As Reported by the Senate Education Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 276

Representatives Stewart, J., Miller, Carano, Hartnett, Evans, C., Perry, Allen, Taylor, Peterson, Setzer, Williams, Garrison, Chandler, Woodard, Barrett, Aslanides, Beatty, Brown, DeBose, Domenick, Fende, Flowers, Harwood, Mason, Mitchell, Otterman, Sayre, Smith, G., Stewart, D., Strahorn, Yates, Yuko 

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A BILL

To amend sections 3301.0710, 3301.0711, 3301.0714,

1

3301.0715, 3302.03, 3313.53, 3313.608, 3313.614,

2

3314.014, 3314.03, 3314.08, 3314.17, 3314.22,

3

3319.073, and 3329.01 and to enact sections

4

117.53, 3301.0716, 3301.0723, 3301.22, 3313.666,

5

3313.667, 3315.20, 3354.26, and 3701.62 and to

6

repeal section 3319.227 of the Revised Code with

7

respect to school policies prohibiting harassment,

8

intimidation, or bullying; to expand in-service

9

training in child abuse prevention that school

10

districts and community schools must provide; to

11

eliminate the summer administration of the third

12

grade reading achievement test; to allow specified

13

students to substitute passage of the Ohio

14

Graduation Test for passage of the ninth grade

15

proficiency test in the same subject to satisfy

16

diploma requirements; to require school districts

17

and community schools to administer the

18

kindergarten readiness assessment between four

19

weeks prior to the start of school and October 1;

20

to permit the Department of Education to have

21

access to personally identifiable student

22

information under specified conditions; to provide

23

for the assignment of EMIS student data

24

verification codes for children receiving early

25

intervention services under the Help Me Grow

26

program; to allow community schools established

27

outside of the statewide caps to be managed by

28

operators not currently managing schools in Ohio;

29

to expand the circumstances in which community

30

school performance data is included on school

31

district report cards; to specify a procedure for

32

a parent to waive entitlement to a computer from

33

an Internet- or computer-based community school;

34

to repeal the authorization for teachers to

35

temporarily teach an area or grade level outside

36

of their license or certificate; to permit a

37

school district board of education to renew the

38

contract of a director, supervisor, or coach of a

39

pupil-activity program who is not a licensed

40

educator without first offering that position to a

41

licensed educator; to permit temporary deficits in

42

school district special funds under certain

43

conditions; to require textbook publishers to

44

comply with the National Instructional Materials

45

Accessibility Standard; to permit waivers from the

46

minimum number of school days in the 2006-2007

47

school year for certain joint vocational school

48

districts that experience delays in a

49

state-assisted construction project; and to permit

50

the boards of trustees of Rio Grande Community

51

College and the University of Rio Grande to

52

cooperate in employing a president and operating

53

the community college.

54

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

Section 1. That sections 3301.0710, 3301.0711, 3301.0714,	55
3301.0715, 3302.03, 3313.53, 3313.608, 3313.614, 3314.014,	56
3314.03, 3314.08, 3314.17, 3314.22, 3319.073, and 3329.01 be	57
amended and sections 117.53, 3301.0716, 3301.0723, 3301.22,	58
3313.666, 3313.667, 3315.20, 3354.26, and 3701.62 of the Revised	59
Code be enacted to read as follows:	60

Sec. 117.53. When conducting an audit under section 117.11 of	61
the Revised Code of a city, local, exempted village, or joint	62
vocational school district, or a community school established	63
under Chapter 3314. of the Revised Code, the auditor of state	64
shall identify whether the school district or community school has	65
adopted an anti-harassment policy in accordance with section	66
3313.666 of the Revised Code. This determination shall be recorded	67
in the audit report. The auditor of state shall not prescribe the	68
content or operation of any anti-harassment policy adopted by a	69
school district or community school.	70

Sec. 3301.0710.  The state board of education shall adopt	71
rules establishing a statewide program to test student	72
achievement. The state board shall ensure that all tests	73
administered under the testing program are aligned with the	74
academic standards and model curricula adopted by the state board	75
and are created with input from Ohio parents, Ohio classroom	76
teachers, Ohio school administrators, and other Ohio school	77
personnel pursuant to section 3301.079 of the Revised Code.	78

