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| To amend sections 3301.0714 and 3302.03 and to enact | 1 |
| sections 117.53, 3301.41, 3313.666, and 3313.667 | 2 |
| of the Revised Code with respect to school | 3 |
| policies prohibiting harassment, intimidation, or | 4 |
| bullying. | 5 |
| Section 1. That sections 3301.0714 and 3302.03 be amended and | 6 |
| sections 117.53, 3301.41, 3313.666, and 3313.667 of the Revised | 7 |
| Code be enacted to read as follows: | 8 |
| Sec. 117.53. When conducting an audit under section 117.11 of | 9 |
| the Revised Code of a city, local, exempted village, or joint | 10 |
| vocational school district, the auditor of state shall identify | 11 |
| whether the school district has adopted an anti-harassment policy | 12 |
| in accordance with section 3313.666 of the Revised Code. This | 13 |
| determination shall be recorded in the audit report. | 14 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 15 |
| rules for a statewide education management information system. The | 16 |
| rules shall require the state board to establish guidelines for | 17 |
| the establishment and maintenance of the system in accordance with | 18 |
| this section and the rules adopted under this section. The | 19 |
| guidelines shall include: | 20 |
| (1) Standards identifying and defining the types of data in | 21 |
| the system in accordance with divisions (B) and (C) of this | 22 |
| section; | 23 |
| (2) Procedures for annually collecting and reporting the data | 24 |
| to the state board in accordance with division (D) of this | 25 |
| section; | 26 |
| (3) Procedures for annually compiling the data in accordance | 27 |
| with division (G) of this section; | 28 |
| (4) Procedures for annually reporting the data to the public | 29 |
| in accordance with division (H) of this section. | 30 |
| (B) The guidelines adopted under this section shall require | 31 |
| the data maintained in the education management information system | 32 |
| to include at least the following: | 33 |
| (1) Student participation and performance data, for each | 34 |
| grade in each school district as a whole and for each grade in | 35 |
| each school building in each school district, that includes: | 36 |
| (a) The numbers of students receiving each category of | 37 |
| instructional service offered by the school district, such as | 38 |
| regular education instruction, vocational education instruction, | 39 |
| specialized instruction programs or enrichment instruction that is | 40 |
| part of the educational curriculum, instruction for gifted | 41 |
| students, instruction for handicapped students, and remedial | 42 |
| instruction. The guidelines shall require instructional services | 43 |
| under this division to be divided into discrete categories if an | 44 |
| instructional service is limited to a specific subject, a specific | 45 |
| type of student, or both, such as regular instructional services | 46 |
| in mathematics, remedial reading instructional services, | 47 |
| instructional services specifically for students gifted in | 48 |
| mathematics or some other subject area, or instructional services | 49 |
| for students with a specific type of handicap. The categories of | 50 |
| instructional services required by the guidelines under this | 51 |
| division shall be the same as the categories of instructional | 52 |
| services used in determining cost units pursuant to division | 53 |
| (C)(3) of this section. | 54 |
| (b) The numbers of students receiving support or | 55 |
| extracurricular services for each of the support services or | 56 |
| extracurricular programs offered by the school district, such as | 57 |
| counseling services, health services, and extracurricular sports | 58 |
| and fine arts programs. The categories of services required by the | 59 |
| guidelines under this division shall be the same as the categories | 60 |
| of services used in determining cost units pursuant to division | 61 |
| (C)(4)(a) of this section. | 62 |
| (c) Average student grades in each subject in grades nine | 63 |
| through twelve; | 64 |
| (d) Academic achievement levels as assessed by the testing of | 65 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 66 |
| Revised Code; | 67 |
| (e) The number of students designated as having a | 68 |
| handicapping condition pursuant to division (C)(1) of section | 69 |
| 3301.0711 of the Revised Code; | 70 |
| (f) The numbers of students reported to the state board | 71 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 72 |
| Code; | 73 |
| (g) Attendance rates and the average daily attendance for the | 74 |
| year. For purposes of this division, a student shall be counted as | 75 |
| present for any field trip that is approved by the school | 76 |
| administration. | 77 |
| (h) Expulsion rates; | 78 |
| (i) Suspension rates; | 79 |
| (j) The percentage of students receiving corporal punishment; | 80 |
| (k) Dropout rates; | 81 |
| (l) Rates of retention in grade; | 82 |
| (m) For pupils in grades nine through twelve, the average | 83 |
| number of carnegie units, as calculated in accordance with state | 84 |
| board of education rules; | 85 |
| (n) Graduation rates, to be calculated in a manner specified | 86 |
| by the department of education that reflects the rate at which | 87 |
