code, the department shall make the tests available on its website	264
web site for reproduction by districts. In awarding contracts for	265
grading tests, the department shall give preference to Ohio-based	266
entities employing Ohio residents.	267

(2) Adopt rules for the ethical use of tests and prescribing	268
the manner in which the tests prescribed by section 3301.0710 of	269
the Revised Code shall be administered to students.	270

(B) Except as provided in divisions (C) and (J) of this	271
section, the board of education of each city, local, and exempted	272
village school district shall, in accordance with rules adopted	273
under division (A) of this section:	274

(1) Administer the reading test prescribed under division	275
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	276
to all students in the third grade who have not attained the score	277
designated for that test under division (A)(2)(c) of section	278
3301.0710 of the Revised Code and once each summer to students	279
receiving summer remediation services under section 3313.608 of	280
the Revised Code.	281

(2) Administer the mathematics test prescribed under division	282
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	283
annually to all students in the third grade.	284

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

(4) Administer the tests prescribed under division (A)(1)(c)	288
of section 3301.0710 of the Revised Code at least once annually to	289
all students in the fifth grade.	290

(5) Administer the tests prescribed under division (A)(1)(d)	291
of section 3301.0710 of the Revised Code at least once annually to	292
all students in the sixth grade.	293

(6) Administer the tests prescribed under division (A)(1)(e)	294
of section 3301.0710 of the Revised Code at least once annually to	295
all students in the seventh grade.	296

(7) Administer the tests prescribed under division (A)(1)(f)	297
of section 3301.0710 of the Revised Code at least once annually to	298
all students in the eighth grade.	299

(8) Except as provided in division (B)(9) of this section,	300
administer any test prescribed under division (B) of section	301
3301.0710 of the Revised Code as follows:	302

(a) At least once annually to all tenth grade students and at	303
least twice annually to all students in eleventh or twelfth grade	304
who have not yet attained the score on that test designated under	305
that division;	306

(b) To any person who has successfully completed the	307
curriculum in any high school or the individualized education	308
program developed for the person by any high school pursuant to	309
section 3323.08 of the Revised Code but has not received a high	310
school diploma and who requests to take such test, at any time	311
such test is administered in the district.	312

(9) In lieu of the board of education of any city, local, or	313
exempted village school district in which the student is also	314
enrolled, the board of a joint vocational school district shall	315
administer any test prescribed under division (B) of section	316
3301.0710 of the Revised Code at least twice annually to any	317
student enrolled in the joint vocational school district who has	318
not yet attained the score on that test designated under that	319
division. A board of a joint vocational school district may also	320
administer such a test to any student described in division	321
(B)(8)(b) of this section.	322

(8)(10) If the district has been declared to be under an	323
academic watch or in a state of academic emergency pursuant to	324
section 3302.03 of the Revised Code or has a three-year average	325
graduation rate of not more than seventy-five per cent, administer	326
each test prescribed by division (F) of section 3301.0710 of the	327
Revised Code in September to all ninth grade students, beginning	328
in the school year that starts July 1, 20042005.	329

(C)(1)(a) Any student receiving special education services	330
under Chapter 3323. of the Revised Code may be excused from taking	331
any particular test required to be administered under this section	332
if the individualized education program developed for the student	333
pursuant to section 3323.08 of the Revised Code excuses the	334
student from taking that test and instead specifies an alternate	335
assessment method approved by the department of education as	336
conforming to requirements of federal law for receipt of federal	337
funds for disadvantaged pupils. To the extent possible, the	338
individualized education program shall not excuse the student from	339
taking a test unless no reasonable accommodation can be made to	340
enable the student to take the test.	341

(b) Any alternate assessment approved by the department for a	342
student under this division shall produce measurable results	343
comparable to those produced by the tests which the alternate	344
assessments are replacing in order to allow for the student's	345
assessment results to be included in the data compiled for a	346
school district or building under section 3302.03 of the Revised	347
Code.	348

(c) Any student enrolled in a chartered nonpublic school who	349
has been identified, based on an evaluation conducted in	350
accordance with section 3323.03 of the Revised Code or section 504	351
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	352
794, as amended, as a child with a disability shall be excused	353
from taking any particular test required to be administered under	354
this section if a plan developed for the student pursuant to rules	355
adopted by the state board excuses the student from taking that	356
test. In the case of any student so excused from taking a test,	357
the chartered nonpublic school shall not prohibit the student from	358
taking the test.	359

(2) A district board may, for medical reasons or other good	360
cause, excuse a student from taking a test administered under this	361
section on the date scheduled, but any such test shall be	362
administered to such excused student not later than nine days	363
following the scheduled date. The board shall annually report the	364
number of students who have not taken one or more of the tests	365
required by this section to the state board of education not later	366
than the thirtieth day of June.	367

(3) As used in this division, "limited English proficient	368
student" has the same meaning as in 20 U.S.C. 7801.	369

No school district board shall excuse any limited English	370
proficient student from taking any particular test required to be	371
administered under this section, but a board may permit any	372
limited English proficient student to take the test with	373
appropriate accommodations, as determined by the department. For	374
each limited English proficient student, each school district	375
shall annually assess that student's progress in learning English,	376
in accordance with procedures approved by the department.	377

The governing authority of a chartered nonpublic school may	378
excuse a limited English proficient student from taking any test	379
administered under this section. However, no governing authority	380
shall prohibit a limited English proficient student from taking	381
the test.	382

(D)(1) In the school year next succeeding the school year in	383
which the tests prescribed by division (A)(1) or (B) of section	384
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	385
or (B) of section 3301.0710 of the Revised Code as it existed	386
prior to September 11, 2001, are administered to any student, the	387
board of education of any school district in which the student is	388
enrolled in that year shall provide to the student intervention	389
services commensurate with the student's test performance,	390
including any intensive intervention required under section	391
3313.608 of the Revised Code, in any skill in which the student	392
failed to demonstrate at least a score at the proficient level on	393
the test.	394

(2) Following any administration of the tests prescribed by	395
division (F) of section 3301.0710 of the Revised Code to ninth	396
grade students, each school district that has been declared to be	397
in a state of academic emergency pursuant to section 3302.03 of	398
the Revised Codea three-year average graduation rate of not more	399
than seventy-five per cent shall determine for each high school in	400
the district whether the school shall be required to provide	401
intervention services to any students who took the tests. In	402
determining which high schools shall provide intervention services	403
based on the resources available, the district shall consider each	404
school's graduation rate and scores on the practice tests. If any	405
achievement tests in reading and math are adopted by the state	406
board of education for administration in the eighth grade, theThe	407
district also shall consider the scores received by ninth grade	408
students on thosethe reading and mathematics tests prescribed	409
under division (A)(1)(f) of section 3301.0710 of the Revised Code	410
in the eighth grade in determining which high schools shall	411
provide intervention services.	412

Each high school selected to provide intervention services	413
under this division shall provide intervention services to any	414
student whose test results indicate that the student is failing to	415
make satisfactory progress toward being able to attain scores at	416
the proficient level on the Ohio Graduation Testsgraduation	417
tests. Intervention services shall be provided in any skill in	418
which a student demonstrates unsatisfactory progress and shall be	419
commensurate with the student's test performance. Schools shall	420
provide the intervention services prior to the end of the school	421
year, during the summer following the ninth grade, in the next	422
succeeding school year, or at any combination of those times.	423

(E) Except as provided in section 3313.608 of the Revised	424
Code and division (M) of this section, no school district board of	425
education shall utilize any student's failure to attain a	426
specified score on any test administered under this section as a	427
factor in any decision to deny the student promotion to a higher	428
grade level. However, a district board may choose not to promote	429
to the next grade level any student who does not take any test	430
administered under this section or make up such test as provided	431
by division (C)(2) of this section.	432

(F) No person shall be charged a fee for taking any test	433
administered under this section.	434

(G) Not later than sixty days after any administration of any	435
test prescribed by section 3301.0710 of the Revised Code, theThe	436
department shall send to each school district board a list of the	437
individual test scores of all persons taking theany test	438
prescribed by division (A)(1) or (B) of section 3301.0710 of the	439
Revised Code within sixty days after its administration, but in no	440
case shall the scores be returned later than the fifteenth day of	441
June following the administration. For any tests administered	442
under this section by a joint vocational school district, the	443
department shall also send to each city, local, or exempted	444
village school district a list of the individual test scores of	445
any students of such city, local, or exempted village school	446
district who are attending school in the joint vocational school	447
district.	448

(H) Individual test scores on any tests administered under	449
this section shall be released by a district board only in	450
accordance with section 3319.321 of the Revised Code and the rules	451
adopted under division (A) of this section. No district board or	452
its employees shall utilize individual or aggregate test results	453
in any manner that conflicts with rules for the ethical use of	454
tests adopted pursuant to division (A) of this section.	455

(I) Except as provided in division (G) of this section, the	456
department shall not release any individual test scores on any	457
test administered under this section and shall adopt rules to	458
ensure the protection of student confidentiality at all times.	459

(J) Notwithstanding division (D) of section 3311.52 of the	460
Revised Code, this section does not apply to the board of	461
education of any cooperative education school district except as	462
provided under rules adopted pursuant to this division.	463

(1) In accordance with rules that the state board of	464
education shall adopt, the board of education of any city,	465
exempted village, or local school district with territory in a	466
cooperative education school district established pursuant to	467
divisions (A) to (C) of section 3311.52 of the Revised Code may	468
enter into an agreement with the board of education of the	469
cooperative education school district for administering any test	470
prescribed under this section to students of the city, exempted	471
village, or local school district who are attending school in the	472
cooperative education school district.	473

(2) In accordance with rules that the state board of	474
education shall adopt, the board of education of any city,	475
exempted village, or local school district with territory in a	476
cooperative education school district established pursuant to	477
section 3311.521 of the Revised Code shall enter into an agreement	478
with the cooperative district that provides for the administration	479
of any test prescribed under this section to both of the	480
following:	481

(a) Students who are attending school in the cooperative	482
district and who, if the cooperative district were not	483
established, would be entitled to attend school in the city,	484
local, or exempted village school district pursuant to section	485
3313.64 or 3313.65 of the Revised Code;	486

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

487

Any testing of students pursuant to such an agreement shall	488
be in lieu of any testing of such students or persons pursuant to	489
this section.	490

(K)(1) Any chartered nonpublic school may participate in the	491
testing program by administering any of the tests prescribed by	492
section 3301.0710 or 3301.0712 of the Revised Code if the chief	493
administrator of the school specifies which tests the school	494
wishes to administer. Such specification shall be made in writing	495
to the superintendent of public instruction prior to the first day	496
of August of any school year in which tests are administered and	497
shall include a pledge that the nonpublic school will administer	498
the specified tests in the same manner as public schools are	499
required to do under this section and rules adopted by the	500
department.	501

(2) The department of education shall furnish the tests	502
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	503
to any chartered nonpublic school electing to participate under	504
this division.	505

(L)(1) The superintendent of the state school for the blind	506
and the superintendent of the state school for the deaf shall	507
administer the tests described by section 3301.0710 of the Revised	508
Code. Each superintendent shall administer the tests in the same	509
manner as district boards are required to do under this section	510
and rules adopted by the department of education and in conformity	511
with division (C)(1)(a) of this section.	512

(2) The department of education shall furnish the tests	513
described by section 3301.0710 of the Revised Code to each	514
superintendent.	515

(M) Notwithstanding division (E) of this section, a school	516
district may use a student's failure to attain a score in at least	517
the basic range on the mathematics test described by division	518
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	519
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	520
of section 3301.0710 of the Revised Code as a factor in retaining	521
that student in the current grade level.	522

(N)(1) AllThe tests required by section 3301.0710 of the	523
Revised Code shall become public records pursuant to section	524
149.43 of the Revised Code on the first day of July following the	525
school year that the test was administered, except that the	526
reading test prescribed under division (A)(1)(a) of section	527
3301.0710 of the Revised Code shall become a public record on the	528
sixteenth day of July following the school year that the test was	529
administered.	530

(2) The department may field test proposed test questions	531
with samples of students to determine the validity, reliability,	532
or appropriateness of test questions for possible inclusion in a	533
future year's test. The department also may use anchor questions	534
on tests to ensure that different versions of the same test are of	535
comparable difficulty.	536

Field test questions and anchor questions shall not be	537
considered in computing test scores for individual students. Field	538
test questions and anchor questions may be included as part of the	539
administration of any test required by section 3301.0710 of the	540
Revised Code.	541

(3) Any field test question or anchor question administered	542
under division (N)(2) of this section shall not be a public	543
record. Such field test questions and anchor questions shall be	544
redacted from any tests which are released as a public record	545
pursuant to division (N)(1) of this section.	546

(O) As used in this section, "three-year average" and	547
"graduation rate" have the same meanings as in section 3302.01 of	548
the Revised Code.	549

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	550
3301.0711 of the Revised Code, the state board of education shall	551
continue to prescribe and the department of education and each	552
school district shall continue to administer any proficiency test	553
in accordance with those former sections, as they existed prior to	554
September 11, 2001, until the applicable test is no longer	555
required to be administered as indicated on the chart below. When	556
any achievement test has been developed and made available in	557
accordance with section 3301.079 of the Revised Code, such	558
achievement test shall be administered to students under sections	559
3301.0710 and 3301.0711 of the Revised Code beginning in the	560
school year indicated on the chart below. School districts shall	561
continue to provide intervention services as required under former	562
division (D) of section 3301.0711 of the Revised Code, as it	563
existed prior to September 11, 2001, to students who fail to	564
attain a score in the proficient range on a fourth grade	565
proficiency test.	566

(B) Notwithstanding division (A) of this section, the state	595
board shall continue to prescribe and school districts and	596
chartered nonpublic schools shall continue to administer ninth	597
grade proficiency tests in reading, writing, mathematics, science,	598
and citizenship to students who enter ninth grade prior to July 1,	599
2003, for as long as those students remain eligible under section	600
3313.614 of the Revised Code to receive their high school diplomas	601
based on passage of those ninth grade proficiency tests.	602

Sec. 3301.0715.  (A) Except as provided in division (E) of	603
this section, the board of education of each city, local, and	604
exempted village school district shall administer each applicable	605
diagnostic assessment developed and provided to the district in	606
accordance with section 3301.079 of the Revised Code to the	607
following:	608

(1) Each student enrolled in a building subject to division	609
(E) of section 3302.04 of the Revised Code;	610

(2) Any student who transfers into the district or to a	611
different school within the district if each applicable diagnostic	612
assessment was not administered by the district or school the	613
student previously attended in the current school year, within	614
thirty days after the date of transfer;. If the district or school	615
into which the student transfers cannot determine whether the	616
student has taken any applicable diagnostic assessment in the	617
current school year, the district or school may administer the	618
diagnostic assessment to the student.	619

(3) Each kindergarten student, withinnot later than six	620
weeks after the first day of school. For the purpose of division	621
(A)(3) of this section, the district shall administer the	622
kindergarten readiness assessment provided by the department of	623
education. The district may administer the readiness assessment to	624
a student prior to the student's enrollment in kindergarten, but	625
in no case shall the results of the readiness assessment be used	626
to prohibit the student from enrolling in kindergarten.	627

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

628

(B) Each district board shall administer each diagnostic	629
assessment as the board deems appropriate. However, the board	630
shall administer any diagnostic assessment at least once annually	631
to all students in the appropriate grade level. A district board	632
may administer any diagnostic assessment in the fall and spring of	633
a school year to measure the amount of academic growth	634
attributable to the instruction received by students during that	635
school year.	636

(C) Each district board shall utilize and score any	637
diagnostic assessment administered under division (A) of this	638
section in accordance with rules established by the department.	639
Except as required by division (B)(1)(o) of section 3301.0714 of	640
the Revised Code, neither the state board of education nor the	641
department shall require school districts to report the results of	642
diagnostic assessments for any students to the department or to	643
make any such results available in any form to the public. After	644
the administration of any diagnostic assessment, each district	645
shall provide a student's completed diagnostic assessment, the	646
results of such assessment, and any other accompanying documents	647
used during the administration of the assessment to the parent of	648
that student upon the parent's request.	649

(D) Each district board shall provide intervention services	650
to students whose diagnostic assessments show that they are	651
failing to make satisfactory progress toward attaining the	652
academic standards for their grade level.	653

(E) Any district that made adequate yearly progress, as	654
defined in section 3302.01 of the Revised Code, in the immediately	655
preceding school year may assess student progress in grades one	656
through eight using a diagnostic assessment other than the	657
diagnostic assessment required by division (A) of this section.	658

(F) A district board may administer any diagnostic assessment	659
provided to the district in accordance with section 3301.079 of	660
the Revised Code to any student enrolled in a building that is not	661
subject to division (A)(1) of this section. Any district electing	662
to administer diagnostic assessments to students under this	663
division shall provide intervention services to any such student	664
whose diagnostic assessment shows unsatisfactory progress toward	665
attaining the academic standards for the student's grade level.	666

Sec. 3302.04.  (A) The department of education shall	667
establish a system of intensive, ongoing support for the	668
improvement of school districts and school buildings. The system	669
shall give priority to districts and buildings that have been	670
declared to be under an academic watch or in a state of academic	671
emergency under section 3302.03 of the Revised Code and shall	672
include services provided to districts and buildings through	673
regional service providers, such as educational service centers,	674
regional professional development centers, and special education	675
regional resource centers.	676

(B) When a school district has been notified by the	677
department pursuant to division (A) of section 3302.03 of the	678
Revised Code that the district or a building within the district	679
has failed to make adequate yearly progress for two consecutive	680
school years, the district shall develop a three-year continuous	681
improvement plan for the district or building containing each of	682
the following:	683

(1) An analysis of the reasons for the failure of the	684
district or building to meet any of the applicable performance	685
indicators established under section 3302.02 of the Revised Code	686
that it did not meet and an analysis of the reasons for its	687
failure to make adequate yearly progress;	688

(2) Specific strategies that the district or building will	689
use to address the problems in academic achievement identified in	690
division (B)(1) of this section;	691

(3) Identification of the resources that the district will	692
allocate toward improving the academic achievement of the district	693
or building;	694

(4) A description of any progress that the district or	695
building made in the preceding year toward improving its academic	696
achievement;	697

(5) An analysis of how the district is utilizing the	698
professional development standards adopted by the state board	699
pursuant to section 3319.61 of the Revised Code;	700

(6) Strategies that the district or building will use to	701
improve the cultural competency, as defined pursuant to section	702
3319.61 of the Revised Code, of teachers and other educators.	703

No three-year continuous improvement plan shall be developed	704
or adopted pursuant to this division unless at least one public	705
hearing is held within the affected school district or building	706
concerning the final draft of the plan. Notice of the hearing	707
shall be given two weeks prior to the hearing by publication in	708
one newspaper of general circulation within the territory of the	709
affected school district or building. Copies of the plan shall be	710
made available to the public.	711

(C) When a school district or building has been notified by	712
the department pursuant to division (A) of section 3302.03 of the	713
Revised Code that the district or building is under an academic	714
watch or in a state of academic emergency, the district or	715
building shall be subject to any rules establishing intervention	716
in academic watch or emergency school districts or buildings.	717

(D)(1) Within one hundred twenty days after any school	718
district or building is declared to be in a state of academic	719
emergency under section 3302.03 of the Revised Code, the	720
department may initiate a site evaluation of the building or	721
school district.	722

(2) If any school district that is declared to be in a state	723
of academic emergency or in a state of academic watch under	724
section 3302.03 of the Revised Code or encompasses a building that	725
is declared to be in a state of academic emergency or in a state	726
of academic watch fails to demonstrate to the department	727
satisfactory improvement of the district or applicable buildings	728
or fails to submit to the department any information required	729
under rules established by the state board of education, prior to	730
approving a three-year continuous improvement plan under rules	731
established by the state board of education, the department shall	732
conduct a site evaluation of the school district or applicable	733
buildings to determine whether the school district is in	734
compliance with minimum standards established by law or rule.	735

(3) Site evaluations conducted under divisions (D)(1) and (2)	736
of this section shall include, but not be limited to, the	737
following:	738

(a) Determining whether teachers are assigned to subject	739
areas for which they are licensed or certified;	740

(b) Determining pupil-teacher ratios;

741

(c) Examination of compliance with minimum instruction time	742
requirements for each school day and for each school year;	743

(d) Determining whether materials and equipment necessary to	744
implement the curriculum approved by the school district board are	745
available;	746

(e) Examination of whether the teacher and principal	747
evaluation system reflects the evaluation system guidelines	748
adopted by the state board of education under section 3319.112 of	749
the Revised Code;	750

(f) Examination of the adequacy of efforts to improve the	751
cultural competency, as defined pursuant to section 3319.61 of the	752
Revised Code, of teachers and other educators.	753

(E) This division applies only to school districts that	754
operate a school building that fails to make adequate yearly	755
progress for two or more consecutive school years.	756

(1) For any school building that fails to make adequate	757
yearly progress for two consecutive school years, the district	758
shall do all of the following:	759

(a) Provide written notification of the academic issues that	760
resulted in the building's failure to make adequate yearly	761
progress to the parent or guardian of each student enrolled in the	762
building. The notification shall also describe the actions being	763
taken by the district or building to improve the academic	764
performance of the building and any progress achieved toward that	765
goal in the immediately preceding school year.	766

(b) If the building receives funds under Title 1, Part A of	767
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	768
6311 to 6339, from the district, in accordance with section	769
3313.97 of the Revised Code, offer all students enrolled in the	770
building the opportunity to enroll in an alternative building	771
within the district that is not in school improvement status as	772
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	773
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	774
the district shall spend an amount equal to twenty per cent of the	775
funds it receives under Title I, Part A of the "Elementary and	776
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	777
provide transportation for students who enroll in alternative	778
buildings under this division, unless the district can satisfy all	779
demand for transportation with a lesser amount. If an amount equal	780
to twenty per cent of the funds the district receives under Title	781
I, Part A of the "Elementary and Secondary Education Act of 1965,"	782
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	783
transportation, the district shall grant priority over all other	784
students to the lowest achieving students among the subgroup	785
described in division (F)(3) of section 3302.01 of the Revised	786
Code in providing transportation. Any district that does not	787
receive funds under Title I, Part A of the "Elementary and	788
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, shall	789
not be required to provide transportation to any student who	790
enrolls in an alternative building under this division.	791

(2) For any school building that fails to make adequate	792
yearly progress for three consecutive school years, the district	793
shall do both of the following:	794

(a) If the building receives funds under Title 1, Part A of	795
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	796
6311 to 6339, from the district, in accordance with section	797
3313.97 of the Revised Code, provide all students enrolled in the	798
building the opportunity to enroll in an alternative building	799
within the district that is not in school improvement status as	800
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	801
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	802
the district shall provide transportation for students who enroll	803
in alternative buildings under this division to the extent	804
required under division (E)(2) of this section.	805

(b) If the building receives funds under Title 1, Part A of	806
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	807
6311 to 6339, from the district, offer supplemental educational	808
services to students who are enrolled in the building and who are	809
in the subgroup described in division (F)(3) of section 3302.01 of	810
the Revised Code.	811

The district shall spend a combined total of an amount equal	812
to twenty per cent of the funds it receives under Title I, Part A	813
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	814
6311 to 6339, to provide transportation for students who enroll in	815
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	816
this section and to pay the costs of the supplemental educational	817
services provided to students under division (E)(2)(b) of this	818
section, unless the district can satisfy all demand for	819
transportation and pay the costs of supplemental educational	820
services for those students who request them with a lesser amount.	821
In allocating the funds the district receives under Title I, Part	822
A of the "Elementary and Secondary Education Act of 1965," 20	823
U.S.C. 6311 to 6339, between the requirements of divisions	824
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	825
shall spend at least an amount equal to five per cent of suchthe	826
funds it receives under Title I, Part A of the "Elementary and	827
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	828
provide transportation for students who enroll in alternative	829
buildings under division (E)(1)(b) or (E)(2)(a) of this section,	830
unless the district can satisfy all demand for transportation with	831
a lesser amount, and at least an amount equal to five per cent of	832
suchthe funds it receives under Title I, Part A of the	833
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	834
to 6339, to pay the costs of the supplemental educational services	835
provided to students under division (E)(2)(b) of this section,	836
unless the district can pay the costs of such services for all	837
students requesting them with a lesser amount. If an amount equal	838
to twenty per cent of the funds the district receives under Title	839
I, Part A of the "Elementary and Secondary Education Act of 1965,"	840
20 U.S.C. 6311 to 6339, is insufficient to satisfy all demand for	841
transportation under divisions (E)(1)(b) and (E)(2)(a) of this	842
section and to pay the costs of all of the supplemental	843
educational services provided to students under division (E)(2)(b)	844
of this section, the district shall grant priority over all other	845
students in providing transportation and in paying the costs of	846
supplemental educational services to the lowest achieving students	847
among the subgroup described in division (F)(3) of section 3302.01	848
of the Revised Code.	849

Any district that does not receive funds under Title I, Part	850
A of the "Elementary and Secondary Education Act of 1965," 20	851
U.S.C. 6311 to 6339, shall not be required to provide	852
transportation to any student who enrolls in an alternative	853
building under division (E)(2)(a) of this section or to pay the	854
costs of supplemental educational services provided to any student	855
under division (E)(2)(b) of this section.	856

No student who enrolls in an alternative building under	857
division (E)(2)(a) of this section shall be eligible for	858
supplemental educational services under division (E)(2)(b) of this	859
section.	860

(3) For any school building that fails to make adequate	861
yearly progress for four consecutive school years, the district	862
shall continue to comply with division (E)(2) of this section and	863
shall implement at least one of the following options with respect	864
to the building:	865

(a) Institute a new curriculum that is consistent with the	866
statewide academic standards adopted pursuant to division (A) of	867
section 3301.079 of the Revised Code;	868

(b) Decrease the degree of authority the building has to	869
manage its internal operations;	870

(c) Appoint an outside expert to make recommendations for	871
improving the academic performance of the building. The district	872
may request the department to establish a state intervention team	873
for this purpose pursuant to division (G) of this section.	874

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

875

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

876

(f) Reorganize the administrative structure of the building.