The testing program shall be designed to ensure that students	79
who receive a high school diploma demonstrate at least high school	80
levels of achievement in reading, writing, mathematics, science,	81
and social studies.	82

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

83

(a) Two statewide achievement tests, one each designed to	84
measure the level of reading and mathematics skill expected at the	85
end of third grade;	86

(b) Three statewide achievement tests, one each designed to	87
measure the level of reading, writing, and mathematics skill	88
expected at the end of fourth grade;	89

(c) Four statewide achievement tests, one each designed to	90
measure the level of reading, mathematics, science, and social	91
studies skill expected at the end of fifth grade;	92

(d) Two statewide achievement tests, one each designed to	93
measure the level of reading and mathematics skill expected at the	94
end of sixth grade;	95

(e) Three statewide achievement tests, one each designed to	96
measure the level of reading, writing, and mathematics skill	97
expected at the end of seventh grade;	98

(f) Four statewide achievement tests, one each designed to	99
measure the level of reading, mathematics, science, and social	100
studies skill expected at the end of eighth grade.	101

(2) The state board shall determine and designate at least	102
five ranges of scores on each of the achievement tests described	103
in divisions (A)(1) and (B) of this section. Each range of scores	104
shall be deemed to demonstrate a level of achievement so that any	105
student attaining a score within such range has achieved one of	106
the following:	107

(a) An advanced level of skill;

108

(b) An accelerated level of skill;

109

(c) A proficient level of skill;

110

(d) A basic level of skill;

111

(e) A limited level of skill.

112

(B) The tests prescribed under this division shall	113
collectively be known as the Ohio graduation tests. The state	114
board shall prescribe five statewide high school achievement	115
tests, one each designed to measure the level of reading, writing,	116
mathematics, science, and social studies skill expected at the end	117
of tenth grade. The state board shall designate a score in at	118
least the range designated under division (A)(2)(c) of this	119
section on each such test that shall be deemed to be a passing	120
score on the test as a condition toward granting high school	121
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	122
of the Revised Code.	123

The state board may enter into a reciprocal agreement with	124
the appropriate body or agency of any other state that has similar	125
statewide achievement testing requirements for receiving high	126
school diplomas, under which any student who has met an	127
achievement testing requirement of one state is recognized as	128
having met the similar achievement testing requirement of the	129
other state for purposes of receiving a high school diploma. For	130
purposes of this section and sections 3301.0711 and 3313.61 of the	131
Revised Code, any student enrolled in any public high school in	132
this state who has met an achievement testing requirement	133
specified in a reciprocal agreement entered into under this	134
division shall be deemed to have attained at least the applicable	135
score designated under this division on each test required by this	136
division that is specified in the agreement.	137

(C) Except as provided in division (H) of this section, the	138
state board shall annually designate as follows the dates on which	139
the tests prescribed under this section shall be administered:	140

(1) For the reading test prescribed under division (A)(1)(a)	141
of this section, as follows:	142

(a) One date prior to the thirty-first day of December each	143
school year;	144

(b) At least one date of each school year that is not earlier	145
than Monday of the week containing the first day of May;	146

(c) One date during the summer that is not earlier than the	147
tenth day of June nor later than the fifteenth day of July for	148
students receiving summer remediation services under section	149
3313.608 of the Revised Code.	150

(2) For the mathematics test prescribed under division	151
(A)(1)(a) of this section and the tests prescribed under divisions	152
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	153
date of each school year that is not earlier than Monday of the	154
week containing the first day of May;	155

(3) For the tests prescribed under division (B) of this	156
section, at least one date in each school year that is not earlier	157
than Monday of the week containing the fifteenth day of March for	158
all tenth grade students and at least one date prior to the	159
thirty-first day of December and at least one date subsequent to	160
that date but prior to the thirty-first day of March of each	161
school year for eleventh and twelfth grade students.	162

(D) In prescribing test dates pursuant to division (C)(3) of	163
this section, the state board shall, to the greatest extent	164
practicable, provide options to school districts in the case of	165
tests administered under that division to eleventh and twelfth	166
grade students and in the case of tests administered to students	167
pursuant to division (C)(2) of section 3301.0711 of the Revised	168
Code. Such options shall include at least an opportunity for	169
school districts to give such tests outside of regular school	170
hours.	171