| students who were in the ninth grade three years prior to the | 88 |
| current year complete school and that is consistent with | 89 |
| nationally accepted reporting requirements; | 90 |
| (o) Results of diagnostic assessments administered to | 91 |
| kindergarten students as required under section 3301.0715 of the | 92 |
| Revised Code to permit a comparison of the academic readiness of | 93 |
| kindergarten students. However, no district shall be required to | 94 |
| report to the department the results of any diagnostic assessment | 95 |
| administered to a kindergarten student if the parent of that | 96 |
| student requests the district not to report those results. | 97 |
| (p) The number of incidents of harassment by students against | 98 |
| other students that violate the anti-harassment policy adopted by | 99 |
| the school district under section 3313.666 of the Revised Code. | 100 |
| (2) Personnel and classroom enrollment data for each school | 101 |
| district, including: | 102 |
| (a) The total numbers of licensed employees and nonlicensed | 103 |
| employees and the numbers of full-time equivalent licensed | 104 |
| employees and nonlicensed employees providing each category of | 105 |
| instructional service, instructional support service, and | 106 |
| administrative support service used pursuant to division (C)(3) of | 107 |
| this section. The guidelines adopted under this section shall | 108 |
| require these categories of data to be maintained for the school | 109 |
| district as a whole and, wherever applicable, for each grade in | 110 |
| the school district as a whole, for each school building as a | 111 |
| whole, and for each grade in each school building. | 112 |
| (b) The total number of employees and the number of full-time | 113 |
| equivalent employees providing each category of service used | 114 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 115 |
| total numbers of licensed employees and nonlicensed employees and | 116 |
| the numbers of full-time equivalent licensed employees and | 117 |
| nonlicensed employees providing each category used pursuant to | 118 |
| division (C)(4)(c) of this section. The guidelines adopted under | 119 |
| this section shall require these categories of data to be | 120 |
| maintained for the school district as a whole and, wherever | 121 |
| applicable, for each grade in the school district as a whole, for | 122 |
| each school building as a whole, and for each grade in each school | 123 |
| building. | 124 |
| (c) The total number of regular classroom teachers teaching | 125 |
| classes of regular education and the average number of pupils | 126 |
| enrolled in each such class, in each of grades kindergarten | 127 |
| through five in the district as a whole and in each school | 128 |
| building in the school district. | 129 |
| (d) The number of master teachers employed by each school | 130 |
| district and each school building, once a definition of master | 131 |
| teacher has been developed by the educator standards board | 132 |
| pursuant to section 3319.61 of the Revised Code. | 133 |
| (3)(a) Student demographic data for each school district, | 134 |
| including information regarding the gender ratio of the school | 135 |
| district's pupils, the racial make-up of the school district's | 136 |
| pupils, the number of limited English proficient students in the | 137 |
| district, and an appropriate measure of the number of the school | 138 |
| district's pupils who reside in economically disadvantaged | 139 |
| households. The demographic data shall be collected in a manner to | 140 |
| allow correlation with data collected under division (B)(1) of | 141 |
| this section. Categories for data collected pursuant to division | 142 |
| (B)(3) of this section shall conform, where appropriate, to | 143 |
| standard practices of agencies of the federal government. | 144 |
| (b) With respect to each student entering kindergarten, | 145 |
| whether the student previously participated in a public preschool | 146 |
| program, a private preschool program, or a head start program, and | 147 |
| the number of years the student participated in each of these | 148 |
| programs. | 149 |
| (4) Any data required to be collected pursuant to federal | 150 |
| law. | 151 |
| (C) The education management information system shall include | 152 |
| cost accounting data for each district as a whole and for each | 153 |
| school building in each school district. The guidelines adopted | 154 |
| under this section shall require the cost data for each school | 155 |
| district to be maintained in a system of mutually exclusive cost | 156 |
| units and shall require all of the costs of each school district | 157 |
| to be divided among the cost units. The guidelines shall require | 158 |
| the system of mutually exclusive cost units to include at least | 159 |
| the following: | 160 |
| (1) Administrative costs for the school district as a whole. | 161 |
| The guidelines shall require the cost units under this division | 162 |
| (C)(1) to be designed so that each of them may be compiled and | 163 |
| reported in terms of average expenditure per pupil in formula ADM | 164 |
| in the school district, as determined pursuant to section 3317.03 | 165 |
| of the Revised Code. | 166 |
| (2) Administrative costs for each school building in the | 167 |