877

(4) For any school building that fails to make adequate	878
yearly progress for five consecutive school years, the district	879
shall continue to comply with division (E)(2) of this section and	880
shall develop a plan during the next succeeding school year to	881
improve the academic performance of the building, which shall	882
include at least one of the following options:	883

(a) Reopen the school as a community school under Chapter	884
3314. of the Revised Code;	885

(b) Replace personnel;

886

(c) Contract with a nonprofit or for-profit entity to operate	887
the building;	888

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

889

(e) Other significant restructuring of the building's	890
governance.	891

(5) For any school building that fails to make adequate	892
yearly progress for six consecutive school years, the district	893
shall continue to comply with division (E)(2) of this section and	894
shall implement the plan developed pursuant to division (E)(4) of	895
this section.	896

(6) A district shall continue to comply with division	897
(E)(1)(b) or (E)(2) of this section, whichever was most recently	898
applicable, with respect to any building formerly subject to one	899
of those divisions until the building makes adequate yearly	900
progress for two consecutive school years.	901

(F) This division applies only to school districts that fail	902
to make adequate yearly progress for two or more consecutive	903
school years.	904

(1) If a school district fails to make adequate yearly	905
progress for two consecutive school years, the district shall	906
provide a written description of the continuous improvement plan	907
developed by the district pursuant to division (B) of this section	908
to the parent or guardian of each student enrolled in the	909
district.	910

(2) If a school district fails to make adequate yearly	911
progress for three consecutive school years, the district shall	912
continue to implement the continuous improvement plan developed by	913
the district pursuant to division (B) of this section.	914

(3) If a school district fails to make adequate yearly	915
progress for four consecutive school years, the department shall	916
take at least one of the following corrective actions with respect	917
to the district:	918

(a) Withhold a portion of the funds the district is entitled	919
to receive under Title I, Part A of the "Elementary and Secondary	920
Education Act of 1965," 20 U.S.C. 6311 to 6339;	921

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

922

(c) Institute a new curriculum that is consistent with the	923
statewide academic standards adopted pursuant to division (A) of	924
section 3301.079 of the Revised Code;	925

(d) Establish alternative forms of governance for individual	926
school buildings within the district;	927

(e) Appoint a trustee to manage the district in place of the	928
district superintendent and board of education.	929

The department shall conduct individual audits of a sampling	930
of districts subject to this division to determine compliance with	931
the corrective actions taken by the department.	932

(4) If a school district fails to make adequate yearly	933
progress for five consecutive school years, the department shall	934
continue to monitor implementation of the corrective action taken	935
under division (F)(3) of this section with respect to the	936
district.	937

(5) If a school district fails to make adequate yearly	938
progress for six consecutive school years, the department shall	939
take at least one of the corrective actions identified in division	940
(F)(3) of this section with respect to the district, provided that	941
the corrective action the department takes is different from the	942
corrective action previously taken under division (F)(3) of this	943
section with respect to the district.	944

(G) The department may establish a state intervention team to	945
evaluate all aspects of a school district or building, including	946
management, curriculum, instructional methods, resource	947
allocation, and scheduling. Any such intervention team shall be	948
appointed by the department and shall include teachers and	949
administrators recognized as outstanding in their fields. The	950
intervention team shall make recommendations regarding methods for	951
improving the performance of the district or building.	952

The department shall not approve a district's request for an	953
intervention team under division (E)(3) of this section if the	954
department cannot adequately fund the work of the team, unless the	955
district agrees to pay for the expenses of the team.	956

(H) The department shall conduct individual audits of a	957
sampling of community schools established under Chapter 3314. of	958
the Revised Code to determine compliance with this section.	959

(I) The state board shall adopt rules for implementing this	960
section.	961

Sec. 3307.01.  As used in this chapter:

962

(A) "Employer" means the board of education, school district,	963
governing authority of any community school established under	964
Chapter 3314. of the Revised Code, college, university,	965
institution, or other agency within the state by which a teacher	966
is employed and paid.	967

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

968

(1) Any person paid from public funds and employed in the	969
public schools of the state under any type of contract described	970
in section 3319.08 of the Revised Code in a position for which the	971
person is required to have a license issued pursuant to sections	972
3319.22 to 3319.31 of the Revised Code;	973

(2) Any person employed as a teacher by a community school	974
pursuant to Chapter 3314. of the Revised Code;	975

(3) Any person holding an internship certificate issued under	976
section 3319.28 of the Revised Code and employed in a public	977
school in this state;	978

(4) Any person having a license issued pursuant to sections	979
3319.22 to 3319.31 of the Revised Code and employed in a public	980
school in this state in an educational position, as determined by	981
the state board of education, under programs provided for by	982
federal acts or regulations and financed in whole or in part from	983
federal funds, but for which no licensure requirements for the	984
position can be made under the provisions of such federal acts or	985
regulations;	986

(5)(4) Any other teacher or faculty member employed in any	987
school, college, university, institution, or other agency wholly	988
controlled and managed, and supported in whole or in part, by the	989
state or any political subdivision thereof, including Central	990
state university, Cleveland state university, the university of	991
Toledo, and the medical college of Ohio at Toledo;	992

(6)(5) The educational employees of the department of	993
education, as determined by the state superintendent of public	994
instruction.	995

In all cases of doubt, the state teachers retirement board	996
shall determine whether any person is a teacher, and its decision	997
shall be final.	998

"Teacher" does not include any academic or administrative	999
employee of a public institution of higher education, as defined	1000
in section 3305.01 of the Revised Code, who participates in an	1001
alternative retirement plan established under Chapter 3305. of the	1002
Revised Code.	1003

(C) "Member" means any person included in the membership of	1004
the state teachers retirement system, which shall consist of all	1005
teachers and contributors as defined in divisions (B) and (D) of	1006
this section and all disability benefit recipients, as defined in	1007
section 3307.50 of the Revised Code. However, for purposes of this	1008
chapter, the following persons shall not be considered members:	1009

(1) A student, intern, or resident who is not a member while	1010
employed part-time by a school, college, or university at which	1011
the student, intern, or resident is regularly attending classes;	1012

(2) A person denied membership pursuant to section 3307.24 of	1013
the Revised Code;	1014

(3) An other system retirant, as defined in section 3307.35	1015
of the Revised Code, or a superannuate;	1016

(4) An individual employed in a program established pursuant	1017
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	1018
U.S.C.A. 1501.	1019

(D) "Contributor" means any person who has an account in the	1020
teachers' savings fund or defined contribution fund.	1021

(E) "Beneficiary" means any person eligible to receive, or in	1022
receipt of, a retirement allowance or other benefit provided by	1023
this chapter.	1024

(F) "Year" means the year beginning the first day of July and	1025
ending with the thirtieth day of June next following, except that	1026
for the purpose of determining final average salary under the plan	1027
described in sections 3307.50 to 3307.79 of the Revised Code,	1028
"year" may mean the contract year.	1029

(G) "Local district pension system" means any school teachers	1030
pension fund created in any school district of the state in	1031
accordance with the laws of the state prior to September 1, 1920.	1032

(H) "Employer contribution" means the amount paid by an	1033
employer, as determined by the employer rate, including the normal	1034
and deficiency rates, contributions, and funds wherever used in	1035
this chapter.	1036

(I) "Five years of service credit" means employment covered	1037
under this chapter and employment covered under a former	1038
retirement plan operated, recognized, or endorsed by a college,	1039
institute, university, or political subdivision of this state	1040
prior to coverage under this chapter.	1041

(J) "Actuary" means the actuarial consultant to the state	1042
teachers retirement board, who shall be either of the following:	1043

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

1044

(2) A firm, partnership, or corporation of which at least one	1045
person is a member of the American academy of actuaries.	1046

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

1047

(1) Exercises any discretionary authority or control with	1048
respect to the management of the system, or with respect to the	1049
management or disposition of its assets;	1050

(2) Renders investment advice for a fee, direct or indirect,	1051
with respect to money or property of the system;	1052

(3) Has any discretionary authority or responsibility in the	1053
administration of the system.	1054

(L)(1) Except as provided in this division, "compensation"	1055
means all salary, wages, and other earnings paid to a teacher by	1056
reason of the teacher's employment, including compensation paid	1057
pursuant to a supplemental contract. The salary, wages, and other	1058
earnings shall be determined prior to determination of the amount	1059
required to be contributed to the teachers' savings fund or	1060
defined contribution fund under section 3307.26 of the Revised	1061
Code and without regard to whether any of the salary, wages, or	1062
other earnings are treated as deferred income for federal income	1063
tax purposes.	1064

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

1065

(a) Payments for accrued but unused sick leave or personal	1066
leave, including payments made under a plan established pursuant	1067
to section 124.39 of the Revised Code or any other plan	1068
established by the employer;	1069

(b) Payments made for accrued but unused vacation leave,	1070
including payments made pursuant to section 124.13 of the Revised	1071
Code or a plan established by the employer;	1072

(c) Payments made for vacation pay covering concurrent	1073
periods for which other salary, compensation, or benefits under	1074
this chapter are paid;	1075

(d) Amounts paid by the employer to provide life insurance,	1076
sickness, accident, endowment, health, medical, hospital, dental,	1077
or surgical coverage, or other insurance for the teacher or the	1078
teacher's family, or amounts paid by the employer to the teacher	1079
in lieu of providing the insurance;	1080

(e) Incidental benefits, including lodging, food, laundry,	1081
parking, or services furnished by the employer, use of the	1082
employer's property or equipment, and reimbursement for	1083
job-related expenses authorized by the employer, including moving	1084
and travel expenses and expenses related to professional	1085
development;	1086

(f) Payments made by the employer in exchange for a member's	1087
waiver of a right to receive any payment, amount, or benefit	1088
described in division (L)(2) of this section;	1089

(g) Payments by the employer for services not actually	1090
rendered;	1091

(h) Any amount paid by the employer as a retroactive increase	1092
in salary, wages, or other earnings, unless the increase is one of	1093
the following:	1094

(i) A retroactive increase paid to a member employed by a	1095
school district board of education in a position that requires a	1096
license designated for teaching and not designated for being an	1097
administrator issued under section 3319.22 of the Revised Code	1098
that is paid in accordance with uniform criteria applicable to all	1099
members employed by the board in positions requiring the licenses;	1100

(ii) A retroactive increase paid to a member employed by a	1101
school district board of education in a position that requires a	1102
license designated for being an administrator issued under section	1103
3319.22 of the Revised Code that is paid in accordance with	1104
uniform criteria applicable to all members employed by the board	1105
in positions requiring the licenses;	1106

(iii) A retroactive increase paid to a member employed by a	1107
school district board of education as a superintendent that is	1108
also paid as described in division (L)(2)(h)(i) of this section;	1109

(iv) A retroactive increase paid to a member employed by an	1110
employer other than a school district board of education in	1111
accordance with uniform criteria applicable to all members	1112
employed by the employer.	1113

(i) Payments made to or on behalf of a teacher that are in	1114
excess of the annual compensation that may be taken into account	1115
by the retirement system under division (a)(17) of section 401 of	1116
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1117
401(a)(17), as amended. For a teacher who first establishes	1118
membership before July 1, 1996, the annual compensation that may	1119
be taken into account by the retirement system shall be determined	1120
under division (d)(3) of section 13212 of the "Omnibus Budget	1121
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1122

(j) Payments made under division (B), (C), or (E) of section	1123
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1124
No. 3 of the 119th general assembly, Section 3 of Amended	1125
Substitute Senate Bill No. 164 of the 124th general assembly, or	1126
Amended Substitute House Bill No. 405 of the 124th general	1127
assembly;	1128

(k) Anything of value received by the teacher that is based	1129
on or attributable to retirement or an agreement to retire.	1130

(3) The retirement board shall determine by rule both of the	1131
following:	1132

(a) Whether particular forms of earnings are included in any	1133
of the categories enumerated in this division;	1134

(b) Whether any form of earnings not enumerated in this	1135
division is to be included in compensation.	1136

Decisions of the board made under this division shall be	1137
final.	1138

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

1139

(1) A former teacher receiving from the system a retirement	1140
allowance under section 3307.58 or 3307.59 of the Revised Code;	1141

(2) A former teacher receiving a benefit from the system	1142
under a plan established under section 3307.81 of the Revised	1143
Code, except that "superannuate" does not include a former teacher	1144
who is receiving a benefit based on disability under a plan	1145
established under section 3307.81 of the Revised Code.	1146

For purposes of sections 3307.35 and 3307.353 of the Revised	1147
Code, "superannuate" also means a former teacher receiving from	1148
the system a combined service retirement benefit paid in	1149
accordance with section 3307.57 of the Revised Code, regardless of	1150
which retirement system is paying the benefit.	1151

Sec. 3313.28.  The treasurer of a board of education, at the	1152
expiration of the treasurer's term of office, shall deliver to the	1153
treasurer's successor all books and papers in the treasurer's	1154
hands relating to the affairs of the district, including educator	1155
licenses and internship certificates, and copies thereof, and	1156
reports of school statistics, filed by teachers.	1157

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

1158

(1) "Licensed individual" means an individual who holds a	1159
valid educator license, certificate, or permit issued by the state	1160
board of education under section 3319.22, 3319.26, 3319.27, or	1161
3319.302 of the Revised Code.	1162

(2) "Nonlicensed individual" means an individual who does not	1163
hold a valid educator license, certificate, or permit issued by	1164
the state board of education under section 3319.22, 3319.26,	1165
3319.27, or 3319.302 of the Revised Code.	1166

(B) The board of education of any city, exempted village, or	1167
local school district may establish and maintain in connection	1168
with the public school systems:	1169

(A)(1) Manual training, industrial arts, domestic science,	1170
and commercial departments;	1171

(B)(2) Agricultural, industrial, vocational, and trades	1172
schools.	1173

Such board may pay from the public school funds, as other	1174
school expenses are paid, the expenses of establishing and	1175
maintaining such departments and schools and of directing,	1176
supervising, and coaching the pupil-activity programs in music,	1177
language, arts, speech, government, athletics, and any others	1178
directly related to the curriculum.	1179

(C) The board of education of any city, exempted village, or	1180
local school district may employ a nonlicensed individual to	1181
direct, supervise, or coach a pupil-activity program pursuant to	1182
rules adoptedas long as that individual holds a valid	1183
pupil-activity program permit issued by the state board of	1184
education setting forth standards to assure the individual's good	1185
moral character and competence to direct, supervise, or coach the	1186
pupil-activity programunder division (A) of section 3319.303 of	1187
the Revised Code. The state board shall also adopt rules	1188
applicable to licensed individuals, setting forth standards to	1189
assure any such individual's competence to direct, supervise, or	1190
coach a pupil-activity program and that shall not be more	1191
stringent than the standards set forth in rules applicable to	1192
nonlicensed individuals. A	1193

(D) A nonlicensed individual who meets the standards adopted	1194
by the state boardholds a valid pupil-activity program permit may	1195
be so employed under division (C) of this section only after the	1196
school district's board of education adopts a resolution stating	1197
that it has offered such position to those employees of the	1198
district who have a license issued under section 3319.22 of the	1199
Revised Codeare licensed individuals and no such employee	1200
qualified to fill the position has accepted it, and has then	1201
advertised the position as available to any licensed individual	1202
with such a license who is qualified to fill it and who is not	1203
employed by the board, and no such person has applied for and	1204
accepted the position. A nonlicensed individual so employed is a	1205
nonteaching employee and is not an educational assistant as	1206
defined in section 3319.088 of the Revised Code. As used in this	1207
paragraphdivision and division (C) of this section,	1208
pupil-activity program does not include any class or course	1209
required or offered for credit toward a pupil's promotion to the	1210
next grade or for graduation, or any activity conducted as a part	1211
of or required for such a class or course. A nonlicensed	1212
individual employed under this section may perform only the duties	1213
of the director, supervisor, or coach of the pupil-activity	1214
program for which the nonlicensed individual is employed.	1215

The board shall fix the compensation of the nonlicensed	1216
individual so employed, which shall be the same amount as the	1217
position was offered to the district's licensed employees, and	1218
execute a written contract with the nonlicensed individual for a	1219
term not to exceed one year. The contract shall specify the	1220
compensation, duration, and other terms of employment, and the	1221
compensation shall not be reduced unless such reduction is a part	1222
of a uniform plan affecting the entire district. No	1223

If the state board suspends, revokes, or limits the	1224
pupil-activity program permit of a nonlicensed individual, the	1225
school district board may terminate or suspend the employment	1226
contract of that individual. Otherwise, no contract issued under	1227
this section shall be terminated or suspended except pursuant to	1228
the procedure established by division (C) of section 3319.081 of	1229
the Revised Code.	1230

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

1231

(1) "Drug prescribed by a physician" means a drug described,	1232
as defined in section 4729.01 of the Revised Code, that is to be	1233
administered pursuant to the instructions of the prescribing	1234
physicianprescriber, whether or not required by law to be sold	1235
only upon a prescription.	1236

(2) "Federal law" means the "Education For All Handicapped	1237
ChildrenIndividuals with Disabilities Education Act of 1975	1238
1997," 89111 Stat. 77537, 20 U.S.C. 14011400, as amended.	1239

(3) "Prescriber" has the same meaning as in section 4729.01	1240
of the Revised Code.	1241

(B) The board of education of each city, local, exempted	1242
village, and joint vocational school district, shall, not later	1243
than one hundred twenty days after the effective date of this	1244
sectionSeptember 20, 1984, adopt a policy on the authority of its	1245
employees, when acting in situations other than those governed by	1246
sections 2305.23, 2305.231, and 3313.712 of the Revised Code, to	1247
administer drugs prescribed by physicians to students enrolled in	1248
the schools of the district. The policy shall provide either that:	1249

(1) Except as otherwise required by federal law, no person	1250
employed by the board shall, in the course of such employment,	1251
administer any drug prescribed by a physician to any student	1252
enrolled in the schools of the district.	1253

(2) Designated persons employed by the board are authorized	1254
to administer to a student a drug prescribed by a physician for	1255
the student. Except as otherwise provided by federal law, the	1256
board's policy may provide that certain drugs or types of drugs	1257
shall not be administered or that no employee, or no employee	1258
without appropriate training, shall use certain procedures, such	1259
as injection, to administer a drug to a student.	1260

(C) No drug prescribed by a physician for a student shall be	1261
administered pursuant to federal law or a policy adopted under	1262
division (B) of this section until the following occur:	1263

(1) The board, or a person designated by the board, receives	1264
a written request, signed by the parent, guardian, or other person	1265
having care or charge of the student, that the drug be	1266
administered to the student.	1267

(2) The board, or a person designated by the board, receives	1268
a statement, signed by the physician who prescribed the drug	1269
prescriber, that includes all of the following information:	1270

(a) The name and address of the student;

1271

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

1272

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

1273

(d) The times or intervals at which each dosage of the drug	1274
is to be administered;	1275

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

1276

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

1277

(g) Any severe adverse reactions that should be reported to	1278
the physicianprescriber and one or more phone numbers at which	1279
the physicianprescriber can be reached in an emergency;	1280

(h) Special instructions for administration of the drug,	1281
including sterile conditions and storage.	1282

(3) The parent, guardian, or other person having care or	1283
charge of the student agrees to submit a revised statement signed	1284
by the physician who prescribed the drugprescriber to the board	1285
or a person designated by the board if any of the information	1286
provided by the physicianprescriber pursuant to division (C)(2)	1287
of this section changes.	1288

(4) The person authorized by the board to administer the drug	1289
receives a copy of the statement required by division (C)(2) or	1290
(3) of this section.	1291

(5) The drug is received by the person authorized to	1292
administer the drug to the student for whom the drug is prescribed	1293
in the container in which it was dispensed by the prescribing	1294
physicianprescriber or a licensed pharmacist.	1295

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

1296

(D) If a drug prescribed by a physician is administered to a	1297
student, the board of education shall acquire and retain copies of	1298
the written requests required by division (C)(1) and the	1299
statements required by divisions (C)(2) and (3) of this section	1300
and shall ensure that by the next school day following the receipt	1301
of any such statement a copy is given to the person authorized to	1302
administer drugs to the student for whom the statement has been	1303
received. The board, or a person designated by the board, shall	1304
establish a location in each school building for the storage of	1305
drugs to be administered under this section and federal law. All	1306
such drugs shall be stored in that location in a locked storage	1307
place, except that drugs that require refrigeration may be kept in	1308
a refrigerator in a place not commonly used by students.	1309

(E) No person who has been authorized by a board of education	1310
to administer a drug and has a copy of the most recent statement	1311
required by division (C)(2) or (3) of this section given to the	1312
person in accordance with division (D) of this section prior to	1313
administering the drug is liable in civil damages for	1314
administering or failing to administer the drug, unless such	1315
person acts in a manner that constitutes gross negligence or	1316
wanton or reckless misconduct.	1317

(F) Whenever aA board of education is required tomay	1318
designate a person or persons to perform any function or functions	1319
in connection with a drug policy adopted under this section, the	1320
board may designate such persons either by name or by position,	1321
training, qualifications, or similar distinguishing factors.	1322

Nothing in this section shall be construed to require a	1323
person employed by a board of education to administer a drug to a	1324
student unless the board's policy adopted in compliance with this	1325
section establishes such a requirement. A board shall not require	1326
an employee to administer a drug to a student if the employee	1327
objects, on the basis of religious convictions, to administering	1328
the drug.	1329

A policy adopted by a board of education pursuant to this	1330
section may be changed, modified, or revised by action of the	1331
board.	1332

Nothing in this section affects the application of section	1333
2305.23, 2305.231, or 3313.712 of the Revised Code to the	1334
administration of emergency care or treatment to a student.	1335

Sec. 12.        Sec. 3314.021. (A) This section applies to any entity that	1336
is exempt from taxation under Sectionsection 501(c)(3) of the	1337
Internal Revenue Code and that satisfies the conditions specified	1338
in divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	1339
Revised Code but does not satisfy the condition specified in	1340
division (C)(1)(f)(i) of that section.	1341

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	1342
of the Revised Code, an entity described in division (A) of this	1343
section may succeeddo both of the following without obtaining the	1344
department of education's approval of its sponsorship under	1345
division (B)(1) of section 3314.015 of the Revised Code:	1346

(1) Succeed the board of trustees of a state university	1347
located in the Pilot Project Areapilot project area or that	1348
board's designee as the sponsor of a community school established	1349
under Chapter 3314. of the Revised Code, and maythis chapter;	1350