(E) In prescribing test dates pursuant to this section, the	172
state board of education shall designate the dates in such a way	173
as to allow a reasonable length of time between the administration	174
of tests prescribed under this section and any administration of	175
the National Assessment of Education Progress Test given to	176
students in the same grade level pursuant to section 3301.27 of	177
the Revised Code or federal law.	178

(F) The state board shall prescribe a practice version of	179
each Ohio graduation test described in division (B) of this	180
section that is of comparable length to the actual test.	181

(G) Any committee established by the department of education	182
for the purpose of making recommendations to the state board	183
regarding the state board's designation of scores on the tests	184
described by this section shall inform the state board of the	185
probable percentage of students who would score in each of the	186
ranges established under division (A)(2) of this section on the	187
tests if the committee's recommendations are adopted by the state	188
board. To the extent possible, these percentages shall be	189
disaggregated by gender, major racial and ethnic groups, limited	190
English proficient students, economically disadvantaged students,	191
students with disabilities, and migrant students.	192

If the state board intends to make any change to the	193
committee's recommendations, the state board shall explain the	194
intended change to the Ohio accountability task force established	195
by section 3302.021 of the Revised Code. The task force shall	196
recommend whether the state board should proceed to adopt the	197
intended change. Nothing in this division shall require the state	198
board to designate test scores based upon the recommendations of	199
the task force.	200

(H)(1) The state board shall require any alternate assessment	201
administered to a student under division (C)(1) of section	202
3301.0711 of the Revised Code to be completed and submitted to the	203
entity with which the department contracts for the scoring of the	204
test not later than the first day of April of the school year in	205
which the test is administered.	206

(2) For any test prescribed by this section, the state board	207
may designate a date one week earlier than the applicable date	208
designated under division (C) of this section for the	209
administration of the test to limited English proficient students.	210

(3) In designating days for the administration of the tests	211
prescribed by division (A) of this section, the state board shall	212
require the tests for each grade level to be administered on	213
consecutive days.	214

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

215

(1) Annually furnish to, grade, and score all tests required	216
by section 3301.0710 of the Revised Code to be administered by	217
city, local, exempted village, and joint vocational school	218
districts, except that each district shall score any test	219
administered pursuant to division (B)(10) of this section. Each	220
test so furnished shall include the data verification code of the	221
student to whom the test will be administered, as assigned	222
pursuant to division (D)(2) of section 3301.0714 of the Revised	223
Code. In furnishing the practice versions of Ohio graduation tests	224
prescribed by division (F) of section 3301.0710 of the Revised	225
Code, the department shall make the tests available on its web	226
site for reproduction by districts. In awarding contracts for	227
grading tests, the department shall give preference to Ohio-based	228
entities employing Ohio residents.	229

(2) Adopt rules for the ethical use of tests and prescribing	230
the manner in which the tests prescribed by section 3301.0710 of	231
the Revised Code shall be administered to students.	232

(B) Except as provided in divisions (C) and (J) of this	233
section, the board of education of each city, local, and exempted	234
village school district shall, in accordance with rules adopted	235
under division (A) of this section:	236

(1) Administer the reading test prescribed under division	237
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	238
to all students in the third grade who have not attained the score	239
designated for that test under division (A)(2)(c) of section	240
3301.0710 of the Revised Code and once each summer to students	241
receiving summer remediation services under section 3313.608 of	242
the Revised Code.	243

(2) Administer the mathematics test prescribed under division	244
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	245
annually to all students in the third grade.	246

(3) Administer the tests prescribed under division (A)(1)(b)	247
of section 3301.0710 of the Revised Code at least once annually to	248
all students in the fourth grade.	249

(4) Administer the tests prescribed under division (A)(1)(c)	250
of section 3301.0710 of the Revised Code at least once annually to	251
all students in the fifth grade.	252

(5) Administer the tests prescribed under division (A)(1)(d)	253
of section 3301.0710 of the Revised Code at least once annually to	254
all students in the sixth grade.	255

(6) Administer the tests prescribed under division (A)(1)(e)	256
of section 3301.0710 of the Revised Code at least once annually to	257
all students in the seventh grade.	258

(7) Administer the tests prescribed under division (A)(1)(f)	259
of section 3301.0710 of the Revised Code at least once annually to	260
all students in the eighth grade.	261