| school district. The guidelines shall require the cost units under | 168 |
| this division (C)(2) to be designed so that each of them may be | 169 |
| compiled and reported in terms of average expenditure per | 170 |
| full-time equivalent pupil receiving instructional or support | 171 |
| services in each building. | 172 |
| (3) Instructional services costs for each category of | 173 |
| instructional service provided directly to students and required | 174 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 175 |
| section. The guidelines shall require the cost units under | 176 |
| division (C)(3) of this section to be designed so that each of | 177 |
| them may be compiled and reported in terms of average expenditure | 178 |
| per pupil receiving the service in the school district as a whole | 179 |
| and average expenditure per pupil receiving the service in each | 180 |
| building in the school district and in terms of a total cost for | 181 |
| each category of service and, as a breakdown of the total cost, a | 182 |
| cost for each of the following components: | 183 |
| (a) The cost of each instructional services category required | 184 |
| by guidelines adopted under division (B)(1)(a) of this section | 185 |
| that is provided directly to students by a classroom teacher; | 186 |
| (b) The cost of the instructional support services, such as | 187 |
| services provided by a speech-language pathologist, classroom | 188 |
| aide, multimedia aide, or librarian, provided directly to students | 189 |
| in conjunction with each instructional services category; | 190 |
| (c) The cost of the administrative support services related | 191 |
| to each instructional services category, such as the cost of | 192 |
| personnel that develop the curriculum for the instructional | 193 |
| services category and the cost of personnel supervising or | 194 |
| coordinating the delivery of the instructional services category. | 195 |
| (4) Support or extracurricular services costs for each | 196 |
| category of service directly provided to students and required by | 197 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 198 |
| The guidelines shall require the cost units under division (C)(4) | 199 |
| of this section to be designed so that each of them may be | 200 |
| compiled and reported in terms of average expenditure per pupil | 201 |
| receiving the service in the school district as a whole and | 202 |
| average expenditure per pupil receiving the service in each | 203 |
| building in the school district and in terms of a total cost for | 204 |
| each category of service and, as a breakdown of the total cost, a | 205 |
| cost for each of the following components: | 206 |
| (a) The cost of each support or extracurricular services | 207 |
| category required by guidelines adopted under division (B)(1)(b) | 208 |
| of this section that is provided directly to students by a | 209 |
| licensed employee, such as services provided by a guidance | 210 |
| counselor or any services provided by a licensed employee under a | 211 |
| supplemental contract; | 212 |
| (b) The cost of each such services category provided directly | 213 |
| to students by a nonlicensed employee, such as janitorial | 214 |
| services, cafeteria services, or services of a sports trainer; | 215 |
| (c) The cost of the administrative services related to each | 216 |
| services category in division (C)(4)(a) or (b) of this section, | 217 |
| such as the cost of any licensed or nonlicensed employees that | 218 |
| develop, supervise, coordinate, or otherwise are involved in | 219 |
| administering or aiding the delivery of each services category. | 220 |
| (D)(1) The guidelines adopted under this section shall | 221 |
| require school districts to collect information about individual | 222 |
| students, staff members, or both in connection with any data | 223 |
| required by division (B) or (C) of this section or other reporting | 224 |
| requirements established in the Revised Code. The guidelines may | 225 |
| also require school districts to report information about | 226 |
| individual staff members in connection with any data required by | 227 |
| division (B) or (C) of this section or other reporting | 228 |
| requirements established in the Revised Code. The guidelines shall | 229 |
| not authorize school districts to request social security numbers | 230 |
| of individual students. The guidelines shall prohibit the | 231 |
| reporting under this section of a student's name, address, and | 232 |
| social security number to the state board of education or the | 233 |
| department of education. The guidelines shall also prohibit the | 234 |
| reporting under this section of any personally identifiable | 235 |
| information about any student, except for the purpose of assigning | 236 |
| the data verification code required by division (D)(2) of this | 237 |
| section, to any other person unless such person is employed by the | 238 |
| school district or the data acquisition site operated under | 239 |
| section 3301.075 of the Revised Code and is authorized by the | 240 |
| district or acquisition site to have access to such information. | 241 |
| The guidelines may require school districts to provide the social | 242 |
| security numbers of individual staff members. | 243 |