(2) Continue to sponsor suchthat school for the remainder of	1351
in conformance with the termterms of the contract between the	1352
board of trustees or its designee and the governing authority of	1353
the community school and may renew that contract as provided in	1354
division (E) of section 3314.03 of the Revised Code. Such	1355

(C) The entity that succeeds the board of trustees or the	1356
board's designee as sponsor of a community school under division	1357
(B) of this section also may enter into new contracts to sponsor	1358
additionalother community schools located in any challenged	1359
school district, without obtaining the department's approval of	1360
its sponsorship under division (B)(1) of section 3314.015 of the	1361
Revised Code, subject to the restriction of the paragraph	1362
following division (C)(1)(f)(iii) of section 3314.02 of the	1363
Revised Code and as long as it satisfiesthe contracts conform	1364
with and the entity complies with all theother requirements of	1365
Chapter 3314. of the Revised Code except for the requirement	1366
prescribed in division (C)(1)(f)(i) of section 3314.02 of the	1367
Revised Codethis chapter.	1368

Sec. 3314.034. (A) No internet- or computer-based community	1369
school shall enter into a contract with a nonpublic school to use	1370
or rent any facility space at the nonpublic school for the	1371
provision of instructional services to students enrolled in the	1372
internet- or computer-based community school.	1373

(B) If, on the effective date of this section, an internet-	1374
or computer-based community school has a contract with a nonpublic	1375
school as described in division (A) of this section, the	1376
department of education shall not make any payments under section	1377
3314.08 of the Revised Code to the internet- or computer-based	1378
community school for any student who is enrolled in the internet-	1379
or computer-based community school and receives any instructional	1380
services from the internet- or computer-based community school at	1381
the nonpublic school.	1382

Sec. 3318.031. (A) The Ohio school facilities commission	1383
shall consider student and staff safety and health when reviewing	1384
design plans for classroom facility construction projects proposed	1385
under this chapter. After consulting with appropriate education,	1386
health, and law enforcement personnel, the commission may require	1387
as a condition of project approval under either section 3318.03 or	1388
division (B)(1) of section 3318.41 of the Revised Code such	1389
changes in the design plans as the commission believes will	1390
advance or improve student and staff safety and health in the	1391
proposed classroom facility.	1392

To carry out its duties under this sectiondivision, the	1393
commission shall review and, if necessary, amend any construction	1394
and design standards used in its project approval process,	1395
including standards for location and number of exits, standards	1396
for lead safety in classroom facilities constructed before 1978 in	1397
which services are provided to children under six years of age,	1398
and location of restrooms, with a focus on advancing student and	1399
staff safety and health.	1400

(B) When reviewing design standards for classroom facility	1401
construction projects proposed under this chapter, the commission	1402
shall also consider the extent to which the design standards	1403
support the following:	1404

(1) Support and facilitation of smaller classes and the trend	1405
toward smaller schools;	1406

(2) Provision of sufficient space for training new teachers	1407
and promotion of collaboration among teaching candidates,	1408
experienced teachers, and teacher educators;	1409

(3) Provision of adequate space for teacher planning and	1410
collaboration;	1411

(4) Provision of adequate space for parent involvement	1412
activities;	1413

(5) Provision of sufficient space for innovative partnerships	1414
between schools and health and social service agencies.	1415

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

1416

(1) "Core subject area" means reading and English language	1417
arts, mathematics, science, foreign language, government,	1418
economics, fine arts, history, and geography.	1419

(2) "Fully licensed" means having successfully completed all	1420
requirements for an educator license commensurate with years of	1421
teaching experience pursuant to section 3319.22 of the Revised	1422
Code and not having had any such requirements waived on an	1423
emergency, temporary, or provisional basis.	1424

(3) "Highly qualified teacher" means a classroom teacher who	1425
satisfies all of the following conditions:	1426

(a) Holds a baccalaureate degree;

1427

(b) Is fully licensed or is participating in an alternative	1428
route to licensure in which the teacher receives professional	1429
development and mentoring, teaches for not longer than three	1430
years, and demonstrates satisfactory progress toward becoming	1431
fully licensed;	1432

(c) If teaching in grades kindergarten through six, satisfies	1433
at least one of the following:	1434

(i) Passage of an assessment of subject matter content and	1435
professional knowledge required for licensure;	1436

(ii) Successful completion of a graduate degree or advanced	1437
certification in the teaching assignment;	1438

(iii) Achievement of one hundred points on the Ohio highly	1439
qualified teacher rubric developed by the Ohio department of	1440
education;	1441

(iv) Completion of an individual professional development	1442
program approved by the applicable local professional development	1443
committee that includes ninety hours of high quality professional	1444
development incorporating grade appropriate academic subject	1445
matter knowledge, teaching skills, and state academic content	1446
standards.	1447

(d) If teaching in grades seven through twelve, satisfies at	1448
least one of the following:	1449

(i) Passage of an assessment of subject matter content	1450
required for licensure;	1451

(ii) Successful completion of either an undergraduate	1452
academic major, coursework equivalent to such major, a graduate	1453
degree, or advanced certification in each subject area in which	1454
the teacher provides instruction;	1455

(iii) Achievement of one hundred points on the Ohio highly	1456
qualified teacher rubric developed by the department;	1457

(iv) Completion of an individual professional development	1458
program approved by the applicable local professional development	1459
committee that includes ninety hours of high quality professional	1460
development incorporating grade appropriate academic subject	1461
matter knowledge, teaching skills, and state academic content	1462
standards.	1463

(B) No city, exempted village, local, joint vocational, or	1464
cooperative education school district shall employ any classroom	1465
teacher hired after July 1, 2002, to provide instruction in a core	1466
subject area to any student enrolled in a school that receives	1467
funds under Title I, Part A of the "Elementary and Secondary	1468
Education Act of 1965," 115 Stat. 1425, 20 U.S.C. 6301 et seq.,	1469
unless such teacher is a highly qualified teacher.	1470

(C) Each school district annually shall notify through a	1471
school wide publication the parent or guardian of each student	1472
enrolled in a school that receives funds under Title I, Part A of	1473
the "Elementary and Secondary Education Act of 1965," 115 Stat.	1474
1425, 20 U.S.C. 6301 et seq., that the parent or guardian may	1475
request information on the professional qualifications of each	1476
classroom teacher who provides instruction to the parent's or	1477
guardian's child. The district shall provide the information on	1478
each applicable teacher to any parent or guardian who requests it.	1479
Such information shall include all of the following:	1480

(1) Whether the teacher has satisfied all requirements for	1481
licensure adopted by the state board of education pursuant to	1482
section 3319.22 of the Revised Code for the grade levels and	1483
subject areas in which the teacher provides instruction or whether	1484
the teacher provides instruction under a waiver of any such	1485
requirements;	1486

(2) The major subject area in which the teacher was awarded a	1487
baccalaureate degree and, if applicable, any other degrees or	1488
certification;	1489

(3) Whether a paraprofessional provides any services to the	1490
student and, if so, the qualifications of the paraprofessional.	1491

Sec. 3319.075. Once the state board of education adopts	1492
professional development standards pursuant to section 3319.61 of	1493
the Revised Code, the board of education of each school district	1494
shall use the standards for the following purposes:	1495

(A) To guide the design of teacher education programs serving	1496
both teacher candidates and experienced teachers;	1497

(B) To guide school-based professional development that is	1498
aligned with student achievement;	1499

(C) To determine what types of professional development the	1500
school district and the schools within the district should	1501
provide;	1502

(D) To guide how state and federal funding for professional	1503
development should be spent;	1504

(E) To develop criteria for decision making by the local	1505
professional development committees established under section	1506
3319.22 of the Revised Code;	1507

(F) To guide the school district in the hiring of third-party	1508
providers of instructional services who use or meet the	1509
professional development standards;	1510

(G) To guide all licensed school personnel in developing	1511
their own plans for professional growth.	1512

Sec. 3319.09.  As used in sections 3319.08 to 3319.18,	1513
inclusive, of the Revised Code:	1514

(A) "Teacher" means all persons licensed to teach and who are	1515
employed in the public schools of this state as instructors,	1516
principals, supervisors, superintendents, or in any other	1517
educational position for which the state board of education	1518
requires licensure under sections 3319.22 to 3319.31 of the	1519
Revised Code including persons holding an internship certificate	1520
issued under section 3319.28 of the Revised Code and persons	1521
having a license issued pursuant to sections 3319.22 to 3319.31 of	1522
the Revised Code and employed in an educational position, as	1523
determined by the state board of education, under programs	1524
provided for by federal acts or regulations and financed in whole	1525
or in part from federal funds, but for which no licensure	1526
requirements for the position can be made under the provisions of	1527
such federal acts or regulations.	1528

(B) "Year" as applied to term of service means actual service	1529
of not less than one hundred twenty days within a school year;	1530
provided that any board of education may grant a leave of absence	1531
for professional advancement with full credit for service.	1532

(C) "Continuing service status" for a teacher means	1533
employment under a continuing contract.	1534

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

1535

(1) "Evaluation procedures" means the procedures adopted	1536
pursuant to division (B) of section 3319.111 of the Revised Code.	1537

(2) "Limited contract" means a limited contract, as described	1538
in section 3319.08 of the Revised Code, that a school district	1539
board of education or governing board of an educational service	1540
center enters into with a teacher who is not eligible for	1541
continuing service status.	1542

(3) "Extended limited contract" means a limited contract, as	1543
described in section 3319.08 of the Revised Code, that a board of	1544
education or governing board enters into with a teacher who is	1545
eligible for continuing service status.	1546

(B) Teachers eligible for continuing service status in any	1547
city, exempted village, local, or joint vocational school district	1548
or educational service center shall be those teachers qualified as	1549
described in division (B)(1) or (2) of section 3319.08 of the	1550
Revised Code, who within the last five years have taught for at	1551
least three years in the district or center, and those teachers	1552
who, having attained continuing contract status elsewhere, have	1553
served two years in the district or center, but the board, upon	1554
the recommendation of the superintendent, may at the time of	1555
employment or at any time within such two-year period, declare any	1556
of the latter teachers eligible.	1557

(1) Upon the recommendation of the superintendent that a	1558
teacher eligible for continuing service status be reemployed, a	1559
continuing contract shall be entered into between the board and	1560
the teacher unless the board by a three-fourths vote of its full	1561
membership rejects the recommendation of the superintendent. If	1562
the board rejects by a three-fourths vote of its full membership	1563
the recommendation of the superintendent that a teacher eligible	1564
for continuing service status be reemployed and the superintendent	1565
makes no recommendation to the board pursuant to division (C) of	1566
this section, the board may declare its intention not to reemploy	1567
the teacher by giving the teacher written notice on or before the	1568
thirtieth day of April of its intention not to reemploy the	1569
teacher. If evaluation procedures have not been complied with	1570
pursuant to division (A) of section 3319.111 of the Revised Code	1571
or the board does not give the teacher written notice on or before	1572
the thirtieth day of April of its intention not to reemploy the	1573
teacher, the teacher is deemed reemployed under an extended	1574
limited contract for a term not to exceed one year at the same	1575
salary plus any increment provided by the salary schedule. The	1576
teacher is presumed to have accepted employment under the extended	1577
limited contract for a term not to exceed one year unless such	1578
teacher notifies the board in writing to the contrary on or before	1579
the first day of June, and an extended limited contract for a term	1580
not to exceed one year shall be executed accordingly. Upon any	1581
subsequent reemployment of the teacher only a continuing contract	1582
may be entered into.	1583

(2) If the superintendent recommends that a teacher eligible	1584
for continuing service status not be reemployed, the board may	1585
declare its intention not to reemploy the teacher by giving the	1586
teacher written notice on or before the thirtieth day of April of	1587
its intention not to reemploy the teacher. If evaluation	1588
procedures have not been complied with pursuant to division (A) of	1589
section 3319.111 of the Revised Code or the board does not give	1590
the teacher written notice on or before the thirtieth day of April	1591
of its intention not to reemploy the teacher, the teacher is	1592
deemed reemployed under an extended limited contract for a term	1593
not to exceed one year at the same salary plus any increment	1594
provided by the salary schedule. The teacher is presumed to have	1595
accepted employment under the extended limited contract for a term	1596
not to exceed one year unless such teacher notifies the board in	1597
writing to the contrary on or before the first day of June, and an	1598
extended limited contract for a term not to exceed one year shall	1599
be executed accordingly. Upon any subsequent reemployment of a	1600
teacher only a continuing contract may be entered into.	1601

(3) Any teacher receiving written notice of the intention of	1602
a board not to reemploy such teacher pursuant to this division is	1603
entitled to the hearing provisions of division (G) of this	1604
section.	1605

(C)(1) If a board rejects the recommendation of the	1606
superintendent for reemployment of a teacher pursuant to division	1607
(B)(1) of this section, the superintendent may recommend	1608
reemployment of the teacher, if continuing service status has not	1609
previously been attained elsewhere, under an extended limited	1610
contract for a term not to exceed two years, provided that written	1611
notice of the superintendent's intention to make such	1612
recommendation has been given to the teacher with reasons directed	1613
at the professional improvement of the teacher on or before the	1614
thirtieth day of April. Upon subsequent reemployment of the	1615
teacher only a continuing contract may be entered into.	1616

(2) If a board of education takes affirmative action on a	1617
superintendent's recommendation, made pursuant to division (C)(1)	1618
of this section, of an extended limited contract for a term not to	1619
exceed two years but the board does not give the teacher written	1620
notice of its affirmative action on the superintendent's	1621
recommendation of an extended limited contract on or before the	1622
thirtieth day of April, the teacher is deemed reemployed under a	1623
continuing contract at the same salary plus any increment provided	1624
by the salary schedule. The teacher is presumed to have accepted	1625
employment under such continuing contract unless such teacher	1626
notifies the board in writing to the contrary on or before the	1627
first day of June, and a continuing contract shall be executed	1628
accordingly.	1629

(3) A board shall not reject a superintendent's	1630
recommendation, made pursuant to division (C)(1) of this section,	1631
of an extended limited contract for a term not to exceed two years	1632
except by a three-fourths vote of its full membership. If a board	1633
rejects by a three-fourths vote of its full membership the	1634
recommendation of the superintendent of an extended limited	1635
contract for a term not to exceed two years, the board may declare	1636
its intention not to reemploy the teacher by giving the teacher	1637
written notice on or before the thirtieth day of April of its	1638
intention not to reemploy the teacher. If evaluation procedures	1639
have not been complied with pursuant to division (A) of section	1640
3319.111 of the Revised Code or if the board does not give the	1641
teacher written notice on or before the thirtieth day of April of	1642
its intention not to reemploy himthe teacher, the teacher is	1643
deemed reemployed under an extended limited contract for a term	1644
not to exceed one year at the same salary plus any increment	1645
provided by the salary schedule. The teacher is presumed to have	1646
accepted employment under the extended limited contract for a term	1647
not to exceed one year unless such teacher notifies the board in	1648
writing to the contrary on or before the first day of June, and an	1649
extended limited contract for a term not to exceed one year shall	1650
be executed accordingly. Upon any subsequent reemployment of the	1651
teacher only a continuing contract may be entered into.	1652

Any teacher receiving written notice of the intention of a	1653
board not to reemploy such teacher pursuant to this division is	1654
entitled to the hearing provisions of division (G) of this	1655
section.	1656

(D) A teacher eligible for continuing contract status	1657
employed under an extended limited contract pursuant to division	1658
(B) or (C) of this section, is, at the expiration of such extended	1659
limited contract, deemed reemployed under a continuing contract at	1660
the same salary plus any increment granted by the salary schedule,	1661
unless evaluation procedures have been complied with pursuant to	1662
division (A) of section 3319.111 of the Revised Code and the	1663
employing board, acting on the superintendent's recommendation	1664
that the teacher not be reemployed, gives the teacher written	1665
notice on or before the thirtieth day of April of its intention	1666
not to reemploy such teacher. A teacher who does not have	1667
evaluation procedures applied in compliance with division (A) of	1668
section 3319.111 of the Revised Code or who does not receive	1669
notice on or before the thirtieth day of April of the intention of	1670
the board not to reemploy such teacher is presumed to have	1671
accepted employment under a continuing contract unless such	1672
teacher notifies the board in writing to the contrary on or before	1673
the first day of June, and a continuing contract shall be executed	1674
accordingly.	1675

Any teacher receiving a written notice of the intention of a	1676
board not to reemploy such teacher pursuant to this division is	1677
entitled to the hearing provisions of division (G) of this	1678
section.	1679

(E) A limited contract may be entered into by each board with	1680
each teacher who has not been in the employ of the board for at	1681
least three years and shall be entered into, regardless of length	1682
of previous employment, with each teacher employed by the board	1683
who holds a provisional, temporary, or associate license or an	1684
internship certificate, or who holds a professional license and is	1685
not eligible to be considered for a continuing contract.	1686

Any teacher employed under a limited contract, and not	1687
eligible to be considered for a continuing contract, is, at the	1688
expiration of such limited contract, considered reemployed under	1689
the provisions of this division at the same salary plus any	1690
increment provided by the salary schedule unless evaluation	1691
procedures have been complied with pursuant to division (A) of	1692
section 3319.111 of the Revised Code and the employing board,	1693
acting upon the superintendent's written recommendation that the	1694
teacher not be reemployed, gives such teacher written notice of	1695
its intention not to reemploy such teacher on or before the	1696
thirtieth day of April. A teacher who does not have evaluation	1697
procedures applied in compliance with division (A) of section	1698
3319.111 of the Revised Code or who does not receive notice of the	1699
intention of the board not to reemploy such teacher on or before	1700
the thirtieth day of April is presumed to have accepted such	1701
employment unless such teacher notifies the board in writing to	1702
the contrary on or before the first day of June, and a written	1703
contract for the succeeding school year shall be executed	1704
accordingly.	1705

Any teacher receiving a written notice of the intention of a	1706
board not to reemploy such teacher pursuant to this division is	1707
entitled to the hearing provisions of division (G) of this	1708
section.	1709

(F) The failure of a superintendent to make a recommendation	1710
to the board under any of the conditions set forth in divisions	1711
(B) to (E) of this section, or the failure of the board to give	1712
such teacher a written notice pursuant to divisions (C) to (E) of	1713
this section shall not prejudice or prevent a teacher from being	1714
deemed reemployed under either a limited or continuing contract as	1715
the case may be under the provisions of this section. A failure of	1716
the parties to execute a written contract shall not void any	1717
automatic reemployment provisions of this section.	1718

(G)(1) Any teacher receiving written notice of the intention	1719
of a board of education not to reemploy such teacher pursuant to	1720
division (B), (C)(3), (D), or (E) of this section may, within ten	1721
days of the date of receipt of the notice, file with the treasurer	1722
of the board a written demand for a written statement describing	1723
the circumstances that led to the board's intention not to	1724
reemploy the teacher.	1725

(2) The treasurer of a board, on behalf of the board, shall,	1726
within ten days of the date of receipt of a written demand for a	1727
written statement pursuant to division (G)(1) of this section,	1728
provide to the teacher a written statement describing the	1729
circumstances that led to the board's intention not to reemploy	1730
the teacher.	1731

(3) Any teacher receiving a written statement describing the	1732
circumstances that led to the board's intention not to reemploy	1733
the teacher pursuant to division (G)(2) of this section may,	1734
within five days of the date of receipt of the statement, file	1735
with the treasurer of the board a written demand for a hearing	1736
before the board pursuant to divisions (G)(4) to (6) of this	1737
section.	1738

(4) The treasurer of a board, on behalf of the board, shall,	1739
within ten days of the date of receipt of a written demand for a	1740
hearing pursuant to division (G)(3) of this section, provide to	1741
the teacher a written notice setting forth the time, date, and	1742
place of the hearing. The board shall schedule and conclude the	1743
hearing within forty days of the date on which the treasurer of	1744
the board receives a written demand for a hearing pursuant to	1745
division (G)(3) of this section.	1746

(5) Any hearing conducted pursuant to this division shall be	1747
conducted by a majority of the members of the board. The hearing	1748
shall be held in executive session of the board unless the board	1749
and the teacher agree to hold the hearing in public. The	1750
superintendent, assistant superintendent, the teacher, and any	1751
person designated by either party to take a record of the hearing	1752
may be present at the hearing. The board may be represented by	1753
counsel and the teacher may be represented by counsel or a	1754
designee. A record of the hearing may be taken by either party at	1755
the expense of the party taking the record.	1756

(6) Within ten days of the conclusion of a hearing conducted	1757
pursuant to this division, the board shall issue to the teacher a	1758
written decision containing an order affirming the intention of	1759
the board not to reemploy the teacher reported in the notice given	1760
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	1761
this section or an order vacating the intention not to reemploy	1762
and expunging any record of the intention, notice of the	1763
intention, and the hearing conducted pursuant to this division.	1764

(7) A teacher may appeal an order affirming the intention of	1765
the board not to reemploy the teacher to the court of common pleas	1766
of the county in which the largest portion of the territory of the	1767
school district or service center is located, within thirty days	1768
of the date on which the teacher receives the written decision, on	1769
the grounds that the board has not complied with section 3319.11	1770
or 3319.111 of the Revised Code.	1771

Notwithstanding section 2506.04 of the Revised Code, the	1772
court in an appeal under this division is limited to the	1773
determination of procedural errors and to ordering the correction	1774
of procedural errors and shall have no jurisdiction to order a	1775
board to reemploy a teacher, except that the court may order a	1776
board to reemploy a teacher in compliance with the requirements of	1777
division (B), (C)(3), (D), or (E) of this section when the court	1778
determines that evaluation procedures have not been complied with	1779
pursuant to division (A) of section 3319.111 of the Revised Code	1780
or the board has not given the teacher written notice on or before	1781
the thirtieth day of April of its intention not to reemploy the	1782
teacher pursuant to division (B), (C)(3), (D), or (E) of this	1783
section. Otherwise, the determination whether to reemploy or not	1784
reemploy a teacher is solely a board's determination and not a	1785
proper subject of judicial review and, except as provided in this	1786
division, no decision of a board whether to reemploy or not	1787
reemploy a teacher shall be invalidated by the court on any basis,	1788
including that the decision was not warranted by the results of	1789
any evaluation or was not warranted by any statement given	1790
pursuant to division (G)(2) of this section.	1791

No appeal of an order of a board may be made except as	1792
specified in this division.	1793

(H)(1) In giving a teacher any notice required by division	1794
(B), (C), (D), or (E) of this section, the board or the	1795
superintendent shall do either of the following:	1796

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

1797

(b) Deliver the notice by certified mail, return receipt	1798
requested, addressed to the teacher at the teacher's place of	1799
employment and deliver a copy of the notice by certified mail,	1800
return receipt requested, addressed to the teacher at the	1801
teacher's place of residence.	1802

(2) In giving a board any notice required by division (B),	1803
(C), (D), or (E) of this section, the teacher shall do either of	1804
the following:	1805

(a) Deliver the notice by personal delivery to the office of	1806
the superintendent during regular business hours;	1807

(b) Deliver the notice by certified mail, return receipt	1808
requested, addressed to the office of the superintendent and	1809
deliver a copy of the notice by certified mail, return receipt	1810
requested, addressed to the president of the board at the	1811
president's place of residence.	1812

(3) When any notice and copy of the notice are mailed	1813
pursuant to division (H)(1)(b) or (2)(b) of this section, the	1814
notice or copy of the notice with the earlier date of receipt	1815
shall constitute the notice for the purposes of division (B), (C),	1816
(D), or (E) of this section.	1817

(I) The provisions of this section shall not apply to any	1818
supplemental written contracts entered into pursuant to section	1819
3319.08 of the Revised Code.	1820

Sec. 3319.111.  (A) Any board of education that has entered	1821
into any limited contract or extended limited contract with a	1822
teacher pursuant to section 3319.11 of the Revised Code, except	1823
with a teacher who holds an internship certificate granted under	1824
division (A) of section 3319.28 of the Revised Code, shall	1825
evaluate such a teacher in compliance with the requirements of	1826
this section in any school year in which the board may wish to	1827
declare its intention not to re-employ the teacher pursuant to	1828
division (B), (C)(3), (D), or (E) of section 3319.11 of the	1829
Revised Code.	1830

This evaluation shall be conducted at least twice in the	1831
school year in which the board may wish to declare its intention	1832
not to re-employ the teacher. One evaluation shall be conducted	1833
and completed not later than the fifteenth day of January and the	1834
teacher being evaluated shall receive a written report of the	1835
results of this evaluation not later than the twenty-fifth day of	1836
January. One evaluation shall be conducted and completed between	1837
the tenth day of February and the first day of April and the	1838
teacher being evaluated shall receive a written report of the	1839
results of this evaluation not later than the tenth day of April.	1840

Any evaluation conducted pursuant to this section shall be	1841
conducted by one or more of the following:	1842

(1) A person who is under contract with a board of education	1843
pursuant to section 3319.01 or 3319.02 of the Revised Code and	1844
holds a license designated for being a superintendent, assistant	1845
superintendent, or principal issued under section 3319.22 of the	1846
Revised Code;	1847

(2) A person who is under contract with a board of education	1848
pursuant to section 3319.02 of the Revised Code and holds a	1849
license designated for being a vocational director or a supervisor	1850
in any educational area issued under section 3319.22 of the	1851
Revised Code;	1852

(3) A person designated to conduct evaluations under an	1853
agreement providing for peer review entered into by a board of	1854
education and representatives of teachers employed by that board.	1855

(B) Any board of education evaluating a teacher pursuant to	1856
this section shall adopt evaluation procedures that shall be	1857
applied each time a teacher is evaluated pursuant to this section.	1858
These evaluation procedures shall include, but not be limited to:	1859

(1) Criteria of expected job performance in the areas of	1860
responsibility assigned to the teacher being evaluated;	1861

(2) Observation of the teacher being evaluated by the person	1862
conducting the evaluation on at least two occasions for not less	1863
than thirty minutes on each occasion;	1864

(3) A written report of the results of the evaluation that	1865
includes specific recommendations regarding any improvements	1866
needed in the performance of the teacher being evaluated and	1867
regarding the means by which the teacher may obtain assistance in	1868
making such improvements.	1869

(C) This section does not apply to teachers subject to	1870
evaluation procedures under sections 3319.01 and 3319.02 of the	1871
Revised Code or to any teacher employed as a substitute for less	1872
than one hundred twenty days during a school year pursuant to	1873
section 3319.10 of the Revised Code.	1874

Sec. 3319.112. (A) The state board of education, in consultation with the Ohio board of regents, shall establish	1876
guidelines for the evaluation of teachers and principals. The	1877
guidelines shall include the following principles:	1878

(1) A school district should evaluate the performance of	1879
teachers on a regular basis.	1880

(2) The evaluation system adopted by a school district should	1881
be fair, credible, and evidence-based and should use multiple	1882
measures of a teacher or principal's use of knowledge and skills	1883
and of students' academic progress.	1884

(3) The evaluation system adopted by a school district should	1885
be aligned with the standards for teachers and principals adopted	1886
pursuant to section 3319.61 of the Revised Code.	1887

(4) The evaluation system adopted by a school district should	1888
provide clear statements of expectation for professional	1889
performance.	1890

(5) The evaluation of a teacher or principal should suggest	1891
professional development that will enhance future performance in	1892
areas that do not meet expected performance levels.	1893

(6) The criteria included in a school district's evaluation	1894
system should be reviewed on a regular basis and revised as	1895
necessary to ensure effectiveness over time.	1896

(7) The evaluation system adopted by a school district should	1897
address the extent to which a teacher or principal exhibits	1898
cultural competency as defined pursuant to section 3319.61 of the	1899
Revised Code.	1900

(B) Once the state board has established the guidelines, the	1901
state board shall inform school districts of the contents of the	1902
guidelines. All school districts may use the guidelines in	1903
creating or modifying evaluation systems.	1904

(C) To assist school districts that modify evaluation systems	1905
to better reflect a standards-based method, the department of	1906
education shall do both of the following:	1907

(1) Serve as a clearinghouse of promising evaluation	1908
procedures and evaluation models that school districts may use;	1909

(2) Provide technical assistance to school districts that	1910
request assistance in modifying evaluation systems.	1911

Sec. 3319.22.  (A)(1) The state board of education shall	1912
adopt rules establishing the standards and requirements for	1913
obtaining temporary, associate, provisional, and professional	1914
educator licenses of any categories, types, and levels the board	1915
elects to provide. However, no educator license shall be required	1916
for teaching children two years old or younger.	1917

(2) If the state board requires any examinations for educator	1918
licensure, the department of education shall provide the results	1919
of such examinations received by the department to the Ohio board	1920
of regents, in the manner and to the extent permitted by state and	1921
federal law.	1922

(B) Any rules the state board of education adopts, amends, or	1923
rescinds for educator licenses under this section, division (D) of	1924
section 3301.07 of the Revised Code, or any other law shall be	1925
adopted, amended, or rescinded under Chapter 119. of the Revised	1926
Code except as follows:	1927

(1) Notwithstanding division (D) of section 119.03 and	1928
division (A)(1) of section 119.04 of the Revised Code, the	1929
effective datein the case of the adoption of any rules,rule or	1930
the amendment or rescission of any rules,rule that necessitates	1931
institutions' offering teacher preparation programs that are	1932
approved by the state board of education under section 3319.23 of	1933
the Revised Code to revise the curriculum of those programs, the	1934
effective date shall not be as prescribed in division (D) of	1935
section 119.03 and division (A)(1) of section 119.04 of the	1936
Revised Code. Instead, the effective date of such rules, or the	1937
amendment or rescission of such rules, shall be the date	1938
prescribed by section 3319.23 of the Revised Code.	1939

(2) Notwithstanding the authority to adopt, amend, or rescind	1940
emergency rules in division (F) of section 119.03 of the Revised	1941
Code, this authority shall not apply to the state board of	1942
education with regard to rules for educator licenses.	1943

(C)(1) The rules adopted under this section establishing	1944
standards requiring additional coursework for the renewal of any	1945
educator license shall require a school district and a chartered	1946
nonpublic school to establish local professional development	1947
committees. In a nonpublic school, the chief administrative	1948
officer shall establish the committees in any manner acceptable to	1949
such officer. The committees established under this division shall	1950
determine whether coursework that a district or chartered	1951
nonpublic school teacher proposes to complete meets the	1952
requirement of the rules. The department of education shall	1953
provide technical assistance and support to committees as the	1954
committees incorporate the professional development standards	1955
adopted by the state board of education pursuant to section	1956
3319.61 of the Revised Code into their review of coursework that	1957
is appropriate for license renewal. The rules shall establish a	1958
procedure by which a teacher may appeal the decision of a local	1959
professional development committee.	1960

(2) In any school district in which there is no exclusive	1961
representative established under Chapter 4117. of the Revised	1962
Code, the professional development committees shall be established	1963
as described in division (C)(2) of this section.	1964

Not later than the effective date of the rules adopted under	1965
this section, the board of education of each school district shall	1966
establish the structure for one or more local professional	1967
development committees to be operated by such school district. The	1968
committee structure so established by a district board shall	1969
remain in effect unless within thirty days prior to an anniversary	1970
of the date upon which the current committee structure was	1971
established, the board provides notice to all affected district	1972
employees that the committee structure is to be modified.	1973
Professional development committees may have a district-level or	1974
building-level scope of operations, and may be established with	1975
regard to particular grade or age levels for which an educator	1976
license is designated.	1977

Each professional development committee shall consist of at	1978
least three classroom teachers employed by the district, one	1979
principal employed by the district, and one other employee of the	1980
district appointed by the district superintendent. For committees	1981
with a building-level scope, the teacher and principal members	1982
shall be assigned to that building, and the teacher members shall	1983
be elected by majority vote of the classroom teachers assigned to	1984
that building. For committees with a district-level scope, the	1985
teacher members shall be elected by majority vote of the classroom	1986
teachers of the district, and the principal member shall be	1987
elected by a majority vote of the principals of the district,	1988
unless there are two or fewer principals employed by the district,	1989
in which case the one or two principals employed shall serve on	1990
the committee. If a committee has a particular grade or age level	1991
scope, the teacher members shall be licensed to teach such grade	1992
or age levels, and shall be elected by majority vote of the	1993
classroom teachers holding such a license and the principal shall	1994
be elected by all principals serving in buildings where any such	1995
teachers serve. The district superintendent shall appoint a	1996
replacement to fill any vacancy that occurs on a professional	1997
development committee, except in the case of vacancies among the	1998
elected classroom teacher members, which shall be filled by vote	1999
of the remaining members of the committee so selected.	2000

Terms of office on professional development committees shall	2001
be prescribed by the district board establishing the committees.	2002
The conduct of elections for members of professional development	2003
committees shall be prescribed by the district board establishing	2004
the committees. A professional development committee may include	2005
additional members, except that the majority of members on each	2006
such committee shall be classroom teachers employed by the	2007
district. Any member appointed to fill a vacancy occurring prior	2008
to the expiration date of the term for which a predecessor was	2009
appointed shall hold office as a member for the remainder of that	2010
term.	2011

The initial meeting of any professional development	2012
committee, upon election and appointment of all committee members,	2013
shall be called by a member designated by the district	2014
superintendent. At this initial meeting, the committee shall	2015
select a chairperson and such other officers the committee deems	2016
necessary, and shall adopt rules for the conduct of its meetings.	2017
Thereafter, the committee shall meet at the call of the	2018
chairperson or upon the filing of a petition with the district	2019
superintendent signed by a majority of the committee members	2020
calling for the committee to meet.	2021

(3) In the case of a school district in which an exclusive	2022
representative has been established pursuant to Chapter 4117. of	2023
the Revised Code, professional development committees shall be	2024
established in accordance with any collective bargaining agreement	2025
in effect in the district that includes provisions for such	2026
committees.	2027

If the collective bargaining agreement does not specify a	2028
different method for the selection of teacher members of the	2029
committees, the exclusive representative of the district's	2030
teachers shall select the teacher members.	2031

If the collective bargaining agreement does not specify a	2032
different structure for the committees, the board of education of	2033
the school district shall establish the structure, including the	2034
number of committees and the number of teacher and administrative	2035
members on each committee; the specific administrative members to	2036
be part of each committee; whether the scope of the committees	2037
will be district levels, building levels, or by type of grade or	2038
age levels for which educator licenses are designated; the lengths	2039
of terms for members; the manner of filling vacancies on the	2040
committees; and the frequency and time and place of meetings.	2041
However, in all cases, except as provided in division (C)(4) of	2042
this section, there shall be a majority of teacher members of any	2043
professional development committee, there shall be at least five	2044
total members of any professional development committee, and the	2045
exclusive representative shall designate replacement members in	2046
the case of vacancies among teacher members, unless the collective	2047
bargaining agreement specifies a different method of selecting	2048
such replacements.	2049

(4) Whenever an administrator's coursework plan is being	2050
discussed or voted upon, the local professional development	2051
committee shall, at the request of one of its administrative	2052
members, cause a majority of the committee to consist of	2053
administrative members by reducing the number of teacher members	2054
voting on the plan.	2055

(D)(1) The department of education, educational service	2056
centers, county boards of mental retardation and developmental	2057
disabilities, regional professional development centers, special	2058
education regional resource centers, college and university	2059
departments of education, head start programs, the Ohio SchoolNet	2060
commission, and the Ohio education computer network may establish	2061
local professional development committees to determine whether the	2062
coursework proposed by their employees who are licensed or	2063
certificated under this section or section 3319.222 of the Revised	2064
Code meet the requirements of the rules adopted under this	2065
section. They may establish local professional development	2066
committees on their own or in collaboration with a school district	2067
or other agency having authority to establish them.	2068

Local professional development committees established by	2069
county boards of mental retardation and developmental disabilities	2070
shall be structured in a manner comparable to the structures	2071
prescribed for school districts in divisions (C)(2) and (3) of	2072
this section, as shall the committees established by any other	2073
entity specified in division (D)(1) of this section that provides	2074
educational services by employing or contracting for services of	2075
classroom teachers licensed or certificated under this section or	2076
section 3319.222 of the Revised Code. All other entities specified	2077
in division (D)(1) of this section shall structure their	2078
committees in accordance with guidelines which shall be issued by	2079
the state board.	2080

(2) Any public agency that is not specified in division	2081
(D)(1) of this section but provides educational services and	2082
employs or contracts for services of classroom teachers licensed	2083
or certificated under this section or section 3319.222 of the	2084
Revised Code may establish a local professional development	2085
committee, subject to the approval of the department of education.	2086
The committee shall be structured in accordance with guidelines	2087
issued by the state board.	2088

Sec. 3319.225. (A) No temporary educator license shall be	2089
issued under this section for employment as a principal after the	2090
effective date of the rules prescribed by division (A) of section	2091
3319.27 of the Revised Code. No temporary educator license shall	2092
be issued under this section for employment as a superintendent or	2093
in any other administrative position except principal after the	2094
effective date of the rules prescribed by division (B) of section	2095
3319.27 of the Revised Code.	2096

(B) Notwithstanding sections 3319.01 and 3319.22 of the	2097
Revised Code, the board of education of any city, local, or	2098
exempted village, or joint vocational school district, or the	2099
governing board of any educational service center may request the	2100
state board of education to issue a one-year temporary educator	2101
license valid for being employed as a superintendent, or in any	2102
other administrative position, to an individual specified by the	2103
district board. The state board of education may issue the	2104
educator license if the requesting district board has determined	2105
both of the following:	2106

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

2107

(B)(2) The individual holds at least a baccalaureate degree	2108
from an accredited institution of higher education in a field	2109
related to finance or administration, or has five years of recent	2110
work experience in education, management, or administration.	2111

A one-year temporary educator license is valid only in the	2112
district whose board requested the license. An individual holding	2113
such a license may be employed as a superintendent or in any other	2114
administrative position in such district. The state board of	2115
education may renew such license annually upon request of the	2116
employing district.	2117

Sec. 3319.227. This section does not apply to any classroom	2118
teacher required to be a highly qualified teacher pursuant to	2119
section 3319.074 of the Revised Code.	2120

Notwithstanding any provision to the contrary in this chapter	2121
or in any educator licensing rule adopted by the state board of	2122
education under authority granted under this chapter, any	2123
individual who holds an educator license issued under section	2124
3319.22 of the Revised Code or a teacher's certificate issued	2125
under former section 3319.22 of the Revised Code that has	2126
continuing effect under section 3319.222 of the Revised Code may	2127
be employed to teach for up to two school years in a grade level	2128
or in a subject or teaching area for which the individual's	2129
license or certificate is not valid, as long as the individual	2130
agrees that during that time the individual will enroll in,	2131
attend, and complete coursework required by rule of the state	2132
board for licensure to teach in that grade level or in that	2133
subject or teaching area. The necessary coursework may be	2134
completed through classes developed and offered by regional	2135
professional development providers, such as special education	2136
regional resource centers, regional professional development	2137
centers, educational service centers, local education agencies,	2138
professional organizations, and institutions of higher education,	2139
provided the coursework is taken for credit in collaboration with	2140
a college or university that has a teacher education program	2141
approved by the state board. No person shall teach in a grade	2142
level or subject or teaching area under this section beyond two	2143
years until the person has completed all coursework and tests	2144
prescribed by the state board for licensure in that grade level or	2145
subject or teaching area.	2146

Sec. 3319.23.  The state board of education shall establish	2147
standards and courses of study for the preparation of teachers,	2148
shall provide for the inspection of institutions desiring to	2149
prepare teachers, shall approve such institutions as maintain	2150
satisfactory training procedures, and shall properly license the	2151
graduates of such approved courses and institutions. If the	2152
standards adopted by the state board under this section require an	2153
institution also to satisfy the standards of an independent	2154
accreditation organization, the state board shall permit each	2155
institution to satisfy the standards of either the national	2156
council for accreditation of teacher education or the teacher	2157
education accreditation council.	2158

The standards and courses of study for the preparation of	2159
teachers together with the standards, rules, and regulations set	2160
for each kind of license and for the renewal and conversion	2161
thereof shall be adopted and published by the board in accordance	2162
with Chapter 119. of the Revised Code and no change therein.	2163
Notwithstanding division (D) of section 119.03 and division (A)(1)	2164
of section 119.04 of the Revised Code, any standards, courses of	2165
study, rules, and regulations, or any amendment or rescission of	2166
such standards, courses of study, rules, and regulations, adopted	2167
by the board under this section that necessitate institutions	2168
offering teacher preparation programs approved by the board to	2169
revise the curriculum of those programs shall not be effective for	2170
at least one year from the first day of January next succeeding	2171
the publication of the said change.	2172

Sec. 3319.25. Any teacher performance assessment entity with	2173
which the department of education or the state board of education	2174
contracts or any independent agent with whom such entity, the	2175
department, or the state board contracts to provide services as a	2176
teacher performance assessor, trainer of assessors, or assessment	2177
coordinator is not liable for damages in a civil action concerning	2178
the actions of such entity or agent made in the conduct of a	2179
teacher performance assessment unless those actions were conducted	2180
with malicious purpose, in bad faith, or in a wanton or reckless	2181
manner.	2182

As used in this section, "teacher performance assessment"	2183
means an assessment prescribed by the state board of education to	2184
measure the classroom performance of a teacher who is a candidate	2185
for a professional educator license based on observations	2186
conducted by a trained assessor while the teacher is engaged in	2187
actual classroom instruction.	2188

Sec. 3319.26. (A) The state board of education shall adopt	2189
rules establishing the standards and requirements for obtaining an	2190
alternative educator license for teaching in grades seven to	2191
twelve, or the equivalent, in a designated subject area. However,	2192
an alternative educator license in the area of intervention	2193
specialist, as defined by rule of the state board, shall be valid	2194
for teaching in grades kindergarten to twelve. The	2195

(B)(1) The rules shall require applicants for the license to	2196
holdsatisfy the following conditions prior to issuance of the	2197
license:	2198

(a) Hold a minimum of a baccalaureate degree, to have	2199
successfully completed;	2200

(b) Successfully complete three semester hours or the	2201
equivalent of college coursework in the developmental	2202
characteristics of adolescent youths and three semester hours or	2203
the equivalent in teaching methods, and to have passed;	2204

(c) Pass an examination in the subject area for which	2205
application is being made. An	2206

(2) An alternative educator license shall be valid for two	2207
years and shall not be renewable.	2208

(3) The rules shall require the holder of an alternative	2209
educator license, as a condition of continuing to hold the	2210
license, to show satisfactory progress in taking and successfully	2211
completing within two years at least twelve additional semester	2212
hours, or the equivalent, of college coursework in the principles	2213
and practices of teaching in such topics as student development	2214
and learning, pupil assessment procedures, curriculum development,	2215
classroom management, and teaching methodology.	2216

(C) The rules shall provide for the granting of a provisional	2217
educator license to a holder of an alternative educator license	2218
upon successfully completing all of the following:	2219

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

2220

(B)(2) The twelve semester hours, or the equivalent, of the	2221
additional college coursework described in division (B)(3) of this	2222
section;	2223

(C)(3) The assessment of subject matter content and	2224
professional knowledge that is required of other applicants for a	2225
provisional educator license. The standards for successfully	2226
completing this assessment and the manner of conducting the	2227
assessment shall be the same as for any other applicant for a	2228
provisional educator license.	2229

Sec. 3319.261. An individual who otherwise qualifies for an	2230
alternative educator license for employment as an intervention	2231
specialist as authorized under section 3319.26 of the Revised Code	2232
shall be issued such license without successful completion of the	2233
examination specified in division (B)(1)(c) of section 3319.26 of	2234
the Revised Code. The individual to whom the alternative educator	2235
license is issued under this section shall be required to	2236
successfully complete that examination prior to issuance of a	2237
provisional educator license as provided in division (C) of	2238
section 3319.26 of the Revised Code only after completing the	2239
coursework prescribed in division (B)(3) of that section.	2240

Sec. 3319.27. (A) The state board of education shall adopt	2241
rules that establish an alternative principal license. The rules	2242
establishing an alternative principal license shall include a	2243
requirement that an applicant have obtained classroom teaching	2244
experience. Beginning on the effective date of the rules, the	2245
state board shall cease to issue temporary educator licenses	2246
pursuant to section 3319.225 of the Revised Code for employment as	2247
a principal. Any person who on the effective date of the rules	2248
holds a valid temporary educator license issued under that section	2249
and is employed as a principal shall be allowed to continue	2250
employment as a principal until the expiration of the license.	2251
Employment of any such person as a principal by a school district	2252
after the expiration of the temporary educator license shall be	2253
contingent upon the state board issuing the person an alternative	2254
principal license in accordance with the rules adopted under this	2255
division.	2256

(B) The state board shall adopt rules that establish an	2257
alternative administrator license, which shall be valid for	2258
employment as a superintendent or in any other administrative	2259
position except principal. Beginning on the effective date of the	2260
rules, the state board shall cease to issue temporary educator	2261
licenses pursuant to section 3319.225 of the Revised Code for	2262
employment as a superintendent or in any other administrative	2263
position except principal. Any person who on the effective date of	2264
the rules holds a valid temporary educator license issued under	2265
that section and is employed as a superintendent or in any other	2266
administrative position except principal shall be allowed to	2267
continue employment in that position until the expiration of the	2268
license. Employment of any such person as a superintendent or in	2269
any other administrative position except principal by a school	2270
district after the expiration of the temporary educator license	2271
shall be contingent upon the state board issuing the person an	2272
alternative administrator license in accordance with the rules	2273
adopted under this division.	2274

Sec. 3319.283.  (A) The board of education of any school	2275
district may employ an individual who is not certificated or	2276
licensed as required by Chapter 3319. of the Revised Code, but who	2277
meets the following qualifications, as a teacher in the schools of	2278
the district:	2279

(1) The individual is a veteran of the armed forces of the	2280
United States and was honorably discharged within three years of	2281
the effective date of this amendmentJune 30, 1997;	2282

(2) While in the armed forces the individual had meaningful	2283
teaching or other instructional experience;	2284

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

2285

(B) An individual employed under this section shall be deemed	2286
to hold a teaching certificate or educator license for the	2287
purposes of state and federal law and rules and regulations and	2288
school district policies, rules, and regulations. Such individuals	2289
However, an individual employed under this section is not a highly	2290
qualified teacher for purposes of the school district's compliance	2291
with section 3319.074 of the Revised Code. Each individual	2292
employed under this section shall meet the requirement to	2293
successfully complete fifteen hours, or the equivalent, of	2294
coursework every five years that is approved by the local	2295
professional development committee as is required of other	2296
teachers licensed in accordance with Chapter 3319. of the Revised	2297
Code.	2298

(C) The superintendent of public instruction may revoke the	2299
right of an individual employed under division (A) of this section	2300
to teach if, after an investigation and an adjudication conducted	2301
pursuant to Chapter 119. of the Revised Code, the superintendent	2302
finds that the person is not competent to teach the subject the	2303
person has been employed to teach or did not fulfill the	2304
requirements of division (A) of this section. No individual whose	2305
right to teach has been revoked under this division shall teach in	2306
a public school, and no board of education may engage such an	2307
individual to teach in the schools of its district.	2308

Notwithstanding division (B) of this section, a board of	2309
education is not required to comply with the provisions of	2310
sections 3319.11 and 3319.16 of the Revised Code with regard to	2311
termination of employment if the superintendent, after an	2312
investigation and an adjudication, has revoked the individual's	2313
right to teach.	2314

Sec. 3319.29.  Each application for any license or	2315
certificate pursuant to sectionsections 3319.22 to 3319.28	2316
3319.27 of the Revised Code or for any permit pursuant to section	2317
3319.301 or 3319.303 of the Revised Code, or renewal or duplicate	2318
of such a license, certificate, or permit, shall be accompanied by	2319
the payment of a fee in the amount established under division (A)	2320
of section 3319.51 of the Revised Code. Any fees received under	2321
this section shall be paid into the state treasury to the credit	2322
of the state board of education licensure fund established under	2323
division (B) of section 3319.51 of the Revised Code.	2324

Any person applying for or holding a license, certificate, or	2325
permit pursuant to this section and sections 3319.22 to 3319.28	2326
3319.27 or section 3319.301 or 3319.303 of the Revised Code is	2327
subject to sections 3123.41 to 3123.50 of the Revised Code and any	2328
applicable rules adopted under section 3123.63 of the Revised Code	2329
and sections 3319.31 and 3319.311 of the Revised Code.	2330