| (2) The guidelines shall provide for each school district or | 244 |
| community school to assign a data verification code that is unique | 245 |
| on a statewide basis over time to each student whose initial Ohio | 246 |
| enrollment is in that district or school and to report all | 247 |
| required individual student data for that student utilizing such | 248 |
| code. The guidelines shall also provide for assigning data | 249 |
| verification codes to all students enrolled in districts or | 250 |
| community schools on the effective date of the guidelines | 251 |
| established under this section. | 252 |
| Individual student data shall be reported to the department | 253 |
| through the data acquisition sites utilizing the code but at no | 254 |
| time shall the state board or the department have access to | 255 |
| information that would enable any data verification code to be | 256 |
| matched to personally identifiable student data. | 257 |
| Each school district shall ensure that the data verification | 258 |
| code is included in the student's records reported to any | 259 |
| subsequent school district or community school in which the | 260 |
| student enrolls. Any such subsequent district or school shall | 261 |
| utilize the same identifier in its reporting of data under this | 262 |
| section. | 263 |
| (E) The guidelines adopted under this section may require | 264 |
| school districts to collect and report data, information, or | 265 |
| reports other than that described in divisions (A), (B), and (C) | 266 |
| of this section for the purpose of complying with other reporting | 267 |
| requirements established in the Revised Code. The other data, | 268 |
| information, or reports may be maintained in the education | 269 |
| management information system but are not required to be compiled | 270 |
| as part of the profile formats required under division (G) of this | 271 |
| section or the annual statewide report required under division (H) | 272 |
| of this section. | 273 |
| (F) Beginning with the school year that begins July 1, 1991, | 274 |
| the board of education of each school district shall annually | 275 |
| collect and report to the state board, in accordance with the | 276 |
| guidelines established by the board, the data required pursuant to | 277 |
| this section. A school district may collect and report these data | 278 |
| notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 279 |
| (G) The state board shall, in accordance with the procedures | 280 |
| it adopts, annually compile the data reported by each school | 281 |
| district pursuant to division (D) of this section. The state board | 282 |
| shall design formats for profiling each school district as a whole | 283 |
| and each school building within each district and shall compile | 284 |
| the data in accordance with these formats. These profile formats | 285 |
| shall: | 286 |
| (1) Include all of the data gathered under this section in a | 287 |
| manner that facilitates comparison among school districts and | 288 |
| among school buildings within each school district; | 289 |
| (2) Present the data on academic achievement levels as | 290 |
| assessed by the testing of student achievement maintained pursuant | 291 |
| to division (B)(1)(d) of this section. | 292 |
| (H)(1) The state board shall, in accordance with the | 293 |
| procedures it adopts, annually prepare a statewide report for all | 294 |
| school districts and the general public that includes the profile | 295 |
| of each of the school districts developed pursuant to division (G) | 296 |
| of this section. Copies of the report shall be sent to each school | 297 |
| district. | 298 |
| (2) The state board shall, in accordance with the procedures | 299 |
| it adopts, annually prepare an individual report for each school | 300 |
| district and the general public that includes the profiles of each | 301 |
| of the school buildings in that school district developed pursuant | 302 |
| to division (G) of this section. Copies of the report shall be | 303 |
| sent to the superintendent of the district and to each member of | 304 |
| the district board of education. | 305 |
| (3) Copies of the reports received from the state board under | 306 |
| divisions (H)(1) and (2) of this section shall be made available | 307 |
| to the general public at each school district's offices. Each | 308 |
| district board of education shall make copies of each report | 309 |
| available to any person upon request and payment of a reasonable | 310 |
| fee for the cost of reproducing the report. The board shall | 311 |
| annually publish in a newspaper of general circulation in the | 312 |
| school district, at least twice during the two weeks prior to the | 313 |
| week in which the reports will first be available, a notice | 314 |
| containing the address where the reports are available and the | 315 |
| date on which the reports will be available. | 316 |
| (I) Any data that is collected or maintained pursuant to this | 317 |
| section and that identifies an individual pupil is not a public | 318 |
| record for the purposes of section 149.43 of the Revised Code. | 319 |
| (J) As used in this section: | 320 |
| (1) "School district" means any city, local, exempted | 321 |
| village, or joint vocational school district. | 322 |