Sec. 3319.291.  (A) Except for a certificate of the type	2331
described in division (B) of section 3319.281 of the Revised Code,	2332
whenWhen any person initially applies for any certificate,	2333
license, or permit described in division (B) of section 3301.071	2334
or, in section 3301.074, 3319.088, or 3319.29, or in division (A)	2335
of section 3319.303 of the Revised Code, the state board of	2336
education shall require the person to submit with the application	2337
two complete sets of fingerprints and written permission that	2338
authorizes the superintendent of public instruction to forward the	2339
fingerprints to the bureau of criminal identification and	2340
investigation pursuant to division (F) of section 109.57 of the	2341
Revised Code and that authorizes that bureau to forward the	2342
fingerprints to the federal bureau of investigation for purposes	2343
of obtaining any criminal records that the federal bureau	2344
maintains on the person.	2345

(B) The state board of education or the superintendent of	2346
public instruction may request the superintendent of the bureau of	2347
criminal identification and investigation to do either or both of	2348
the following:	2349

(1) Investigate and determine whether the bureau has any	2350
information, gathered pursuant to division (A) of section 109.57	2351
of the Revised Code, pertaining to any person submitting	2352
fingerprints and written permission under this section;	2353

(2) Obtain any criminal records that the federal bureau of	2354
investigation has on the person.	2355

Sec. 3319.303. (A) The state board of education shall adopt	2356
rules establishing standards and requirements for obtaining a	2357
pupil-activity program permit for any individual who does not hold	2358
a valid educator license, certificate, or permit issued by the	2359
state board under section 3319.22, 3319.26, 3319.27, or 3319.302	2360
of the Revised Code. The permit issued under this section shall be	2361
valid for coaching, supervising, or directing a pupil-activity	2362
program under section 3313.53 of the Revised Code. Subject to the	2363
provisions of section 3319.31 of the Revised Code, a permit issued	2364
under this section shall be valid for three years and shall be	2365
renewable.	2366

(B) The state board shall adopt rules applicable to	2367
individuals who hold valid educator licenses, certificates, or	2368
permits issued by the state board under section 3319.22, 3319.26,	2369
3319.27, or 3319.302 of the Revised Code setting forth standards	2370
to assure any such individual's competence to direct, supervise,	2371
or coach a pupil-activity program. The rules adopted under this	2372
division shall not be more stringent than the standards set forth	2373
in rules applicable to individuals who do not hold such licenses,	2374
certificates, or permits adopted under division (A) of this	2375
section.	2376

Sec. 3319.31.  (A) As used in this section and sections	2377
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	2378
means a certificate, license, or permit described in division (B)	2379
of section 3301.071 or, in section 3301.074, 3319.088, 3319.29, or	2380
3319.302, or in division (A) of section 3319.303 of the Revised	2381
Code.	2382

(B) For any of the following reasons, the state board of	2383
education, in accordance with Chapter 119. and section 3319.311 of	2384
the Revised Code, may refuse to issue a license to an applicant,	2385
may limit a license it issues to an applicant, or may suspend,	2386
revoke, or limit a license that has been issued to any person:	2387

(1) Engaging in an immoral act, incompetence, negligence, or	2388
conduct that is unbecoming to the applicant's or person's	2389
position;	2390

(2) A plea of guilty to, a finding of guilt by a jury or	2391
court of, or a conviction of any of the following:	2392

(a) A felony;

2393

(b) A violation of section 2907.04 or 2907.06 or division (A)	2394
or (B) of section 2907.07 of the Revised Code;	2395

(c) An offense of violence;

2396

(d) A theft offense, as defined in section 2913.01 of the	2397
Revised Code;	2398

(e) A drug abuse offense, as defined in section 2925.01 of	2399
the Revised Code, that is not a minor misdemeanor;	2400

(f) A violation of an ordinance of a municipal corporation	2401
that is substantively comparable to an offense listed in divisions	2402
(B)(2)(a) to (e) of this section.	2403

(C) The state board may take action under division (B) of	2404
this section on the basis of substantially comparable conduct	2405
occurring in a jurisdiction outside this state or occurring before	2406
a person applies for or receives any license.	2407

(D) The state board may adopt rules in accordance with	2408
Chapter 119. of the Revised Code to carry out this section and	2409
section 3319.311 of the Revised Code.	2410

Sec. 3319.311.  (A) The state board of education, or the	2411
superintendent of public instruction on behalf of the board, may	2412
investigate any information received about a person that	2413
reasonably appears to be a basis for action under section 3319.31	2414
of the Revised Code. The board shall contract with the office of	2415
the Ohio attorney general to conduct any investigation of that	2416
nature. The board shall pay for the costs of the contract only	2417
from moneys in the state board of education licensure fund	2418
established under division (B) of section 3319.51 of the Revised	2419
Code. All information obtained during an investigation is	2420
confidential and is not a public record under section 149.43 of	2421
the Revised Code. If an investigation is conducted under this	2422
division regarding information received about a person and no	2423
action is taken against the person under this section or section	2424
3319.31 of the Revised Code within two years of the completion of	2425
the investigation, all records of the investigation shall be	2426
expunged.	2427

(B) The superintendent of public instruction shall review the	2428
results of each investigation of a person conducted under division	2429
(A) of this section and shall determine, on behalf of the state	2430
board, whether the results warrant initiating action under section	2431
3319.31 of the Revised Code. The superintendent shall advise the	2432
board of such determination at a meeting of the board. Within	2433
fourteen days of the next meeting of the board, any member of the	2434
board may ask that the question of initiating action under section	2435
3319.31 of the Revised Code be placed on the board's agenda for	2436
that next meeting. Prior to initiating that action against any	2437
person, the person's name and any other personally identifiable	2438
information shall remain confidential.	2439

(C) The board shall take no action against a person under	2440
section 3319.31 of the Revised Code without providing the person	2441
with written notice of the charges and with an opportunity for a	2442
hearing in accordance with Chapter 119. of the Revised Code. For	2443

(D) For purposes of thean investigation under division (A)	2444
of this section or a hearing under division (C) of this section,	2445
the board, or the superintendent on behalf of the board, may	2446
administer oaths, order the taking of depositions, issue	2447
subpoenas, and compel the attendance of witnesses and the	2448
production of books, accounts, papers, records, documents, and	2449
testimony. The issuance of subpoenas under this division may be by	2450
certified mail or personal delivery to the person.	2451

(D)(E) The superintendent, on behalf of the board, may enter	2452
into a consent agreement with a person against whom action is	2453
being taken under section 3319.31 of the Revised Code. The board	2454
may adopt rules governing the superintendent's action under this	2455
division.	2456

(E)(F) The board automatically may suspend any license	2457
without a prior hearing if the license holder is convicted of or	2458
pleads guilty to one or more of the following offenses or a	2459
violation of an ordinance of a municipal corporation or a law of	2460
another state that is substantially comparable to one of the	2461
following offenses: aggravated murder; murder; aggravated arson;	2462
aggravated robbery; aggravated burglary; voluntary manslaughter;	2463
felonious assault; kidnapping; rape; sexual battery; gross sexual	2464
imposition; or unlawful sexual conduct with a minor. A suspension	2465
under this division is effective on the date of the conviction or	2466
guilty plea.	2467

For a suspension under this division, the board, in	2468
accordance with section 119.07 of the Revised Code, shall issue a	2469
written order of suspension to the license holder by certified	2470
mail or in person and shall afford the person a hearing upon	2471
request. If the person does not request a hearing within the time	2472
limits established by that section, the board shall enter a final	2473
order revoking the person's license. An order of suspension under	2474
this division is not subject to suspension by a court during the	2475
pendency of an appeal filed under section 119.12 of the Revised	2476
Code.	2477

An order of suspension under this division shall remain in	2478
effect, unless reversed on appeal, until the final order of the	2479
board, issued pursuant to this section and Chapter 119. of the	2480
Revised Code, becomes effective. The board shall issue a final	2481
order within sixty days of the date of an order of suspension	2482
under this division or a hearing on an order of suspension,	2483
whichever is later. If the board fails to issue a final order by	2484
that deadline, the order of suspension is dissolved. No	2485
dissolution of an order of suspension under this division shall	2486
invalidate a subsequent final order of the board.	2487

(F)(G) No surrender of a license shall be effective until the	2488
board takes action to accept the surrender unless the surrender is	2489
pursuant to a consent agreement entered into under division (D)(E)	2490
of this section.	2491

Sec. 3319.36.  (A) No treasurer of a board of education or	2492
educational service center shall draw a check for the payment of a	2493
teacher for services until the teacher files with the treasurer	2494
both of the following:	2495

(1) Such reports as are required by the state board of	2496
education, the school district board of education, or the	2497
superintendent of schools;	2498

(2) Except for a teacher who is engaged pursuant to section	2499
3319.301 of the Revised Code, a written statement from the city,	2500
exempted village, or local school district superintendent or the	2501
educational service center superintendent that the teacher has	2502
filed with the treasurer a legal educator license or internship	2503
certificate, or true copy of it, to teach the subjects or grades	2504
taught, with the dates of its validity. The state board of	2505
education shall prescribe the record and administration for such	2506
filing of educator licenses and internship certificates in	2507
educational service centers.	2508

(B) Notwithstanding division (A) of this section, the	2509
treasurer may pay either of the following:	2510

(1) Any teacher for services rendered during the first two	2511
months of the teacher's initial employment with the school	2512
district or educational service center, provided such teacher is	2513
the holder of a bachelor's degree or higher and has filed with the	2514
state board of education an application for the issuance of a	2515
provisional or professional educator license.	2516

(2) Any substitute teacher for services rendered while	2517
conditionally employed under section 3319.101 of the Revised Code.	2518

(C) Upon notice to the treasurer given by the state board of	2519
education or any superintendent having jurisdiction that reports	2520
required of a teacher have not been made, the treasurer shall	2521
withhold the salary of the teacher until the required reports are	2522
completed and furnished.	2523

Sec. 3319.39.  (A)(1) Except as provided in division	2524
(F)(2)(b) of section 109.57 of the Revised Code and division (I)	2525
of this section, the appointing or hiring officer of the board of	2526
education of a school district, the governing board of an	2527
educational service center, or of a chartered nonpublic school	2528
shall request the superintendent of the bureau of criminal	2529
identification and investigation to conduct a criminal records	2530
check with respect to any applicant who has applied to the school	2531
district, educational service center, or school for employment in	2532
any position as a person responsible for the care, custody, or	2533
control of a child. If the applicant does not present proof that	2534
the applicant has been a resident of this state for the five-year	2535
period immediately prior to the date upon which the criminal	2536
records check is requested or does not provide evidence that	2537
within that five-year period the superintendent has requested	2538
information about the applicant from the federal bureau of	2539
investigation in a criminal records check, the appointing or	2540
hiring officer shall request that the superintendent obtain	2541
information from the federal bureau of investigation as a part of	2542
the criminal records check for the applicant. If the applicant	2543
presents proof that the applicant has been a resident of this	2544
state for that five-year period, the appointing or hiring officer	2545
may request that the superintendent include information from the	2546
federal bureau of investigation in the criminal records check.	2547

(2) A person required by division (A)(1) of this section to	2548
request a criminal records check shall provide to each applicant a	2549
copy of the form prescribed pursuant to division (C)(2) of section	2550
109.572 of the Revised Code, provide to each applicant a standard	2551
impression sheet to obtain fingerprint impressions prescribed	2552
pursuant to division (C)(2) of section 109.572 of the Revised	2553
Code, obtain the completed form and impression sheet from each	2554
applicant, and forward the completed form and impression sheet to	2555
the superintendent of the bureau of criminal identification and	2556
investigation at the time the person requests a criminal records	2557
check pursuant to division (A)(1) of this section.	2558

(3) An applicant who receives pursuant to division (A)(2) of	2559
this section a copy of the form prescribed pursuant to division	2560
(C)(1) of section 109.572 of the Revised Code and a copy of an	2561
impression sheet prescribed pursuant to division (C)(2) of that	2562
section and who is requested to complete the form and provide a	2563
set of fingerprint impressions shall complete the form or provide	2564
all the information necessary to complete the form and shall	2565
provide the impression sheet with the impressions of the	2566
applicant's fingerprints. If an applicant, upon request, fails to	2567
provide the information necessary to complete the form or fails to	2568
provide impressions of the applicant's fingerprints, the board of	2569
education of a school district, governing board of an educational	2570
service center, or governing authority of a chartered nonpublic	2571
school shall not employ that applicant for any position for which	2572
a criminal records check is required pursuant to division (A)(1)	2573
of this section.	2574

(B)(1) Except as provided in rules adopted by the department	2575
of education in accordance with division (E) of this section and	2576
as provided in division (B)(3) of this section, no board of	2577
education of a school district, no governing board of an	2578
educational service center, and no governing authority of a	2579
chartered nonpublic school shall employ a person as a person	2580
responsible for the care, custody, or control of a child if the	2581
person previously has been convicted of or pleaded guilty to any	2582
of the following:	2583

(a) A violation of section 2903.01, 2903.02, 2903.03,	2584
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2585
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2586
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2587
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2588
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2589
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2590
2925.06, or 3716.11 of the Revised Code, a violation of section	2591
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2592
violation of section 2919.23 of the Revised Code that would have	2593
been a violation of section 2905.04 of the Revised Code as it	2594
existed prior to July 1, 1996, had the violation been committed	2595
prior to that date,, a violation of section 2925.11 of the Revised	2596
Code that is not a minor drug possession offense, or felonious	2597
sexual penetration in violation of former section 2907.12 of the	2598
Revised Code;	2599

(b) A violation of an existing or former law of this state,	2600
another state, or the United States that is substantially	2601
equivalent to any of the offenses or violations described in	2602
division (B)(1)(a) of this section.	2603

(2) A board, governing board of an educational service	2604
center, or a governing authority of a chartered nonpublic school	2605
may employ an applicant conditionally until the criminal records	2606
check required by this section is completed and the board or	2607
governing authority receives the results of the criminal records	2608
check. If the results of the criminal records check indicate that,	2609
pursuant to division (B)(1) of this section, the applicant does	2610
not qualify for employment, the board or governing authority shall	2611
release the applicant from employment.	2612

(3) No board and no governing authority of a chartered	2613
nonpublic school shall employ a teacher who previously has been	2614
convicted of or pleaded guilty to any of the offenses listed in	2615
section 3319.31 of the Revised Code.	2616

(C)(1) Each board and each governing authority of a chartered	2617
nonpublic school shall pay to the bureau of criminal	2618
identification and investigation the fee prescribed pursuant to	2619
division (C)(3) of section 109.572 of the Revised Code for each	2620
criminal records check conducted in accordance with that section	2621
upon the request pursuant to division (A)(1) of this section of	2622
the appointing or hiring officer of the board or governing	2623
authority.	2624

(2) A board and the governing authority of a chartered	2625
nonpublic school may charge an applicant a fee for the costs it	2626
incurs in obtaining a criminal records check under this section. A	2627
fee charged under this division shall not exceed the amount of	2628
fees the board or governing authority pays under division (C)(1)	2629
of this section. If a fee is charged under this division, the	2630
board or governing authority shall notify the applicant at the	2631
time of the applicant's initial application for employment of the	2632
amount of the fee and that, unless the fee is paid, the board or	2633
governing authority will not consider the applicant for	2634
employment.	2635

(D) The report of any criminal records check conducted by the	2636
bureau of criminal identification and investigation in accordance	2637
with section 109.572 of the Revised Code and pursuant to a request	2638
under division (A)(1) of this section is not a public record for	2639
the purposes of section 149.43 of the Revised Code and shall not	2640
be made available to any person other than the applicant who is	2641
the subject of the criminal records check or the applicant's	2642
representative, the board or governing authority requesting the	2643
criminal records check or its representative, and any court,	2644
hearing officer, or other necessary individual involved in a case	2645
dealing with the denial of employment to the applicant.	2646

(E) The department of education shall adopt rules pursuant to	2647
Chapter 119. of the Revised Code to implement this section,	2648
including rules specifying circumstances under which the board or	2649
governing authority may hire a person who has been convicted of an	2650
offense listed in division (B)(1) of this section but who meets	2651
standards in regard to rehabilitation set by the department.	2652

(F) Any person required by division (A)(1) of this section to	2653
request a criminal records check shall inform each person, at the	2654
time of the person's initial application for employment, of the	2655
requirement to provide a set of fingerprint impressions and that a	2656
criminal records check is required to be conducted and	2657
satisfactorily completed in accordance with section 109.572 of the	2658
Revised Code if the person comes under final consideration for	2659
appointment or employment as a precondition to employment for the	2660
school district, educational service center, or school for that	2661
position.	2662

(G) As used in this section:

2663

(1) "Applicant" means a person who is under final	2664
consideration for appointment or employment in a position with a	2665
board of education, governing board of an educational service	2666
center, or a chartered nonpublic school as a person responsible	2667
for the care, custody, or control of a child, except that	2668
"applicant" does not include a person already employed by a board	2669
or chartered nonpublic school in a position of care, custody, or	2670
control of a child who is under consideration for a different	2671
position with such board or school.	2672

(2) "Teacher" means a person holding an educator license,	2673
internship certificate, or permit issued under section 3319.22,	2674
3319.28, or 3319.301 of the Revised Code and teachers in a	2675
chartered nonpublic school.	2676

(3) "Criminal records check" has the same meaning as in	2677
section 109.572 of the Revised Code.	2678

(4) "Minor drug possession offense" has the same meaning as	2679
in section 2925.01 of the Revised Code.	2680

(H) If the board of education of a local school district	2681
adopts a resolution requesting the assistance of the educational	2682
service center in which the local district has territory in	2683
conducting criminal records checks of substitute teachers under	2684
this section, the appointing or hiring officer of such educational	2685
service center shall serve for purposes of this section as the	2686
appointing or hiring officer of the local board in the case of	2687
hiring substitute teachers for employment in the local district.	2688

(I) The requirements of this section shall not apply to a	2689
person holding a certificate of the type described in section	2690
3319.281 of the Revised Code who applies to a school district or	2691
school for employment in an adult instruction position under which	2692
that person is not responsible for the care, custody, or control	2693
of a child.	2694

Sec. 3319.51.  (A) The state board of education shall	2695
annually establish the amount of the fees required to be paid	2696
under division (B) of section 3301.071 and, under sections	2697
3301.074, 3319.088, 3319.29, and 3319.302, and under division (A)	2698
of section 3319.303 of the Revised Code. The amount of these fees	2699
shall be such that they, along with any appropriation made to the	2700
fund established under division (B) of this section, will be	2701
sufficient to cover the annual estimated cost of administering the	2702
sections of law listed under division (B) of this section.	2703

(B) There is hereby established in the state treasury the	2704
state board of education licensure fund, which shall be used by	2705
the state board of education solely to pay the cost of	2706
administering sections 3301.071, 3301.074, 3319.088, 3319.22,	2707
3319.28, 3319.29, 3319.291, 3319.301, 3319.302, 3319.303, and	2708
3319.31 of the Revised Code. The fund shall consist of the amounts	2709
paid into the fund pursuant to division (B) of section 3301.071	2710
and, sections 3301.074, 3319.088, 3319.29, and 3319.302, and	2711
division (A) of section 3319.303 of the Revised Code and any	2712
appropriations to the fund by the general assembly.	2713

Sec. 3319.56. The department of education shall identify	2714
promising practices in Ohio and throughout the country for	2715
engaging teachers certified by the national board for professional	2716
teaching standards in ways that add value beyond their own	2717
classrooms. Practices identified by the department as promising	2718
may include placing national board certified teachers in key roles	2719
in peer review programs; having such teachers serve as coaches,	2720
mentors, and trainers for other teachers; or having such teachers	2721
develop curricula or instructional integration strategies.	2722

Once the department has identified promising practices, the	2723
department shall inform all school districts of the practices by	2724
posting such information on the department's world wide web site.	2725

Sec. 3319.57.  (A) A grant program is hereby established	2726
under which the department of education shall award grants to	2727
assist certain schools in a city, exempted village, local, or	2728
joint vocational school district in implementing one of the	2729
following innovations:	2730

(1) The use of instructional specialists to mentor and	2731
support classroom teachers;	2732

(2) The use of building managers to supervise the	2733
administrative functions of school operation so that a school	2734
principal can focus on supporting instruction, providing	2735
instructional leadership, and engaging teachers as part of the	2736
instructional leadership team;	2737

(3) The reconfiguration of school leadership structure in a	2738
manner that allows teachers to serve in leadership roles so that	2739
teachers may share the responsibility for making and implementing	2740
school decisions;	2741

(4) The adoption of new models for restructuring the school	2742
day or school year, such as including teacher planning and	2743
collaboration time as part of the school day;	2744

(5) The creation of smaller schools or smaller units within	2745
larger schools for the purpose of facilitating teacher	2746
collaboration to improve and advance the professional practice of	2747
teaching;	2748

(6) The implementation of "grow your own" recruitment	2749
strategies that are designed to assist individuals who show a	2750
commitment to education become licensed teachers, to assist	2751
experienced teachers obtain licensure in subject areas for which	2752
there is need, and to assist teachers in becoming principals;	2753

(7) The provision of better conditions for new teachers, such	2754
as reduced teaching load and reduced class size;	2755

(8) The provision of incentives to attract qualified	2756
mathematics, science, or special education teachers;	2757

(9) The development and implementation of a partnership with	2758
teacher preparation programs at colleges and universities to help	2759
attract teachers qualified to teach in shortage areas;	2760

(10) The implementation of a program to increase the cultural	2761
competency of both new and veteran teachers;	2762

(11) The implementation of a program to increase the subject	2763
matter competency of veteran teachers.	2764

(B) To qualify for a grant to implement one of the	2765
innovations described in division (A) of this section, a school	2766
must meet both of the following criteria:	2767

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

2768

(2) Use existing school district funds for the implementation	2769
of the innovation in an amount equal to the grant amount	2770
multiplied by (1 - the district's state share percentage for the	2771
fiscal year in which the grant is awarded).	2772

For purposes of division (B)(2) of this section, "state share	2773
percentage" shall be as calculated under section 3317.022 of the	2774
Revised Code, in the case of a city, local, or exempted village	2775
school district, or as calculated under section 3317.16 of the	2776
Revised Code, in the case of a joint vocational school district.	2777

(C) The amount and number of grants awarded under this	2778
section shall be determined by the department based on any	2779
appropriations made by the general assembly for grants under this	2780
section.	2781

(D) The state board of education shall adopt rules for the	2782
administration of this grant program.	2783

Sec. 3319.60.  There is hereby established the educator	2784
standards board. The board shall develop and recommend to the	2785
state board of education standards for entering and continuing in	2786
the teaching and principalship professions and standards for	2787
educator professional development.	2788

(A) The board shall consist of the following members	2789
appointed by the state board of education within sixty days of the	2790
effective date of this section:	2791

(1) Seven persons employed as teachers in a school district.	2792
Two persons appointed under this division shall be employed as	2793
teachers in a secondary school, two persons shall be employed as	2794
teachers in a middle school, two persons shall be employed as	2795
teachers in an elementary school, and one person shall be a	2796
teacher who serves on a local professional development committee	2797
pursuant to section 3319.22 of the Revised Code. At least one	2798
person appointed under this division shall hold a teaching	2799
certificate or license issued by the national board for	2800
professional teaching standards. The Ohio education association	2801
and the Ohio federation of teachers shall each submit a list of	2802
five nominees for these appointments.	2803

(2) One person employed as a teacher in a chartered,	2804
nonpublic school. Stakeholder groups selected by the state board	2805
shall submit a list of two nominees for this appointment.	2806

(3) Four persons employed as school administrators in a	2807
school district. Of the four persons appointed under this	2808
division, one person shall be employed as a secondary school	2809
principal, one person shall be employed as a middle school	2810
principal, one person shall be employed as an elementary school	2811
principal, and one person shall be employed as a school district	2812
superintendent. The state board shall solicit nominations for	2813
these appointments from the buckeye association of school	2814
administrators, the Ohio association of elementary school	2815
administrators, and the Ohio association of secondary school	2816
administrators.	2817

(4) One person who is a member of a school district board of	2818
education. The Ohio school boards association shall submit a list	2819
of two nominees for this appointment.	2820

(5) Five persons employed by institutions of higher education	2821
that offer teacher preparation programs approved under section	2822
3319.23 of the Revised Code. One person appointed under this	2823
division shall be employed in the education department of an	2824
institution of higher education that has a certificate of	2825
authorization under Chapter 1713. of the Revised Code; one person	2826
shall be employed in the education department of a state	2827
university, as defined in section 3345.011 of the Revised Code, or	2828
a university branch; one person shall be employed in the education	2829
department of a state community college, community college, or	2830
technical college; one person shall be employed in an	2831
administrative position by a state institution of higher	2832
education; and one person shall be employed in an administrative	2833
position by a private institution of higher education. The	2834
chancellor of the Ohio board of regents shall submit a list of six	2835
nominees for these appointments.	2836

(6) The superintendent of public instruction or a designee of	2837
the superintendent, the chancellor of the Ohio board of regents or	2838
a designee of the chancellor, and the chairpersons of the	2839
education committees of the senate and house of representatives	2840
shall serve as nonvoting, ex officio members.	2841

(B) Initial terms of office for nine members shall be for two	2842
years and three years for nine members, beginning on the day all	2843
members are appointed to the board. At the first meeting of the	2844
board, members shall draw lots to determine the length of the term	2845
each member shall serve. Thereafter terms of office shall be for	2846
two years. Each member shall hold office from the date of the	2847
member's appointment until the end of the term for which the	2848
member was appointed. At the first meeting, appointed members	2849
shall select a chairperson and a vice-chairperson. Vacancies on	2850
the board shall be filled in the same manner as the original	2851
appointments. Any member appointed to fill a vacancy occurring	2852
prior to the expiration of the term for which the member's	2853
predecessor was appointed shall hold office for the remainder of	2854
such term. Any member shall continue in office subsequent to the	2855
expiration date of the member's term until the member's successor	2856
takes office, or until a period of sixty days has elapsed,	2857
whichever occurs first. The terms of office of members are	2858
renewable.	2859

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

2860

Sec. 3319.61. (A) The educator standards board, in	2861
consultation with the Ohio board of regents, shall do all of the	2862
following:	2863

(1) Develop state standards for teachers and principals that	2864
reflect what teachers and principals are expected to know and be	2865
able to do at all stages of their careers. These standards shall	2866
be aligned with the statewide academic content standards for	2867
students adopted pursuant to section 3301.079 of the Revised Code,	2868
be primarily based on educator performance instead of years of	2869
experience or certain courses completed, and rely on	2870
evidence-based factors.	2871

(a) The standards for teachers shall reflect the following	2872
additional criteria:	2873

(i) Alignment with the interstate new teacher assessment and	2874
support consortium standards;	2875

(ii) Differentiation among novice, experienced, and advanced	2876
teachers;	2877

(iii) Reliance on competencies that can be measured;

2878

(iv) Reliance on content knowledge, teaching skills,	2879
discipline-specific teaching methods, and requirements for	2880
professional development;	2881

(v) Alignment with a career-long system of professional	2882
development and evaluation that ensures teachers receive the	2883
support and training needed to achieve the teaching standards as	2884
well as reliable feedback about how well they meet the standards.	2885

(b) The standards for principals shall be aligned with the	2886
interstate school leaders licensing consortium standards.	2887

(2) Develop standards for the renewal of educator licenses	2888
under section 3319.22 of the Revised Code;	2889

(3) Develop standards for educator professional development.

2890

(B) The educator standards board shall incorporate indicators	2891
of cultural competency into the standards developed under division	2892
(A) of this section. For this purpose, the educator standards	2893
board shall develop a definition of cultural competency based upon	2894
content and experiences that enable educators to know, understand,	2895
and appreciate the students, families, and communities that they	2896
serve and skills for addressing cultural diversity in ways that	2897
respond equitably and appropriately to the cultural needs of	2898
individual students.	2899

(C) In developing the standards under division (A) of this	2900
section, the educator standards board shall consider the impact of	2901
the standards on closing the achievement gap between students of	2902
different subgroups.	2903

(D) In developing the standards under division (A) of this	2904
section, the educator standards board shall ensure that teachers	2905
and principals have sufficient knowledge to provide appropriate	2906
instruction for students identified as gifted pursuant to Chapter	2907
3324. of the Revised Code and to assist in the identification of	2908
such students.	2909

(E) The standards for educator professional development	2910
developed under division (A)(3) of this section shall include	2911
standards that address the crucial link between academic	2912
achievement and mental health issues.	2913

(F) The educator standards board shall also perform the	2914
following functions:	2915

(1) Collaborate with colleges and universities that offer	2916
teacher preparation programs approved pursuant to section 3319.23	2917
of the Revised Code to align teacher and principal preparation	2918
courses with the standards developed under division (A) of this	2919
section and with student academic content standards adopted under	2920
section 3301.079 of the Revised Code. The educator standards board	2921
shall study the model developed by the college of food,	2922
agricultural, and environmental sciences and the college of	2923
education of the Ohio state university for aligning teacher	2924
preparation programs in agricultural education with recognized	2925
standards for this purpose.	2926

(2) Monitor compliance with the teacher and principal	2927
standards developed under division (A) of this section and make	2928
recommendations to the state board of education for appropriate	2929
corrective action if such standards are not met;	2930

(3) Research, develop, and recommend policies on the	2931
professions of teaching and school administration;	2932

(4) Recommend policies to close the achievement gap between	2933
students of different subgroups.	2934

(G) The educator standards board shall submit recommendations	2935
of standards developed under division (A) of this section to the	2936
state board of education within one year after the educator	2937
standards board first convenes. The state board of education shall	2938
review the recommendations of the educator standards board	2939
developed under division (A) of this section. The state board of	2940
education may adopt standards based on the recommendations, make	2941
changes to the recommendations prior to adopting the standards, or	2942
direct the educator standards board to reconsider the	2943
recommendations. The state board of education shall review any	2944
revised recommendations submitted by the educator standards board.	2945
The final responsibility to determine whether to adopt standards	2946
as described in division (A) of this section and the content of	2947
those standards, if adopted, belongs solely to the state board of	2948
education.	2949

Sec. 3319.62. The department of education shall establish the	2950
state office of educator standards within the center for the	2951
teaching profession to provide administrative services to the	2952
educator standards board. The department may employ a director for	2953
the office and such other staff as are necessary for the operation	2954
of the office. When appropriate, current employees of the	2955
department shall conduct the operation of the office.	2956

Sec. 3319.65. The state board of education shall establish a	2957
credential review board. The credential review board shall carry	2958
out any functions assigned to it by the state board with respect	2959
to assessing individuals pursuing alternative routes to educator	2960
licensure and out of state educators seeking licensure in Ohio.	2961
The credential review board may also carry out any other duties	2962
the state board considers appropriate.	2963

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

2964

(1) "Articulation agreement" means an agreement between two	2965
or more state institutions of higher education to facilitate the	2966
transfer of students and credits between such institutions.	2967

(2) "State institution of higher education" and "state	2968
university" have the same meanings as in section 3345.011 of the	2969
Revised Code.	2970

(3) "Two year college" includes a community college, state	2971
community college, technical college, and university branch.	2972

(B) Not later than April 15, 2005, the Ohio board of regents	2973
shall adopt rules establishing a statewide system for articulation	2974
agreements among state institutions of higher education for	2975
transfer students pursuing teacher education programs. The rules	2976
shall require an articulation agreement between institutions to	2977
include all of the following:	2978

(1) The development of a transfer module for teacher	2979
education that includes introductory level courses that are	2980
evaluated as appropriate by faculty employed by the state	2981
institutions of higher education that are parties to the	2982
articulation agreement;	2983

(2) A foundation of general studies courses that have been	2984
identified as part of the transfer module for teacher education	2985
and have been evaluated as appropriate for the preparation of	2986
teachers and consistent with the academic content standards	2987
adopted under section 3301.079 of the Revised Code;	2988

(3) A clear identification of university faculty who are	2989
partnered with two year college faculty;	2990

(4) The publication of the articulation agreement that is	2991
available to all students, faculty, and staff.	2992

Sec. 3333.36. The chancellor of the Ohio board of regents may	2993
allocate up to seventy thousand dollars in each fiscal year to	2994
make payments to the Columbus program in intergovernmental issues,	2995
an Ohio internship program at Kent state university, for	2996
scholarships of up to two thousand dollars for each student	2997
enrolled in the program. The chancellor may utilize any funds	2998
appropriated to the board of regents that the chancellor	2999
determines to be available for purposes of this section.	3000

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

3001

(1) "Institution of higher education" includes all of the	3002
following:	3003

(a) A state institution of higher education, as defined in	3004
section 3345.011 of the Revised Code;	3005

(b) A nonprofit institution issued a certificate of	3006
authorization by the Ohio board of regents under Chapter 1713. of	3007
the Revised Code;	3008

(c) A private institution exempt from regulation under	3009
Chapter 3332. of the Revised Code, as prescribed in section	3010
3333.046 of the Revised Code;	3011

(d) An institution of higher education with a certificate of	3012
registration from the state board of career colleges and schools	3013
under Chapter 3332. of the Revised Code.	3014

(2) "Student financial assistance supported by state funds"	3015
includes assistance granted under sections 3315.33, 3333.12,	3016
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	3017
5910.032, and 5919.34 of the Revised Code and any other	3018
post-secondary student financial assistance supported by state	3019
funds.	3020

(B) An individual who is convicted of, pleads guilty to, or	3021
is adjudicated a delinquent child for one of the following	3022
violations shall be ineligible to receive any student financial	3023
assistance supported by state funds at an institution of higher	3024
education for two calendar years from the time the individual	3025
applies for assistance of that nature:	3026

(1) A violation of section 2917.02 or 2917.03 of the Revised	3027
Code;	3028

(2) A violation of section 2917.04 of the Revised Code that	3029
is a misdemeanor of the fourth degree and occurs within the	3030
proximate area where four or more others are acting in a course of	3031
conduct in violation of section 2917.11 of the Revised Code;	3032

(3) A violation of section 2917.13 of the Revised Code that	3033
is a misdemeanor of the fourth or first degree and occurs within	3034
the proximate area where four or more others are acting in a	3035
course of conduct in violation of section 2917.11 of the Revised	3036
Code.	3037

(C) If an individual is convicted of, pleads guilty to, or is	3038
adjudicated a delinquent child for committing a violation of	3039
section 2907.022917.02 or 2907.032917.03 of the Revised Code,	3040
and if the individual is enrolled in a state-supported institution	3041
of higher education, the institution in which the individual is	3042
enrolled shall immediately dismiss the individual. No	3043
state-supported institution of higher education shall admit an	3044
individual of that nature for one academic year after the	3045
individual applies for admission to a state-supported institution	3046
of higher education. This division does not limit or affect the	3047
ability of a state-supported institution of higher education to	3048
suspend or otherwise discipline its students.	3049

Section 2. That existing sections 3301.079, 3301.0710,	3050
3301.0711, 3301.0712, 3301.0715, 3302.04, 3307.01, 3313.28,	3051
3313.53, 3313.713, 3318.031, 3319.09, 3319.11, 3319.111, 3319.22,	3052
3319.225, 3319.227, 3319.23, 3319.26, 3319.283, 3319.29, 3319.291,	3053
3319.31, 3319.311, 3319.36, 3319.39, 3319.51, and 3333.38, and	3054
existing Section 12 of Sub. H.B. 364 of the 124th General	3055
Assembly, and sections        Sec. 3301.801.  and        Sec. 3319.28.  of the Revised Code	3056
are hereby repealed.	3057

Section 3. The Legislative Office of Education Oversight	3058
shall conduct a study of minimum starting salaries for teachers	3059
with bachelor degrees. The Office shall, in consultation with	3060
Ohio's education stakeholders, identify a select number of states	3061
that are demographically and economically similar to Ohio,	3062
including states that because of geographic proximity compete with	3063
Ohio for new teachers. For the state of Ohio and each of the	3064
selected states, the Office shall determine the minimum	3065
compensation levels for beginning teachers, calculate the average	3066
compensation for beginning teachers, and project, based on recent	3067
history and current economic conditions, the average compensation	3068
for beginning teachers in the 2007-2008 academic year. The Office	3069
shall also compare the selected states to Ohio.	3070

The Office shall submit the final results of this study to	3071
the Governor and members of the General Assembly not later than	3072
September 30, 2004.	3073

Section 4. As used in this section, "career ladder program"	3074
means a performance-based multilevel system of teaching positions	3075
or compensation levels within a school district or district	3076
building.	3077

The Educator Standards Board established by this act and the	3078
Department of Education jointly shall develop a proposal for a	3079
career ladder program. The Educator Standards Board and the	3080
Department also shall determine the estimated cost of implementing	3081
the proposal and how the Department would reallocate its resources	3082
to cover the costs of implementation. Within eighteen months after	3083
the Educator Standards Board convenes for its initial meeting, the	3084
Board and the Department shall make a report to the General	3085
Assembly describing their proposal for a career ladder program,	3086
including estimated costs for implementation and the manner in	3087
which the Department would pay for those costs.	3088

Section 5. The Department of Education and the Ohio Board of	3089
Regents shall develop a proposal for a pilot program between a	3090
school district and a college or university that is approved to	3091
offer teacher preparation programs pursuant to section 3319.23 of	3092
the Revised Code. The pilot program shall encourage the college or	3093
university's faculty to spend more time in the school district's	3094
buildings and classrooms and engage in other clinical experiences.	3095
In addition, participation in the pilot program shall require a	3096
college or university to provide incentives for faculty to share	3097
what they have learned from the pilot program with their	3098
colleagues through publications and other learning experiences.	3099

The Department of Education shall study, using an appropriate	3100
research method, the effectiveness of the pilot program, if	3101
implemented, and shall report its findings to the General Assembly	3102
within one year after the program is implemented.	3103

Section 6. The Educator Standards Board established by this	3104
act shall work with the Ohio Teacher Education and Licensure	3105
Advisory Commission to transition the duties formerly performed by	3106
the Commission to the Educator Standards Board.	3107

Section 7. Within ninety days of the effective date of this	3108
section, the Ohio Department of Education shall develop a	3109
definition of a "hard to staff" school. In defining this term, the	3110
Department shall examine whether a school:	3111

(A) Has difficulty recruiting and retaining high quality	3112
school personnel, as determined by the Department;	3113

(B) Has a high number of teachers who are teaching	3114
out-of-field, as determined by the Department;	3115

(C) Has high student poverty, as determined by the	3116
Department;	3117

(D) Has a high number of students who do not attain at least	3118
a proficient score on the tests prescribed in section 3301.0710 or	3119
3301.0712 of the Revised Code;	3120

(E) Has a significant achievement gap among various groups of	3121
students.	3122

In addition, the Department shall consider definitions and	3123
models used by other states.	3124

The Department shall identify schools that meet the	3125
definition developed under this section and shall publish the list	3126
of those schools on the Department's web site.	3127

Section 8. At such time as sufficient funding is available,	3128
the Department of Education shall develop a pilot project in not	3129
fewer than two school districts selected by the Department, each	3130
of which contain a "hard to staff" school as that term is defined	3131
by the Department. One of the selected districts shall be an urban	3132
school district and one shall be a rural school district.	3133

The Department shall study, using an appropriate research	3134
method, the effectiveness of the pilot project and shall report	3135
its findings to the General Assembly within one year after the	3136
pilot project is implemented.	3137

The selected districts shall use any funds allocated under	3138
the pilot project for one or more of the following purposes:	3139

(A) The use of instructional specialists to mentor and	3140
support classroom teachers;	3141

(B) The use of building managers to supervise the	3142
administrative functions of school operation so that a school	3143
principal can focus on supporting instruction, providing	3144
instructional leadership, and engaging teachers as part of the	3145
instructional leadership team;	3146

(C) The reconfiguration of school leadership structure in a	3147
manner that allows teachers to serve in leadership roles so that	3148
teachers may share the responsibility for making and implementing	3149
school decisions;	3150

(D) The adoption of new models for restructuring the school	3151
day or school year, such as including teacher planning and	3152
collaboration time as part of the school day;	3153

(E) The creation of smaller schools or smaller units within	3154
larger schools for the purpose of facilitating teacher	3155
collaboration to improve and advance the professional practice of	3156
teaching;	3157

(F) The implementation of "grow your own" recruitment	3158
strategies that are designed to assist individuals who show a	3159
commitment to education become licensed teachers, to assist	3160
experienced teachers obtain licensure in subject areas for which	3161
there is need, and to assist teachers in becoming principals;	3162

(G) The provision of better conditions for new teachers, such	3163
as reduced teaching load and reduced class size;	3164

(H) The provision of incentives to attract qualified	3165
mathematics, science, or special education teachers;	3166

(I) The development and implementation of a partnership with	3167
teacher preparation programs at colleges and universities to help	3168
attract teachers qualified to teach in shortage areas;	3169

(J) The implementation of a program to increase the cultural	3170
competency of both new and veteran teachers;	3171

(K) The implementation of a program to increase the subject	3172
matter competency of veteran teachers.	3173

Section 9. Notwithstanding section 3301.0711 of the Revised	3174
Code, as amended by this act, the requirement that the Department	3175
of Education send scores from the proficiency and achievement	3176
tests administered in May to each school district board not later	3177
than the fifteenth day of June shall first apply in the 2004-2005	3178
school year.	3179

Section 10. Upon the effective date of this section, the	3180
State Board of Education shall forthwith begin procedures for the	3181
adoption of a rule that complies with section 3319.303 of the	3182
Revised Code, as enacted by this act, so that the rule is	3183
effective at the earliest possible date provided for by law.	3184

Section 11. Representatives from the College of Food,	3185
Agricultural, and Environmental Sciences and the College of	3186
Education of The Ohio State University shall make a presentation	3187
to the Educator Standards Board established by this act. The	3188
presentation shall familiarize the Educator Standards Board with	3189
the model developed by the College of Food, Agricultural, and	3190
Environmental Sciences and the College of Education for aligning	3191
teacher preparation programs in agricultural education with	3192
recognized standards and instruct the Board about how to apply	3193
that model to aligning teacher preparation programs in Ohio with	3194
standards developed by the Board pursuant to section 3319.61 of	3195
the Revised Code, as enacted by this act.	3196

Section 12. That Sections 11, 12, 13, and 14 of Am. Sub. H.B.	3197
3 of the 125th General Assembly be amended to read as follows:	3198

Sec. 11. The Legislative Office of Education Oversight shall	3199
conduct a study that evaluates the correlation between students'	3200
race and class and academic achievement, particularly. To the	3201
extent possible, the Office shall use existing data on district	3202
wealth to make a variety of comparisons, including comparing the	3203
academic achievement of low-income, African-American and Hispanic	3204
students with that of middle-class, white students. In conducting	3205
the study, the Office shall use at least five years of data	3206
collected and maintained by the Ohio Department of Education. The	3207
study shall focus on the academic achievement of students in the	3208
fourth, sixth, and ninth grades. The Office shall submit the final	3209
results of the study to the General Assembly not later than	3210
September 30, 2004.	3211

Sec. 12. The Legislative Office of Education Oversight shall	3212
conduct a study of the intervention services required to be	3213
provided by school districts under sections 3301.0711, 3313.608,	3214
and 3313.6012 of the Revised Code. If any diagnostic assessment is	3215
administered by school districts in accordance with section	3216
3301.0715 of the Revised Code in the school year beginning July 1,	3217
2003, the Office also shall include the intervention services	3218
required by that section in the study. In conducting the study,	3219
the Office shall examine each of the following issues:	3220

(A) The types of intervention services that districts are	3221
currently providing to students;	3222

(B) The manner in which the Department of Education informs	3223
districts of their obligation to provide intervention services and	3224
assists the districts in developing appropriate intervention	3225
strategies;	3226

(C) The manner in which the Department tracks compliance by	3227
school districts with requirements to provide intervention	3228
services;	3229

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

3230

(E) Whether there are any intervention services that	3231
districts are not providing due to insufficient funding.	3232

The Office shall issue a written report of its findings to	3233
the General Assembly not later than DecemberMarch 31, 20042005.	3234

Sec. 13. The Legislative Office of Education Oversight shall	3235
conduct a study of the performance of students in the Class of	3236
2007 on the Ohio Graduation Tests prescribed by division (B) of	3237
section 3301.0710 of the Revised Code to determine how well	3238
students meet the statewide academic standards developed pursuant	3239
to section 3301.079 of the Revised Code. The study shall include	3240
all students who enter the ninth grade in the school year	3241
beginning July 1, 2003; the Office shall not exclude from any	3242
analysis students who leave school prior to graduation. In	3243
conducting the study, the Office shall determine the number of	3244
such students who attain a score at the proficient level on all	3245
five of the Ohio Graduation Tests by June 30, 2007. To the extent	3246
possible, the Office also shall determine the number of such	3247
students who satisfy the alternative conditions described in	3248
section 3313.615 of the Revised Code for meeting the testing	3249
requirement to be eligible for a diploma. The Office shall issue	3250
annual written reports in June 2006 and June 2007 to the General	3251
Assembly, and shall issue a final, comprehensive written report of	3252
its findings to the General Assembly not later than December 31,	3253
2007June 30, 2008.	3254

Sec. 14. The Legislative Office of Education Oversight shall	3255
conduct a study that reviews the progress of school districts and	3256
the Department of Education in hiring highly qualified teachers in	3257
the core subject areas of English, reading, language arts,	3258
mathematics, science, foreign language, civics and government,	3259
economics, arts, history, and geography, as required by Title I of	3260
the "No Child Left Behind Act," Pub. L. No. 107-110. The study	3261
shall evaluate, over a five-year period, all of the following:	3262

(A) The progress of individual school districts in complying	3263
with the highly qualified teacher requirement;	3264

(B) Whether the definition of "highly qualified teacher"	3265
adopted by the State Board of Education complies with the "No	3266
Child Left Behind Act";	3267

(C) The efforts of the Department of Education in assisting	3268
school districts to comply with the "No Child Left Behind Act's"	3269
requirement, and in monitoring the progress of school districts in	3270
ensuring highly qualified teachers are employed in core subject	3271
areas.	3272

The Office shall submit three interim reports of its findings	3273
to the General Assembly. The first interim report, due September	3274
30, 2005, shall evaluate compliance with the highly qualified	3275
teacher requirement in the 2002-2003 and 2003-2004 school years,	3276
the. The second interim report, due September 30, 2006, shall	3277
evaluate compliance with the requirement in the 2004-2005 school	3278
year, and the. The third interim report, due September 30, 2007,	3279
shall evaluate compliance with the requirement in the 2005-2006	3280
school year. A final report shall be submitted to the General	3281
Assembly, not later than September 30, 2008, that evaluates	3282
compliance in the 2006-2007 school year and the prior four school	3283
years.	3284

Section 13. That existing Sections 11, 12, 13, and 14 of Am.	3285
Sub. H.B. 3 of the 125th General Assembly are hereby repealed.	3286

Section 14. That Sections 41.03, 41.05, 41.10, 41.19, 41.33,	3287
146, and 152 of Am. Sub. H.B. 95 of the 125th General Assembly be	3288
amended to read as follows:	3289

Sec. 41.03. PROFESSIONAL DEVELOPMENT

3290

The foregoing appropriation item 200-410, Professional	3291
Development, shall be used to fund professional development	3292
programs in Ohio. The Ohio Department of Education shall, where	3293
possible, incorporate cultural competency as a component of	3294
professional development and actively promote the development of	3295
cultural competency in the operation of its professional	3296
development programs. As used in this section, "cultural	3297
competency" has the meaning specified by the Educator Standards	3298
Board under section 3319.61 of the Revised Code.	3299