| (2) "Cost" means any expenditure for operating expenses made | 323 |
| by a school district excluding any expenditures for debt | 324 |
| retirement except for payments made to any commercial lending | 325 |
| institution for any loan approved pursuant to section 3313.483 of | 326 |
| the Revised Code. | 327 |
| (K) Any person who removes data from the information system | 328 |
| established under this section for the purpose of releasing it to | 329 |
| any person not entitled under law to have access to such | 330 |
| information is subject to section 2913.42 of the Revised Code | 331 |
| prohibiting tampering with data. | 332 |
| (L) Any time the department of education determines that a | 333 |
| school district has taken any of the actions described under | 334 |
| division (L)(1), (2), or (3) of this section, it shall make a | 335 |
| report of the actions of the district, send a copy of the report | 336 |
| to the superintendent of such school district, and maintain a copy | 337 |
| of the report in its files: | 338 |
| (1) The school district fails to meet any deadline | 339 |
| established pursuant to this section for the reporting of any data | 340 |
| to the education management information system; | 341 |
| (2) The school district fails to meet any deadline | 342 |
| established pursuant to this section for the correction of any | 343 |
| data reported to the education management information system; | 344 |
| (3) The school district reports data to the education | 345 |
| management information system in a condition, as determined by the | 346 |
| department, that indicates that the district did not make a good | 347 |
| faith effort in reporting the data to the system. | 348 |
| Any report made under this division shall include | 349 |
| recommendations for corrective action by the school district. | 350 |
| Upon making a report for the first time in a fiscal year, the | 351 |
| department shall withhold ten per cent of the total amount due | 352 |
| during that fiscal year under Chapter 3317. of the Revised Code to | 353 |
| the school district to which the report applies. Upon making a | 354 |
| second report in a fiscal year, the department shall withhold an | 355 |
| additional twenty per cent of such total amount due during that | 356 |
| fiscal year to the school district to which the report applies. | 357 |
| The department shall not release such funds unless it determines | 358 |
| that the district has taken corrective action. However, no such | 359 |
| release of funds shall occur if the district fails to take | 360 |
| corrective action within forty-five days of the date upon which | 361 |
| the report was made by the department. | 362 |
| (M) No data acquisition site or school district shall | 363 |
| acquire, change, or update its student administration software | 364 |
| package to manage and report data required to be reported to the | 365 |
| department unless it converts to a student software package that | 366 |
| is certified by the department. | 367 |
| (N) The state board of education, in accordance with sections | 368 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 369 |
| license as defined under division (A) of section 3319.31 of the | 370 |
| Revised Code that has been issued to any school district employee | 371 |
| found to have willfully reported erroneous, inaccurate, or | 372 |
| incomplete data to the education management information system. | 373 |
| (O) No person shall release or maintain any information about | 374 |
| any student in violation of this section. Whoever violates this | 375 |
| division is guilty of a misdemeanor of the fourth degree. | 376 |
| (P) The department shall disaggregate the data collected | 377 |
| under division (B)(1)(o) of this section according to the race and | 378 |
| socioeconomic status of the students assessed. No data collected | 379 |
| under that division shall be included on the report cards required | 380 |
| by section 3302.03 of the Revised Code. | 381 |
| (Q) If the department cannot compile any of the information | 382 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 383 |
| based upon the data collected under this section, the department | 384 |
| shall develop a plan and a reasonable timeline for the collection | 385 |
| of any data necessary to comply with that division. | 386 |
| Sec. 3301.41. The department of education shall develop a | 387 |
| model policy to prohibit harassment, intimidation, or bullying in | 388 |
| order to assist school districts in developing their own policies | 389 |
| under section 3313.666 of the Revised Code. The department shall | 390 |
| issue the model policy within six months after the effective date | 391 |
| of this section. | 392 |
| Sec. 3302.03. (A) Annually the department of education shall | 393 |
| report for each school district and each school building in a | 394 |
| district all of the following: | 395 |
| (1) The extent to which the school district or building meets | 396 |
| each of the applicable performance indicators created by the state | 397 |
| board of education under section 3302.02 of the Revised Code and | 398 |
| the number of applicable performance indicators that have been | 399 |
| achieved; | 400 |
| (2) The performance index score of the school district or | 401 |
| building; | 402 |
| (3) Whether the school district or building has made adequate | 403 |
| yearly progress; | 404 |
| (4) Whether the school district or building is excellent, | 405 |
| effective, needs continuous improvement, is under an academic | 406 |
| watch, or is in a state of academic emergency. | 407 |
| (B)(1) A school district or building shall be declared | 408 |
| excellent if it fulfills one of the following requirements: | 409 |
| (a) It makes adequate yearly progress and either meets at | 410 |
| least ninety-four per cent of the applicable state performance | 411 |
| indicators or has a performance index score established by the | 412 |
| department. | 413 |
| (b) It has failed to make adequate yearly progress for not | 414 |
| more than two consecutive years and either meets at least | 415 |
| ninety-four per cent of the applicable state performance | 416 |
| indicators or has a performance index score established by the | 417 |
| department. | 418 |
| (2) A school district or building shall be declared effective | 419 |
| if it fulfills one of the following requirements: | 420 |
| (a) It makes adequate yearly progress and either meets at | 421 |
| least seventy-five per cent but less than ninety-four per cent of | 422 |
| the applicable state performance indicators or has a performance | 423 |
| index score established by the department. | 424 |
| (b) It does not make adequate yearly progress and either | 425 |
| meets at least seventy-five per cent of the applicable state | 426 |
| performance indicators or has a performance index score | 427 |
| established by the department, except that if it does not make | 428 |
| adequate yearly progress for three consecutive years, it shall be | 429 |
| declared in need of continuous improvement. | 430 |
| (3) A school district or building shall be declared to be in | 431 |
| need of continuous improvement if it fulfills one of the following | 432 |
| requirements: | 433 |
| (a) It makes adequate yearly progress, meets less than | 434 |
| seventy-five per cent of the applicable state performance | 435 |
| indicators, and has a performance index score established by the | 436 |
| department. | 437 |
| (b) It does not make adequate yearly progress and either | 438 |
| meets at least fifty per cent but less than seventy-five per cent | 439 |
| of the applicable state performance indicators or has a | 440 |
| performance index score established by the department. | 441 |
| (4) A school district or building shall be declared to be | 442 |
| under an academic watch if it does not make adequate yearly | 443 |
| progress and either meets at least thirty-one per cent but less | 444 |
| than fifty per cent of the applicable state performance indicators | 445 |
| or has a performance index score established by the department. | 446 |
| (5) A school district or building shall be declared to be in | 447 |
| a state of academic emergency if it does not make adequate yearly | 448 |
| progress, does not meet at least thirty-one per cent of the | 449 |
| applicable state performance indicators, and has a performance | 450 |
| index score established by the department. | 451 |
| (C)(1) The department shall issue annual report cards for | 452 |
| each school district, each building within each district, and for | 453 |
| the state as a whole reflecting performance on the indicators | 454 |
| created by the state board under section 3302.02 of the Revised | 455 |
| Code, the performance index score, and adequate yearly progress. | 456 |
| (2) The department shall include on the report card for each | 457 |
| district information pertaining to any change from the previous | 458 |
| year made by the school district or school buildings within the | 459 |
| district on any performance indicator. | 460 |
| (3) When reporting data on student performance, the | 461 |
| department shall disaggregate that data according to the following | 462 |
| categories: | 463 |
| (a) Performance of students by age group; | 464 |
| (b) Performance of students by race and ethnic group; | 465 |
| (c) Performance of students by gender; | 466 |
| (d) Performance of students grouped by those who have been | 467 |
| enrolled in a district or school for three or more years; | 468 |
| (e) Performance of students grouped by those who have been | 469 |
| enrolled in a district or school for more than one year and less | 470 |
| than three years; | 471 |
| (f) Performance of students grouped by those who have been | 472 |
| enrolled in a district or school for one year or less; | 473 |
| (g) Performance of students grouped by those who are | 474 |
| economically disadvantaged; | 475 |
| (h) Performance of students grouped by those who are enrolled | 476 |
| in a conversion community school established under Chapter 3314. | 477 |
| of the Revised Code; | 478 |
| (i) Performance of students grouped by those who are | 479 |
| classified as limited English proficient; | 480 |
| (j) Performance of students grouped by those who have | 481 |
| disabilities; | 482 |
| (k) Performance of students grouped by those who are | 483 |
| classified as migrants; | 484 |
| (l) Performance of students grouped by those who are | 485 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 486 |
| Code. | 487 |
| The department may disaggregate data on student performance | 488 |
| according to other categories that the department determines are | 489 |