Of the foregoing appropriation item 200-410, Professional	3300
Development, $5,200,000 in fiscal year 2004 shall be used by the	3301
Department of Education to support a statewide comprehensive	3302
system of regional professional development centers that support	3303
local educators' ability to foster academic achievement in the	3304
students they serve. Of the foregoing appropriation item 200-410,	3305
Professional Development, $5,200,000 in fiscal year 2005 shall be	3306
used by the regional education delivery system. Before releasing	3307
these funds in fiscal year 2005, the Department of Education shall	3308
submit a spending plan to the Controlling Board. The release of	3309
the funds is contingent on Controlling Board approval of the	3310
spending plan. Both the regional professional development centers	3311
in fiscal year 2004 and the regional education delivery system in	3312
fiscal year 2005 shall include training that assists educators,	3313
school leadership, and technical assistance providers in	3314
understanding and implementing standards-based education, data	3315
analysis, and development of assessment systems for quality	3316
instruction.	3317

Of the foregoing appropriation item 200-410, Professional	3318
Development, $7,079,625 in fiscal year 2004 and $7,329,625 in	3319
fiscal year 2005 shall be used by the Department of Education to	3320
provide grants to pay $2,000 of the application fee in order to	3321
assist teachers from public and chartered nonpublic schools	3322
applying for the first time to the National Board for Professional	3323
Teaching Standards for professional teaching certificates or	3324
licenses that the board offers. This set aside shall also be used	3325
to recognize and reward teachers who become certified by the	3326
National Board for Professional Teaching Standards pursuant to	3327
section 3319.55 of the Revised Code. Up to $300,000 in each fiscal	3328
year of this set aside may be used by the Department to pay for	3329
costs associated with activities to support candidates through the	3330
application and certification process.	3331

These moneys shall be used to pay up to the first 500	3332
applications in fiscal year 2004 and the first 400 applications in	3333
fiscal year 2005 received by the Department.	3334

Of the foregoing appropriation item 200-410, Professional	3335
Development, up to $10,442,358 in each fiscal year shall be	3336
allocated for entry year programs. These funds shall be used to	3337
support mentoring services and performance assessments of	3338
beginning teachers in school districts and chartered nonpublic	3339
schools.	3340

Of the foregoing appropriation item 200-410, Professional	3341
Development, up to $188,090 in each fiscal year shall be used to	3342
provide technical assistance and grants for districts to develop	3343
local knowledge/skills-based compensation systems. Each district	3344
receiving grants shall issue an annual report to the Department of	3345
Education detailing the use of the funds and the impact of the	3346
system developed by the district.	3347

Of the foregoing appropriation item 200-410, Professional	3348
Development, up to $670,000 in each fiscal year shall be used for	3349
training and professional development of school administrators,	3350
school treasurers, and school business officials.	3351

Of the foregoing appropriation item 200-410, Professional	3352
Development, $144,000 in each fiscal year shall be used by the	3353
Department of Education to develop a supply and demand report that	3354
describes the availability of quality educators and critical	3355
educator shortage areas in Ohio.	3356

Of the foregoing appropriation item 200-410, Professional	3357
Development, $1,056,000 in each fiscal year shall be used for	3358
educator recruitment programs targeting special need areas,	3359
including recruiting highly qualified minority candidates into	3360
teaching, recruiting prospective mathematics and science teachers,	3361
and targeting other areas of special need.	3362

Of the foregoing appropriation item 200-410, Professional	3363
Development, $60,000 in fiscal year 2004 and $70,000 in fiscal	3364
year 2005 shall be used to support the Ohio University Leadership	3365
Program.	3366

Of the foregoing appropriation item 200-410, Professional	3367
Development, $4,650,000 in each fiscal year 2004 shall be	3368
allocated by the Department of Education on a per pupil basis, to	3369
school districts in academic emergency at any time in 2003, and	3370
$4,650,000 in fiscal year 2005 shall be allocated by the	3371
Department of Education, on a per pupil basis, to school districts	3372
with a three-year average graduation rate of not more than	3373
seventy-five per cent. As used in this section, "three-year	3374
average" and "graduation rate" have the meanings specified in	3375
section 3302.01 of the Revised Code. These funds shall be used by	3376
the districts to provide an equivalent of five days of ongoing	3377
embedded professional development for classroom teachers who	3378
provide instruction in the subject areas of reading, writing,	3379
mathematics, science, or social studies to students enrolled in	3380
the ninth or tenth grade. This professional development shall	3381
focus on developing subject competency, developing cultural	3382
competency, developing skills for analyzing test data, and	3383
developing data-based intervention strategies to prepare students	3384
below grade level to pass the Ohio Graduation Test. Districts	3385
shall submit a research-based, professional development plan for	3386
five days of embedded professional development to the Department	3387
of Education prior to receiving funds. The plan shall detail how	3388
ninth and tenth grade teachers will learn and implement classroom	3389
strategies for students to reach state standards in mathematics,	3390
reading, writing, social studies, and science.	3391

Sec. 41.05. SCHOOL IMPROVEMENT INITIATIVES

3392

Of the foregoing appropriation item 200-431, School	3393
Improvement Initiatives, $10,505,625 in each fiscal year shall be	3394
used to provide technical assistance to school districts that are	3395
declared to be in a state of academic watch or academic emergency	3396
under section 3302.03 of the Revised Code to provide support to	3397
districts in the development and implementation of their	3398
continuous improvement plans as required in section 3302.04 of the	3399
Revised Code and to provide technical assistance and support in	3400
accordance with Title I of the "No Child Left Behind Act of 2001,"	3401
115 Stat. 1425, 20 U.S.C. 6317.	3402

Of the foregoing appropriation item 200-431, School	3403
Improvement Initiatives, up to $350,000 in each fiscal year shall	3404
be used to reduce the dropout rate by addressing the academic and	3405
social problems of inner-city students through Project GRAD.	3406

Of the foregoing appropriation item 200-431, School	3407
Improvement Initiatives, $50,000 in each fiscal year shall be used	3408
to support LEAF.	3409

READING/WRITING/MATH IMPROVEMENT

3410

Of the foregoing appropriation item 200-433,	3411
Reading/Writing/Math Improvement, up to $12,675,000 in each fiscal	3412
year shall be used for professional development in literacy for	3413
classroom teachers, administrators, and literacy specialists, and	3414
to provide intensive summer training for mathematics teachers.	3415

Of the foregoing appropriation item 200-433,	3416
Reading/Writing/Math Improvement, $250,000 in each fiscal year	3417
shall be used to continue the Waterford Early Reading Program.	3418

Of the foregoing appropriation item 200-433,	3419
Reading/Writing/Math Improvement, up to $1,000,000 in each fiscal	3420
year shall be used by the Department of Education to fund the	3421
Reading Recovery Training Network, to cover the cost of release	3422
time for the teacher trainers, and to provide grants to districts	3423
to implement other reading improvement programs on a pilot basis.	3424
Funds from this appropriation item also may be used to conduct	3425
evaluations of the impact and effectiveness of Reading Recovery	3426
and other reading improvement programs.	3427

The remainder of appropriation item 200-433,	3428
Reading/Writing/Math Improvement, shall be used to support	3429
standards-based classroom reading and writing instruction and	3430
reading intervention and the design/development of standards-based	3431
literacy curriculum materials; to support literacy professional	3432
development partnerships between the Department of Education,	3433
higher education institutions, the literacy specialists project,	3434
the Ohio principals' literacy network, regional literacy teams,	3435
literacy networks, and school districts.	3436

STUDENT ASSESSMENT

3437

Of the foregoing appropriation item 200-437, Student	3438
Assessment, $500,000 in fiscal year 2004 and $100,000 in fiscal	3439
year 2005 shall be used by the Department of Education to train	3440
school district personnel to score the practice version of the	3441
Ohio Graduation Test to be taken by students enrolled in the ninth	3442
grade in school districts that are in academic watch or academic	3443
emergency or that have a three-year average graduation rate of not	3444
more than seventy-five per cent pursuant to sections 3301.0710 and	3445
3301.0711 of the Revised Code. As used in this section,	3446
"three-year average" and "graduation rate" have the same meanings	3447
as in section 3302.01 of the Revised Code.	3448

The remainder of appropriation item 200-437, Student	3449
Assessment, shall be used to develop, field test, print,	3450
distribute, score, report results, and support other associated	3451
costs for the tests required under sections 3301.0710 and	3452
3301.0711 of the Revised Code and for similar purposes as required	3453
by section 3301.27 of the Revised Code.	3454

ACCOUNTABILITY/REPORT CARDS

3455

The foregoing appropriation item 200-439,	3456
Accountability/Report Cards, shall be used for the development of	3457
an accountability system that includes the preparation and	3458
distribution of school report cards pursuant to section 3302.03 of	3459
the Revised Code.	3460

AMERICAN SIGN LANGUAGE

3461

Of the foregoing appropriation item 200-441, American Sign	3462
Language, up to $136,943 in each fiscal year shall be used to	3463
implement pilot projects for the integration of American Sign	3464
Language deaf language into the kindergarten through twelfth-grade	3465
curriculum.	3466

The remainder of the appropriation shall be used by the	3467
Department of Education to provide supervision and consultation to	3468
school districts in dealing with parents of children who are deaf	3469
or hard of hearing, in integrating American Sign Language as a	3470
foreign language, and in obtaining interpreters and improving	3471
their skills.	3472

CHILD CARE LICENSING

3473

The foregoing appropriation item 200-442, Child Care	3474
Licensing, shall be used by the Department of Education to license	3475
and to inspect preschool and school-age child care programs in	3476
accordance with sections 3301.52 to 3301.59 of the Revised Code.	3477

OHIOREADS ADMIN/VOLUNTEER SUPPORT

3478

The foregoing appropriation item 200-445, OhioReads	3479
Admin/Volunteer Support, may be allocated by the OhioReads Office	3480
in the Department of Education at the direction of the OhioReads	3481
Council for volunteer coordinators in public school buildings, to	3482
educational service centers for costs associated with volunteer	3483
coordination, for background checks for volunteers, to evaluate	3484
the OhioReads Program, and for operating expenses associated with	3485
administering the program.	3486

Sec. 41.10.  ADULT LITERACY EDUCATION

3487

The foregoing appropriation item 200-509, Adult Literacy	3488
Education, shall be used to support adult basic and literacy	3489
education instructional programs and the State Literacy Resource	3490
Center Program.	3491

Of the foregoing appropriation item 200-509, Adult Literacy	3492
Education, up to $519,188 in each fiscal year shall be used for	3493
the support and operation of the State Literacy Resource Center.	3494

Of the foregoing appropriation item 200-509, Adult Literacy	3495
Education, $146,250 in each fiscal year shall be used to support	3496
initiatives for English as a second language programs in	3497
combination with citizenship. Funding shall be provided to	3498
organizations that received such funds during fiscal year 2003	3499
from appropriation item 200-570, School Improvement Incentive	3500
Grants.	3501

The remainder of the appropriation shall be used to continue	3502
to satisfy the state match and maintenance of effort requirements	3503
for the support and operation of the Department of	3504
Education-administered instructional grant program for adult basic	3505
and literacy education in accordance with the department's state	3506
plan for adult basic and literacy education as approved by the	3507
State Board of Education and the Secretary of the United States	3508
Department of Education.	3509

AUXILIARY SERVICES

3510

The foregoing appropriation item 200-511, Auxiliary Services,	3511
shall be used by the Department of Education for the purpose of	3512
implementing section 3317.06 of the Revised Code. Of the	3513
appropriation, up to $1,462,500 in each fiscal year may be used	3514
for payment of the Post-Secondary Enrollment Options Program for	3515
nonpublic students pursuant to section 3365.10 of the Revised	3516
Code.	3517

STUDENT INTERVENTION SERVICES

3518

Of the foregoing appropriation item 200-513, Student	3519
Intervention Services, $3,700,000 in fiscal year 2004 and	3520
$5,900,000 in fiscal year 2005 shall be allocated by the	3521
Department of Education, on a per pupil basis, to school districts	3522
in academic emergency at any time in 2003, and $5,900,000 in	3523
fiscal year 2005 shall be allocated by the Department of	3524
Education, on a per pupil basis, to school districts with a	3525
three-year average graduation rate of not more than seventy-five	3526
per cent. As used in this section, "three-year average" and	3527
"graduation rate" have the meanings specified in section 3302.01	3528
of the Revised Code. Districts shall use these funds for salaries,	3529
materials, and training to provide after-school, in-school,	3530
Saturday school, summer school, or other related intervention	3531
programs to students as specified in division (D)(2) of section	3532
3301.0711 of the Revised Code. In fiscal year 2004 these programs	3533
shall be provided to students enrolled in the ninth grade. In	3534
fiscal year 2005, these programs shall be provided to students	3535
enrolled in the ninth and tenth grades. At the end of each fiscal	3536
year, the school districts receiving these funds shall report to	3537
the Department of Education the number of students who were	3538
offered intervention, the number of students who participated, and	3539
the number of students who completed the intervention program, and	3540
shall provide an evaluation of the impact of the intervention on	3541
students.	3542

Of the foregoing appropriation item 200-513, Student	3543
Intervention Services, $150,000 in each fiscal year shall be used	3544
for Read Baby Read.	3545

The remainder of appropriation item 200-513, Student	3546
Intervention Services, shall be used to assist districts providing	3547
the intervention services specified in section 3313.608 of the	3548
Revised Code. The Department of Education shall establish	3549
guidelines for the use and distribution of these moneys. School	3550
districts receiving funds from this appropriation shall report to	3551
the Department of Education on how funds were used.	3552

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

3553

Of the foregoing appropriation item 200-514, Postsecondary	3554
Adult Career-Technical Education, $40,000 in each fiscal year	3555
shall be used for the statewide coordination of the activities of	3556
the Ohio Young Farmers.	3557

The remainder of appropriation item 200-514, Postsecondary	3558
Adult Career-Technical Education, shall be used by the State Board	3559
of Education to provide postsecondary adult career-technical	3560
education under sections 3313.52 and 3313.53 of the Revised Code.	3561

DISADVANTAGED PUPIL IMPACT AID

3562

The Department of Education shall pay Disadvantaged Pupil	3563
Impact Aid (DPIA) in fiscal years 2004 and 2005 in accordance with	3564
section 3317.029 of the Revised Code to each school district that	3565
did not receive any DPIA allocation in fiscal year 2003 because	3566
its DPIA index in that fiscal year was less than 0.35 and it did	3567
not qualify for a DPIA guarantee payment. However, the Department	3568
shall calculate each such district's DPIA index and DPIA student	3569
count in each fiscal year based solely on Ohio Works First data	3570
certified for the district by the Department of Job and Family	3571
Services. Each district receiving payment under this paragraph	3572
shall comply with all expenditure guidelines and restrictions of	3573
section 3317.029 of the Revised Code.	3574

Notwithstanding the distribution formula outlined in section	3575
3317.029 of the Revised Code, each school district that received a	3576
DPIA allocation in fiscal year 2003 shall receive an additional	3577
two per cent in Disadvantaged Pupil Impact Aid (DPIA)DPIA funding	3578
in fiscal year 2004 over what was received in fiscal year 2003	3579
unless the district receivesreceived DPIA funding from the DPIA	3580
guarantee provision pursuant to division (B) of section 3317.029	3581
of the Revised Code in fiscal year 2003. For such a district, its	3582
DPIA funding in fiscal year 2004 shall equal the amount of DPIA	3583
funding the district received in fiscal year 2003.	3584

Notwithstanding the distribution formula outlined in section	3585
3317.029 of the Revised Code, each school district that received a	3586
DPIA allocation in fiscal year 2003 shall receive an additional	3587
two per cent in DPIA funding in fiscal year 2005 over what was	3588
received in fiscal year 2004 unless the district receivesreceived	3589
DPIA funding from the DPIA guarantee provision pursuant to	3590
division (B) of section 3317.029 of the Revised Code in fiscal	3591
year 2003. For such a district, its DPIA funding in fiscal year	3592
2005 shall equal the amount of DPIA funding the district received	3593
in fiscal year 2004.	3594

School districts whose DPIA allocations are calculated under	3595
the preceding two paragraphs must continue to comply with all	3596
expenditure guidelines and restrictions outlined in divisions (F),	3597
(G), (I), and (K) of section 3317.029 of the Revised Code by	3598
assuming a two per cent increase in funds for each program	3599
outlined in divisions (C), (D), and (E) of section 3317.029 of the	3600
Revised Code and by assuming a DPIA index equivalent to the index	3601
calculated in fiscal year 2003.	3602

The Department of Education shall pay all-day, everyday	3603
kindergarten funding to all school districts in each fiscal year	3604
that qualified for and provided the service in fiscal year 2003	3605
pursuant to section 3317.029 of the Revised Code. School districts	3606
and community schools that did not have a DPIA allocation in	3607
fiscal year 2003 shall not receive an allocation in fiscal year	3608
2004 or fiscal year 2005.	3609

Of the foregoing appropriation item 200-520, Disadvantaged	3610
Pupil Impact Aid, up to $3,800,000 in each fiscal year shall be	3611
used for school breakfast programs. Of this amount, up to	3612
$1,000,000 shall be used in each fiscal year by the Department of	3613
Education for the purpose of increasing participation in child	3614
nutrition programs, particularly school breakfast and summer	3615
meals. The Department shall collaborate with the Children's Hunger	3616
Alliance in the outreach effort. The remainder of the	3617
appropriation shall be used to partially reimburse school	3618
buildings within school districts that are required to have a	3619
school breakfast program pursuant to section 3313.813 of the	3620
Revised Code, at a rate decided by the Department.	3621

Of the foregoing appropriation item 200-520, Disadvantaged	3622
Pupil Impact Aid, $4,500,000 in fiscal year 2004 and $6,000,000 in	3623
fiscal year 2005 shall be used to operate the school choice	3624
program in the Cleveland Municipal School District pursuant to	3625
sections 3313.974 to 3313.979 of the Revised Code.	3626

Of the portion of the funds distributed to the Cleveland	3627
Municipal School District under this section, up to $11,901,887 in	3628
each fiscal year shall be used to operate the school choice	3629
program in the Cleveland Municipal School District pursuant to	3630
sections 3313.974 to 3313.979 of the Revised Code.	3631

Sec. 41.19. HEAD START PLUS/HEAD START

3632

There is hereby established the Title IV-A Head Start Program	3633
to be administered by the Department of Education in accordance	3634
with an interagency agreement entered into with the Department of	3635
Job and Family Services under division (A)(2) of section 5101.801	3636
of the Revised Code. The program shall provide benefits and	3637
services to TANF eligible individuals pursuant to the requirements	3638
of section 5101.801 of the Revised Code. Upon approval by the	3639
Department of Job and Family Services, the Department of Education	3640
shall adopt policies and procedures establishing program	3641
requirements for eligibility, services, fiscal accountability, and	3642
other criteria necessary to comply with the provisions of Title	3643
IV-A of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	3644
301, as amended.	3645

The foregoing appropriation item 200-663, Head Start	3646
Plus/Head Start, shall be used to reimburse Title IV-A Head Start	3647
Plus and Title IV-A Head Start programs for services to children.	3648
The Department of Education shall administer the Title IV-A Head	3649
Start Plus and Title IV-A Head Start programs in accordance with	3650
an interagency agreement between the Departments of Education and	3651
Job and Family Services. Title IV-A Head Start Plus and Title IV-A	3652
Head Start providers shall meet all requirements as outlined in	3653
section 3301.311 of the Revised Code. The Department of Education	3654
shall adopt policies and procedures to establish a procedure for	3655
approving Title IV-A Head Start Plus and Title IV-A Head Start	3656
agencies.	3657

Of the foregoing appropriation item 200-663, Head Start	3658
Plus/Head Start, up to $57,170,000 in fiscal year 2004 shall be	3659
used to support the Title IV-A Head Start program. Up to two	3660
percent of this amount may be used by the Department of Education	3661
to provide associated program support and technical assistance.	3662

Of the foregoing appropriation item 200-663, Head Start	3663
Plus/Head Start, up to $83,457,126$86,600,000 in fiscal year 2005	3664
shall be used to support the Title IV-A Head Start Plus	3665
initiative. Title IV-A Head Start Plus shall provide up to 10,000	3666
slots of full-day, full-year programming for children at least	3667
three years of age and not kindergarten age eligible. The program	3668
shall meet the child care needs of low-income families who meet	3669
eligibility requirements established in rules and administrative	3670
orders adopted by the Ohio Department of Job and Family Services	3671
and provide early education and comprehensive services as provided	3672
through the Head Start program before the enactment of this act.	3673

Of the foregoing appropriation item 200-663, Head Start	3674
Plus/Head Start, up to $22,763,177$19,584,000 in fiscal year 2005	3675
shall be used to support the Title IV-A Head Start program. This	3676
funding shall be used to support up to 4,000 slots of traditional	3677
half-day center-based, home-based, combination, or	3678
locally-designed option, Title IV-A Head Start services.	3679

Of the foregoing appropriation line item 200-663, Head Start	3680
Plus/Head Start, up to $1,963,697$2,000,000 in fiscal year 2005	3681
may be used by the Department of Education to provide associated	3682
program support and technical assistance.	3683

For purposes of this section, "eligible child" means a child	3684
who is at least three years of age, has not entered kindergarten,	3685
and is not of compulsory school age whose family earns not more	3686
than 100 per centpercent of the federal poverty level, except as	3687
otherwise provided in the following paragraph.	3688

The Department of Education, in consultation with Title IV-A	3689
Head Start agencies and, beginning in July 1, 2004, Title IV-A	3690
Head Start Plus agencies, shall establish criteria under which	3691
these agencies may apply to the Department for a waiver to include	3692
as "eligible children" those children from families earning up to	3693
the level of eligibility established for child care subsidy by the	3694
Department of Job and Family Services who otherwise qualify as	3695
"eligible children" under the preceding paragraph.	3696

In fiscal year 2004, in order to serve children whose	3697
families receive child care subsidy and whose incomes do not	3698
exceed the income eligibility requirement for child care subsidy,	3699
Title IV-A Head Start agencies may enroll children whose families	3700
receive this child care subsidy from the Ohio Department of Job	3701
and Family Services, if they partner with child care centers or	3702
family day-care homes, where appropriate. This provision is to	3703
meet the child care needs of low-income families who are working,	3704
in training or education programs, or participating in Ohio Works	3705
First approved activities.	3706

The Department of Education shall conduct a head count of the	3707
number of children served by Head Start agencies under this	3708
program in December 2003 and in December 2004. Any funding	3709
appropriated to this program in fiscal year 2005, which the	3710
Department of Education projects is not necessary to provide	3711
services to children enrolled as of the head count taken in	3712
December 2004 shall be returned to the Department of Job and	3713
Family Services for use as child care assistance.	3714

The Department of Education shall provide an annual report to	3715
the Governor, the Speaker of the House of Representatives, the	3716
President of the Senate, the State Board of Education, Title IV-A	3717
Head Start Plus and Title IV-A Head Start providers, and other	3718
interested parties regarding the Title IV-A Head Start Plus and	3719
Title IV-A Head Start program and performance indicators as	3720
outlined by the Department of Education.	3721

AUXILIARY SERVICES REIMBURSEMENT

3722

Notwithstanding section 3317.064 of the Revised Code, if the	3723
unobligated cash balance is sufficient, the Treasurer of State	3724
shall transfer $1,500,000 in fiscal year 2004 within thirty days	3725
after the effective date of this sectionJune 26, 2003, and	3726
$1,500,000 in fiscal year 2005 by August 1, 2004, from the	3727
Auxiliary Services Personnel Unemployment Compensation Fund to the	3728
Department of Education's Auxiliary Services Reimbursement Fund	3729
(Fund 598).	3730

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

3731

(1) "Entitled to attend school" means entitled to attend	3732
school in a school district under section 3313.64 and 3313.65 of	3733
the Revised Code.	3734

(2) "Formula ADM" and "category six special education ADM"	3735
have the same meanings as in section 3317.02 of the Revised Code.	3736

(3) "Individualized education program" has the same meaning	3737
as in section 3323.01 of the Revised Code.	3738

(4) "Parent" has the same meaning as in section 3313.64 of	3739
the Revised Code.	3740

(5) "Qualified special education child" is a child for whom	3741
all of the following conditions apply:	3742

(a) The school district in which the child is entitled to	3743
attend school has identified the child as autistic;	3744

(b) The school district in which the child is entitled to	3745
attend school has developed an individualized education program	3746
under Chapter 3323. of the Revised Code for the child;	3747

(c) The child either:

3748

(i) Was enrolled in the school district in which the child is	3749
entitled to attend school in any grade from preschool through	3750
twelve in the school year prior to the year in which a scholarship	3751
under this section is first sought for the child;	3752