| appropriate. To the extent possible, the department shall | 490 |
| disaggregate data on student performance according to any | 491 |
| combinations of two or more of the categories listed in divisions | 492 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 493 |
| In reporting data pursuant to division (C)(3) of this | 494 |
| section, the department shall not include in the report cards any | 495 |
| data statistical in nature that is statistically unreliable or | 496 |
| that could result in the identification of individual students. | 497 |
| For this purpose, the department shall not report student | 498 |
| performance data for any group identified in division (C)(3) of | 499 |
| this section that contains less than ten students. | 500 |
| (4) The department may include with the report cards any | 501 |
| additional education and fiscal performance data it deems | 502 |
| valuable. | 503 |
| (5) The department shall include on each report card a list | 504 |
| of additional information collected by the department that is | 505 |
| available regarding the district or building for which the report | 506 |
| card is issued. When available, such additional information shall | 507 |
| include student mobility data disaggregated by race and | 508 |
| socioeconomic status, college enrollment data, and the reports | 509 |
| prepared under section 3302.031 of the Revised Code. | 510 |
| The department shall maintain a site on the world wide web. | 511 |
| The report card shall include the address of the site and shall | 512 |
| specify that such additional information is available to the | 513 |
| public at that site. The department shall also provide a copy of | 514 |
| each item on the list to the superintendent of each school | 515 |
| district. The district superintendent shall provide a copy of any | 516 |
| item on the list to anyone who requests it. | 517 |
| (6) For any district that sponsors a conversion community | 518 |
| school under Chapter 3314. of the Revised Code, the department | 519 |
| shall combine data regarding the academic performance of students | 520 |
| enrolled in the community school with comparable data from the | 521 |
| schools of the district for the purpose of calculating the | 522 |
| performance of the district as a whole on the report card issued | 523 |
| for the district. | 524 |
| (7) The department shall include on each report card the | 525 |
| percentage of teachers in the district or building who are highly | 526 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 527 |
| and a comparison of that percentage with the percentages of such | 528 |
| teachers in similar districts and buildings. | 529 |
| (8) The department shall include on the report card the | 530 |
| number of master teachers employed by each district and each | 531 |
| building once the data is available from the education management | 532 |
| information system established under section 3301.0714 of the | 533 |
| Revised Code. | 534 |
| (9) The department shall include on the report card the | 535 |
| number of incidents of harassment by students against other | 536 |
| students that violate the anti-harassment policy adopted by the | 537 |
| school district under section 3313.666 of the Revised Code by each | 538 |
| district and each building once the data is available from the | 539 |
| education management information system established under section | 540 |
| 3301.0714 of the Revised Code. | 541 |
| (D)(1) In calculating reading, writing, mathematics, social | 542 |
| studies, or science proficiency or achievement test passage rates | 543 |
| used to determine school district or building performance under | 544 |
| this section, the department shall include all students taking a | 545 |
| test with accommodation or to whom an alternate assessment is | 546 |
| administered pursuant to division (C)(1) or (3) of section | 547 |
| 3301.0711 of the Revised Code. | 548 |
| (2) In calculating performance index scores, rates of | 549 |
| achievement on the performance indicators established by the state | 550 |
| board under section 3302.02 of the Revised Code, and adequate | 551 |
| yearly progress for school districts and buildings under this | 552 |
| section, the department shall do all of the following: | 553 |
| (a) Include for each district or building only those students | 554 |
| who are included in the ADM certified for the first full school | 555 |
| week of October and are continuously enrolled in the district or | 556 |
| building through the time of the spring administration of any test | 557 |
| prescribed by section 3301.0710 of the Revised Code that is | 558 |
| administered to the student's grade level; | 559 |
| (b) Include cumulative totals from both the fall and spring | 560 |
| administrations of the third grade reading achievement test; | 561 |
| (c) Except as required by the "No Child Left Behind Act of | 562 |
| 2001" for the calculation of adequate yearly progress, exclude for | 563 |
| each district or building any limited English proficient student | 564 |
| who has been enrolled in United States schools for less than one | 565 |
| full school year. | 566 |
| Sec. 3313.666. (A) As used in this section, "harassment, | 567 |
| intimidation, or bullying" means any intentional gesture, or any | 568 |
| intentional written, verbal, or physical act or threat that a | 569 |
| student has exhibited toward other students more than once and the | 570 |
| behavior both: | 571 |
| (1) Has one or more of the following effects: | 572 |
| (a) Harming a student; | 573 |
| (b) Damaging a student's property; | 574 |
| (c) Placing a student in reasonable fear of harm to the | 575 |
| student's person; | 576 |
| (d) Placing a student in reasonable fear of damage to the | 577 |
| student's property. | 578 |
| (2) Is sufficiently severe, persistent, or pervasive that it | 579 |
| creates an intimidating, threatening, or abusive educational | 580 |
| environment for a student. | 581 |
| (B) The board of education of each city, local, exempted | 582 |
| village, and joint vocational school district shall establish a | 583 |
| policy prohibiting harassment, intimidation, or bullying. The | 584 |
| policy shall be developed in consultation with parents, school | 585 |
| employees, school volunteers, students, and community members. The | 586 |
| policy shall include, but need not be limited to, the following: | 587 |
| (1) A statement prohibiting harassment, intimidation, or | 588 |
| bullying of any student on school property or at school-sponsored | 589 |
| events; | 590 |
| (2) A definition of harassment, intimidation, or bullying | 591 |
| that shall include, at a minimum, the definition in division (A) | 592 |
| of this section; | 593 |
| (3) A procedure for reporting prohibited incidents; | 594 |
| (4) A requirement that school personnel report prohibited | 595 |
| incidents of which they are aware; | 596 |
| (5) A requirement that parents or guardians of any student | 597 |
| involved in a prohibited incident be notified and, to the extent | 598 |
| permitted by section 3319.321 of the Revised Code and the "Family | 599 |
| Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 600 |
| U.S.C. 1232q, as amended, have access to any written reports | 601 |
| pertaining to the prohibited incident; | 602 |
| (6) A procedure for documenting any prohibited incident that | 603 |
| is reported; | 604 |
| (7) A procedure for responding to and investigating any | 605 |
| reported incident; | 606 |
| (8) A strategy for protecting a victim from additional | 607 |
| harassment, intimidation, or bullying, and from retaliation | 608 |
| following a report; | 609 |
| (9) A disciplinary procedure for any student guilty of | 610 |
| harassment, intimidation, or bullying. | 611 |
| (C) Each district board shall adopt its policy and submit a | 612 |
| copy of the policy to the state superintendent of public | 613 |
| instruction within nine months after the effective date of this | 614 |
| section. | 615 |
| (D) Each board's policy shall appear in any student | 616 |
| handbooks, and in any of the publications that set forth the | 617 |
| comprehensive rules, procedures, and standards of conduct for | 618 |
| schools and students in the district. Information regarding the | 619 |
| policy shall be incorporated into employee training materials. | 620 |
| (E) Except as provided in division (B)(5) of this section, | 621 |
| and except for aggregate data reported under sections 3301.0714 | 622 |
| and 3302.03 of the Revised Code, any data that is collected or | 623 |
| maintained relating to an incident reported pursuant to this | 624 |
| section is confidential and is not a public record for the | 625 |
| purposes of section 149.43 of the Revised Code. | 626 |
| (F) A school district employee, student, or volunteer shall | 627 |
| be individually immune from liability in a civil action for | 628 |
| damages arising from reporting an incident in accordance with a | 629 |
| policy adopted pursuant to this section if that person reports an | 630 |
| incident of harassment, intimidation, or bullying promptly in good | 631 |
| faith and in compliance with the procedures as specified in the | 632 |
| policy. | 633 |
| (G) Except as provided in division (F) of this section, | 634 |
| nothing in this section prohibits a victim from seeking redress | 635 |
| under any other provision of the Revised Code or common law that | 636 |
| may apply. | 637 |
| Sec. 3313.667. (A) Any school district may form bullying | 638 |
| prevention task forces, programs, and other initiatives involving | 639 |
| volunteers, parents, law enforcement, and community members. | 640 |
| (B) To the extent that state or federal funds are | 641 |
| appropriated for these purposes, each school district shall: | 642 |
| (1) Provide training, workshops, or courses on the district's | 643 |
| harassment, intimidation, or bullying policy adopted pursuant to | 644 |
| section 3313.666 of the Revised Code to school employees and | 645 |
| volunteers who have direct contact with students. Time spent by | 646 |
| school employees in the training, workshops, or courses shall | 647 |
| apply towards any state- or district-mandated continuing education | 648 |
| requirements. | 649 |
| (2) Develop a process for educating students about the | 650 |
| policy. | 651 |
| Section 2. That existing sections 3301.0714 and 3302.03 of | 652 |
| the Revised Code are hereby repealed. | 653 |
| Section 3. Section 117.53 of the Revised Code, as enacted by | 654 |
| this act, shall take effect one year after the effective date of | 655 |
| this act. | 656 |