(ii) Is eligible to enter school in any grade preschool	3753
through twelve in the school district in which the child is	3754
entitled to attend school in the school year in which a	3755
scholarship under this section is first sought for the child.	3756

(6) "Registered private provider" means a nonpublic school or	3757
other nonpublic entity that has been approved by the Department of	3758
Education to participate in the program established under this	3759
section.	3760

(B) There is hereby established the Pilot Project Special	3761
Education Scholarship Program. Under the program, in fiscal years	3762
2004 and 2005, the Department of Education shall pay a scholarship	3763
to the parent of each qualified special education child upon	3764
application of that parent pursuant to procedures and deadlines	3765
established by rule of the State Board of Education. Each	3766
scholarship shall be used only to pay tuition for the child on	3767
whose behalf the scholarship is awarded to attend a special	3768
education program that implements the child's individualized	3769
education program and that is operated by a school district other	3770
than the school district in which the child is entitled to attend	3771
school or by another public entity, to either of which under law	3772
the parent is required to pay tuition on behalf of the child, or	3773
by a registered private provider. Each scholarship shall be in an	3774
amount not to exceed the lesser of the tuition charged for the	3775
child by the special education program or fifteen thousand	3776
dollars. The purpose of the scholarship is to permit the parent of	3777
a qualified special education child the choice to send the child	3778
to a special education program, instead of, or in addition to, the	3779
one operated by or for the school district in which the child is	3780
entitled to attend school, to receive the services prescribed in	3781
the child's individualized education program once the	3782
individualized education program is finalized. A scholarship under	3783
this section shall not be awarded to the parent of a child while	3784
the child's individualized education program is being developed by	3785
the school district in which the child is entitled to attend	3786
school, or while any administrative or judicial mediation or	3787
proceedings with respect to the content of the child's	3788
individualized education program are pending. A scholarship under	3789
this section shall not be awarded to the parent of a child who	3790
attends a public special education program under a contract,	3791
compact, or other bilateral agreement between the school district	3792
in which the child is entitled to attend school and another school	3793
district or other public provider or to the parent of a child who	3794
attends a community school established under Chapter 3314. of the	3795
Revised Code. A child attending a special education program with a	3796
scholarship under this section shall continue to be entitled to	3797
transportation to and from that program in the manner prescribed	3798
by law.	3799

(C)(1) Notwithstanding anything to the contrary in the	3800
Revised Code, a child for whom a scholarship is awarded under this	3801
section shall be counted in the formula ADM and the category six	3802
special education ADM of the district in which the child is	3803
entitled to attend school and not in the formula ADM and the	3804
category six special education ADM of any other school district.	3805

(2) In each fiscal year, the Department shall deduct from the	3806
amounts paid to each school district under Chapter 3317. of the	3807
Revised Code, and, if necessary, sections 321.24 and 323.156 of	3808
the Revised Code, the aggregate amount of scholarships awarded	3809
under this section for qualified special education children	3810
included in the formula ADM and category six special education ADM	3811
of that school district as provided in division (C)(1) of this	3812
section. The scholarships deducted shall be considered as an	3813
approved special education and related services expense for the	3814
purpose of the school district's compliance with division (C)(5)	3815
of section 3317.022 of the Revised Code.	3816

(3) From time to time, the Department shall make a payment to	3817
the parent of each qualified special education child for whom a	3818
scholarship has been awarded under this section. The scholarship	3819
amount shall be proportionately reduced in the case of any such	3820
child who is not enrolled in the special education program for	3821
which a scholarship was awarded under this section for the entire	3822
school year. The Department shall make no payments to the parent	3823
of a child while any administrative or judicial mediation or	3824
proceedings with respect to the content of the child's	3825
individualized education program are pending.	3826

(D) A scholarship shall not be paid to a parent for payment	3827
of tuition owed to a nonpublic entity unless that entity is a	3828
registered private provider. The Department shall approve entities	3829
that meet the standards established by rule of the State Board for	3830
the program established under this section.	3831

(E) The State Board shall adopt rules in accordance with	3832
Chapter 119. of the Revised Code prescribing procedures necessary	3833
to implement this section, including, but not limited to,	3834
procedures and deadlines for parents to apply for scholarships,	3835
standards for registered private providers, and procedures for	3836
approval of entities as registered private providers. The Board	3837
shall adopt the rules so that the program established under this	3838
section is operational by January 1, 2004.	3839

(F) The Legislative Office of Education Oversight shall	3840
conduct a formative evaluation of the program established under	3841
this section and shall report its findings to the General Assembly	3842
not later than March 1, 2005. In conducting the evaluation, the	3843
Office shall to the extent possible gather comments from parents	3844
who have been awarded scholarships under the program, school	3845
district officials, representatives of registered private	3846
providers, educators, and representatives of educational	3847
organizations for inclusion in the report required under this	3848
section.	3849

Sec. 146.  (A) In September of 2003(1) Within thirty days	3850
after the effective date of this amendment, each school district	3851
that has been declared to be under an academic watch or in a state	3852
of academic emergency pursuant to section 3302.03 of the Revised	3853
Code at any time in 2003 or that has a three-year average	3854
graduation rate of not more than seventy-five per cent shall	3855
administer a half-length practice version of eachthe reading and	3856
mathematics Ohio Graduation TestTests prescribed by division (B)	3857
of section 3301.0710 of the Revised Code to all ninth grade	3858
students enrolled in the district. EachThe district also shall	3859
assess all ninth grade students in each subject area of writing,	3860
science, and social studies to determine the students'	3861
preparedness for the Ohio Graduation Tests in those subject areas.	3862
The manner in which these assessments are conducted may be	3863
determined by the district, school, or individual teachers.	3864

(2) In September of 2004, each school district that has been	3865
declared to be under an academic watch or in a state of academic	3866
emergency pursuant to section 3302.03 of the Revised Code or that	3867
has a three-year average graduation rate of not more than	3868
seventy-five per cent shall administer a half-length practice	3869
version of each Ohio Graduation Test to all ninth grade students	3870
enrolled in the district, except that if the Department of	3871
Education has made a full-length practice version of any Ohio	3872
Graduation Test available to the district, the district shall	3873
administer the full-length practice version of the test instead.	3874

(3) Each district shall determine the dates, times, and	3875
method of administering the tests and assessments required by	3876
division (A) of this section to students and shall score the tests	3877
and assessments.	3878

(B) EachIn the 2003-2004 school year, each district declared	3879
to be in a state of academic emergency pursuant to section 3302.03	3880
of the Revised Code at any time in 2003 and, in the 2004-2005	3881
school year, each district that has a three-year average	3882
graduation rate of not more than seventy-five per cent shall	3883
determine for each high school in the district whether the school	3884
shall be required to provide intervention services in accordance	3885
with this division to any students who took the tests or	3886
assessments required by division (A) of this section. In	3887
determining which high schools shall provide intervention services	3888
based upon available funding, the district shall consider each	3889
school's graduation rate and scores on the practice tests or	3890
assessments.	3891

Each high school selected to provide intervention services	3892
under this division shall provide intervention services to	3893
students whose practice test or assessment results indicate that	3894
they are failing to make satisfactory progress toward being able	3895
to attain scores at the proficient level on the Ohio Graduation	3896
Tests. Intervention services shall be provided in any skill in	3897
which a student demonstrates unsatisfactory progress and shall be	3898
commensurate with the student's test or assessment performance.	3899
Schools shall provide the intervention services prior to the end	3900
of the school year, during the summer following the ninth grade,	3901
in the next succeeding school year, or at any combination of those	3902
times.	3903

(C) As used in this section, "three-year average" and	3904
"graduation rate" have the same meanings as in section 3302.01 of	3905
the Revised Code.	3906

Sec. 152. (A) There is hereby created the Ohio Autism Task	3907
Force consisting of the following members:	3908

(1) All of the following persons to be appointed by the	3909
Governor:	3910

(a) A person diagnosed with autism;

3911

(b) Four persons who are parents of children diagnosed with	3912
autism;	3913

(c) A special education administrator of an Ohio school	3914
district;	3915

(d) A representative of the Ohio Association of County Boards	3916
of Mental Retardation and Developmental Disabilities;	3917

(e) A representative of the Ohio Developmental Disabilities	3918
Council;	3919

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

3920

(g) A developmental pediatrician who is a member of the Ohio	3921
Association of Pediatricians;	3922

(h) Two representatives from private schools in Ohio that	3923
provide special education services to children diagnosed with	3924
autism;	3925

(i) Two representatives from Ohio hospitals that provide	3926
services to children diagnosed with autism.	3927

(2) Two members of the House of Representatives, one from the	3928
majority party and one from the minority party, appointed by the	3929
Speaker of the House of Representatives;	3930

(3) Two members of the Senate, one from the majority party	3931
and one from the minority party, appointed by the President of the	3932
Senate;	3933

(4) The Director of Mental Retardation and Developmental	3934
Disabilities or the Director's designee;	3935

(5) The Director of Job and Family Services or the Director's	3936
designee;	3937

(6) The Superintendent of Public Instruction or the	3938
Superintendent's designee;	3939

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

3940

(B) All appointments and designations to the Task Force shall	3941
be made not later than thirty days after the effective date of	3942
this section. Any vacancy that occurs on the Task Force shall be	3943
filled in the same manner as the original appointment. The members	3944
of the Task Force shall serve without compensation.	3945

(C) The initial meeting of the Task Force shall be held not	3946
later than sixty days after the effective date of this section. At	3947
its initial meeting, the Task Force shall elect from its	3948
membership a chairperson and other officers it considers	3949
necessary. Thereafter, the Task Force shall meet on the call of	3950
the chairperson.	3951

(D) The Department of Mental Retardation and Developmental	3952
Disabilities shall provide meeting facilities and other support as	3953
necessary for the Task Force.	3954

(E) The Task Force shall study and make recommendations	3955
regarding both of the following:	3956

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

3957

(2)Ways(2) Ways to improve the delivery in this state of	3958
autism services.	3959

(F) Not later than one year after the effective date of this	3960
sectionNovember 26, 2004, the Task Force shall submit a written	3961
report of its recommendations to the Governor, the Speaker of the	3962
House of Representatives, and the President of the Senate.	3963

(G) On submission of its report, the Task Force shall cease	3964
to exist.	3965

Section 15. That existing Sections 41.03, 41.05, 41.10,	3966
41.19, 41.33, 146, and 152 of Am. Sub. H.B. 95 of the 125th	3967
General Assembly are hereby repealed.	3968

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

3969

(1) "All-day kindergarten" and "kindergarten through third	3970
grade ADM" have the same meanings as in section 3317.029 of the	3971
Revised Code.	3972

(2) "DPIA reduction factor," "entitled to attend school," and	3973
"SF-3 payment" have the same meanings as in section 3314.08 of the	3974
Revised Code.	3975

(3) "Guarantee payment" means the total amount of	3976
disadvantaged pupil impact aid paid, under section 3317.029 of the	3977
Revised Code and Section 41.10 of Am. Sub. H.B. 95 of the 125th	3978
General Assembly, as amended, to a school district that is	3979
guaranteed to receive such aid equal to the amount the district	3980
received in fiscal year 1998 pursuant to division (B) of section	3981
3317.023 of the Revised Code as it existed at that time.	3982

(4) "OWF student count" means the five-year average of the	3983
total number of children ages five to seventeen residing in a	3984
school district whose families receive assistance under the Ohio	3985
Works First program, based on data most recently certified by the	3986
Department of Job and Family Services.	3987

(B) Notwithstanding divisions (C)(4), (C)(5), (D)(5), and	3988
(D)(6) of section 3314.08 and section 3314.13 of the Revised Code,	3989
in fiscal years 2004 and 2005 the Department of Education shall	3990
pay disadvantaged pupil impact aid to community schools in	3991
accordance with this section. This section stipulates the General	3992
Assembly's intent for paying DPIA to community schools in	3993
recognition of the 2% DPIA increase granted to school districts in	3994
each of those years by Section 41.10 of Am. Sub. H.B. 95 of the	3995
125th General Assembly, as amended.	3996

(C)(1) In each of fiscal years 2004 and 2005, the Department	3997
shall pay each community school a per pupil amount for each	3998
student enrolled in the community school who meets both of the	3999
following criteria:	4000

(a) The student is entitled to attend school in a school	4001
district that received a DPIA guarantee payment under division (B)	4002
of section 3317.029 of the Revised Code in fiscal year 2003;	4003

(b) The student's family receives assistance under the Ohio	4004
Works First program.	4005

(2) Subject to division (E) of this section, the per pupil	4006
payment in each fiscal year under division (C)(1) of this section	4007
shall equal the quotient of the DPIA guarantee payment to the	4008
school district where the student is entitled to attend school	4009
divided by that district's OWF student count, adjusted by any DPIA	4010
reduction factor of the community school.	4011

(D)(1) In each of fiscal years 2004 and 2005, the Department	4012
shall pay each community school a per pupil amount for each	4013
student enrolled in the community school who meets both of the	4014
following criteria:	4015

(a) The student is entitled to attend school in a school	4016
district that either received a DPIA safety and remediation	4017
payment under division (C) of section 3317.029 of the Revised Code	4018
in fiscal year 2003 or, if it did not, receives a safety and	4019
remediation payment under that division in the current fiscal year	4020
pursuant to the first paragraph under the heading "DISADVANTAGED	4021
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4022
125th General Assembly, as amended;	4023

(b) The student's family receives assistance under the Ohio	4024
Works First program.	4025

(2) Except as provided in division (D)(4) of this section,	4026
and subject to division (E) of this section, the per pupil payment	4027
in fiscal year 2004 under division (D)(1) of this section shall	4028
equal the following quotient, adjusted by any DPIA reduction	4029
factor of the community school:	4030

(a) The fiscal year 2003 DPIA safety and remediation payment	4031
under division (C) of section 3317.029 of the Revised Code to the	4032
school district where the student is entitled to attend school,	4033
times 102%; divided by	4034

(b) That district's OWF student count.

4035

(3) Except as provided in division (D)(4) of this section,	4036
and subject to division (E) of this section, the per pupil payment	4037
in fiscal year 2005 under division (D)(1) of this section shall	4038
equal the following quotient, adjusted by any DPIA reduction	4039
factor of the community school:	4040

(a) The product calculated under division (D)(2)(a) of this	4041
section for the school district where the student is entitled to	4042
attend school, times 102%; divided by	4043

(b) That district's OWF student count.

4044

(4) Subject to division (E) of this section, for each	4045
community school student who is entitled to attend school in a	4046
school district that receives a DPIA safety and remediation	4047
payment under division (C) of section 3317.029 of the Revised Code	4048
pursuant to the first paragraph under the heading "DISADVANTAGED	4049
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4050
125th General Assembly, as amended, the per pupil payment in each	4051
fiscal year under division (D)(1) of this section shall equal the	4052
quotient of the safety and remediation payment to the school	4053
district for the current fiscal year divided by that district's	4054
OWF student count, adjusted by any DPIA reduction factor of the	4055
community school.	4056

(E) Payments under divisions (C) and (D) of this section	4057
shall be calculated based on Ohio Works First data certified to	4058
the Department of Education by the Department of Job and Family	4059
Services and community schools in the spring of the fiscal year.	4060
However, for each community school that operated in the prior	4061
fiscal year, the Department of Education shall make estimated	4062
payments based on data certified for the prior fiscal year until	4063
data is certified in the spring, and shall recalculate the	4064
payments for the entire fiscal year after the data is certified in	4065
the spring. For each community school commencing its first year of	4066
operation, the Department shall not make payments under those	4067
divisions in the community school's first fiscal year until the	4068
spring of the fiscal year, after the community school and the	4069
Department of Job and Family Services have certified the Ohio	4070
Works First data.	4071

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

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

(b) The student is enrolled in the community school in	4084
kindergarten or first, second, or third grade;	4085

(c) The student is not receiving special education and	4086
related services under an individualized education program, as	4087
defined in section 3323.01 of the Revised Code.	4088

(2) Except as provided in divisions (F)(4) and (5) of this	4089
section, the per pupil payment in fiscal year 2004 under division	4090
(F)(1) of this section shall equal the following quotient,	4091
adjusted by any DPIA reduction factor of the community school:	4092

(a) The fiscal year 2003 DPIA class-size reduction payment	4093
under division (E) of section 3317.029 of the Revised Code to the	4094
school district where the student is entitled to attend school,	4095
times 102%; divided by	4096

(b) That district's fiscal year 2004 kindergarten through	4097
third grade ADM.	4098

(3) Except as provided in divisions (F)(4) and (5) of this	4099
section, the per pupil payment in fiscal year 2005 under division	4100
(F)(1) of this section shall equal the following quotient,	4101
adjusted by any DPIA reduction factor of the community school:	4102

(a) The product calculated under division (F)(2)(a) of this	4103
section for the school district where the student is entitled to	4104
attend school, times 102%; divided by	4105

(b) That district's fiscal year 2005 kindergarten through	4106
third grade ADM.	4107

(4) Except as provided in division (F)(5) of this section,	4108
for each community school student who is entitled to attend school	4109
in a school district that receives a DPIA class-size reduction	4110
payment under division (E) of section 3317.029 of the Revised Code	4111
pursuant to the first paragraph under the heading "DISADVANTAGED	4112
PUPIL IMPACT AID" of Section 41.10 of Am. Sub. H.B. 95 of the	4113
125th General Assembly, as amended, the per pupil payment in each	4114
fiscal year under division (F)(1) of this section shall equal the	4115
quotient of the class-size reduction payment to the school	4116
district for the current fiscal year divided by that district's	4117
kindergarten through third grade ADM for the current fiscal year,	4118
adjusted by any DPIA reduction factor of the community school.	4119

(5) The Department shall pay only 50% of the per pupil	4120
payment prescribed in divisions (F)(2), (3), and (4) of this	4121
section for each qualifying community school student who is	4122
enrolled in a kindergarten class that is not all-day kindergarten.	4123

(G)(1) In each of fiscal years 2004 and 2005, the Department	4124
shall pay each community school a per pupil amount for each	4125
student enrolled in the community school who meets both of the	4126
following criteria:	4127

(a) The student is entitled to attend school in a school	4128
district that was eligible in fiscal year 2003 to receive an	4129
all-day kindergarten payment under division (D) of section	4130
3317.029 of the Revised Code or Section 44.12 of Am. Sub. H.B. 94	4131
of the 124th General Assembly if it offered all-day kindergarten,	4132
regardless of whether the district actually received a payment	4133
under either section for all-day kindergarten;	4134

(b) The student is enrolled in the community school in	4135
all-day kindergarten.	4136

(2) Except as provided in division (G)(4) of this section,	4137
the per pupil payment in fiscal year 2004 under division (G)(1) of	4138
this section shall equal the following quotient:	4139

(a) The fiscal year 2003 DPIA all-day kindergarten payment to	4140
the school district where the student is entitled to attend	4141
school, times 102%; divided by	4142

(b) The number of students entitled to attend school in that	4143
district who are enrolled in all-day kindergarten in the school	4144
district or in a community school in fiscal year 2004.	4145

(3) Except as provided in division (G)(4) of this section,	4146
the per pupil payment in fiscal year 2005 under division (G)(1) of	4147
this section shall equal the following quotient:	4148

(a) The product calculated under division (G)(2)(a) of this	4149
section for the school district where the student is entitled to	4150
attend school, times 102%; divided by	4151

(b) The number of students entitled to attend school in that	4152
district who are enrolled in all-day kindergarten in the school	4153
district or in a community school in fiscal year 2005.	4154

(4) For each community school student enrolled in all-day	4155
kindergarten who is entitled to attend school in a district that	4156
was eligible in fiscal year 2003 to receive an all-day	4157
kindergarten payment under division (D) of section 3317.029 of the	4158
Revised Code or Section 44.12 of Am. Sub. H.B. 94 of the 124th	4159
General Assembly if it offered all-day kindergarten, but did not	4160
actually receive a payment under either section for all-day	4161
kindergarten, the per pupil amount under division (G)(1) shall be:	4162

(a) In fiscal year 2004, one-half of the formula amount	4163
prescribed by section 3317.012 of the Revised Code for fiscal year	4164
2003, times 102%;	4165

(b) In fiscal year 2005, the product calculated under	4166
division (G)(4)(a) of this section, times 102%.	4167

(H) The Department shall deduct each per pupil payment to a	4168
community school under divisions (C) to (F) of this section from	4169
the SF-3 payment to the school district in which the student is	4170
entitled to attend school. With respect to all-day kindergarten	4171
payments under division (G) of this section:	4172

(1) If the student for whom payment is made is entitled to	4173
attend school in a district that received an all-day kindergarten	4174
payment in fiscal year 2003, the Department shall deduct the	4175
payment from the SF-3 payment to the school district.	4176

(2) If the student for whom payment is made is entitled to	4177
attend school in a district that was eligible to receive an	4178
all-day kindergarten payment in fiscal year 2003 if it offered	4179
all-day kindergarten, but did not receive an all-day kindergarten	4180
payment that year, the Department shall pay the community school	4181
from the amount appropriated to the Department in appropriation	4182
item 200-520, Disadvantaged Pupil Impact Aid.	4183

(I) For purposes of determining the number of students for	4184
which divisions (C) and (D) of this section apply in either fiscal	4185
year, community schools and the Department of Job and Family	4186
Services shall comply with division (K) of section 3314.08 of the	4187
Revised Code.	4188

(J) The Department of Education shall adjust payments under	4189
this section to reflect any enrollment of students in community	4190
schools for less than the equivalent of a full school year, as	4191
required by division (L) of section 3314.08 and division (D) of	4192
section 3314.13 of the Revised Code. The Department shall apply	4193
division (N) of section 3314.08 of the Revised Code to payments	4194
under this section.	4195

Section 17. Sections 41.03, 41.05, 41.10, 41.19, 41.33, and	4196
146 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended	4197
in this act, and Section 16 of this act, and the items of law of	4198
which those sections as amended or enacted in this act are	4199
composed, are not subject to the referendum. Therefore, under Ohio	4200
Constitution, Article II, Section 1d and section 1.471 of the	4201
Revised Code, Sections 41.03, 41.05, 41.10, 41.19, 41.33, and 146	4202
of Am. Sub. H.B. 95 of the 125th General Assembly, as amended in	4203
this act, and Section 16 of this act, and the items of law of	4204
which those sections as amended or enacted in this act are	4205
composed, go into immediate effect when this act becomes law.	4206

Section 18.  Section 3301.0710 of the Revised Code is	4207
presented in this act as a composite of the section as amended by	4208
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4209
Assembly. The General Assembly, applying the principle stated in	4210
division (B) of section 1.52 of the Revised Code that amendments	4211
are to be harmonized if reasonably capable of simultaneous	4212
operation, finds that the composite is the resulting version of	4213
the section in effect prior to the effective date of the section	4214
as presented in this act.	4215

Section 19.  Section 3301.0711 of the Revised Code is	4216
presented in this act as a composite of the section as amended by	4217
both Am. Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General	4218
Assembly. The General Assembly, applying the principle stated in	4219
division (B) of section 1.52 of the Revised Code that amendments	4220
are to be harmonized if reasonably capable of simultaneous	4221
operation, finds that the composite is the resulting version of	4222
the section in effect prior to the effective date of the section	4223
as presented in this act.	4224

Section 20. Section 3318.031 of the Revised Code is presented	4225
in this act as a composite of the section as amended by both Sub.	4226
H.B. 248 and H.B. 675 of the 124th General Assembly. The General	4227
Assembly, applying the principle stated in division (B) of section	4228
1.52 of the Revised Code that amendments are to be harmonized if	4229
reasonably capable of simultaneous operation, finds that the	4230
composite is the resulting version of the section in effect prior	4231
to the effective date of the section as presented in this act.	4232

Section 21.  Section 3319.39 of the Revised Code is presented	4233
in this act as a composite of the section as amended by Am. Sub.	4234
H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230 of the 121st	4235
General Assembly. The General Assembly, applying the principle	4236
stated in division (B) of section 1.52 of the Revised Code that	4237
amendments are to be harmonized if reasonably capable of	4238
simultaneous operation, finds that the composite is the resulting	4239
version of the section in effect prior to the effective date of	4240
the section as presented in this act.	4241