(8) Except as provided in division (B)(9) of this section,	262
administer any test prescribed under division (B) of section	263
3301.0710 of the Revised Code as follows:	264

(a) At least once annually to all tenth grade students and at	265
least twice annually to all students in eleventh or twelfth grade	266
who have not yet attained the score on that test designated under	267
that division;	268

(b) To any person who has successfully completed the	269
curriculum in any high school or the individualized education	270
program developed for the person by any high school pursuant to	271
section 3323.08 of the Revised Code but has not received a high	272
school diploma and who requests to take such test, at any time	273
such test is administered in the district.	274

(9) In lieu of the board of education of any city, local, or	275
exempted village school district in which the student is also	276
enrolled, the board of a joint vocational school district shall	277
administer any test prescribed under division (B) of section	278
3301.0710 of the Revised Code at least twice annually to any	279
student enrolled in the joint vocational school district who has	280
not yet attained the score on that test designated under that	281
division. A board of a joint vocational school district may also	282
administer such a test to any student described in division	283
(B)(8)(b) of this section.	284

(10) If the district has been declared to be under an	285
academic watch or in a state of academic emergency pursuant to	286
section 3302.03 of the Revised Code or has a three-year average	287
graduation rate of not more than seventy-five per cent, administer	288
each test prescribed by division (F) of section 3301.0710 of the	289
Revised Code in September to all ninth grade students, beginning	290
in the school year that starts July 1, 2005.	291

(C)(1)(a) Any student receiving special education services	292
under Chapter 3323. of the Revised Code may be excused from taking	293
any particular test required to be administered under this section	294
if the individualized education program developed for the student	295
pursuant to section 3323.08 of the Revised Code excuses the	296
student from taking that test and instead specifies an alternate	297
assessment method approved by the department of education as	298
conforming to requirements of federal law for receipt of federal	299
funds for disadvantaged pupils. To the extent possible, the	300
individualized education program shall not excuse the student from	301
taking a test unless no reasonable accommodation can be made to	302
enable the student to take the test.	303

(b) Any alternate assessment approved by the department for a	304
student under this division shall produce measurable results	305
comparable to those produced by the tests which the alternate	306
assessments are replacing in order to allow for the student's	307
assessment results to be included in the data compiled for a	308
school district or building under section 3302.03 of the Revised	309
Code.	310

(c) Any student enrolled in a chartered nonpublic school who	311
has been identified, based on an evaluation conducted in	312
accordance with section 3323.03 of the Revised Code or section 504	313
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	314
794, as amended, as a child with a disability shall be excused	315
from taking any particular test required to be administered under	316
this section if a plan developed for the student pursuant to rules	317
adopted by the state board excuses the student from taking that	318
test. In the case of any student so excused from taking a test,	319
the chartered nonpublic school shall not prohibit the student from	320
taking the test.	321

(2) A district board may, for medical reasons or other good	322
cause, excuse a student from taking a test administered under this	323
section on the date scheduled, but any such test shall be	324
administered to such excused student not later than nine days	325
following the scheduled date. The board shall annually report the	326
number of students who have not taken one or more of the tests	327
required by this section to the state board of education not later	328
than the thirtieth day of June.	329

(3) As used in this division, "limited English proficient	330
student" has the same meaning as in 20 U.S.C. 7801.	331

No school district board shall excuse any limited English	332
proficient student from taking any particular test required to be	333
administered under this section, except that any limited English	334
proficient student who has been enrolled in United States schools	335
for less than one full school year shall not be required to take	336
any such reading or writing test. However, no board shall prohibit	337
a limited English proficient student who is not required to take a	338
test under this division from taking the test. A board may permit	339
any limited English proficient student to take any test required	340
to be administered under this section with appropriate	341
accommodations, as determined by the department. For each limited	342
English proficient student, each school district shall annually	343
assess that student's progress in learning English, in accordance	344
with procedures approved by the department.	345

The governing authority of a chartered nonpublic school may	346
excuse a limited English proficient student from taking any test	347
administered under this section. However, no governing authority	348
shall prohibit a limited English proficient student from taking	349
the test.	350

(D)(1) In the school year next succeeding the school year in	351
which the tests prescribed by division (A)(1) or (B) of section	352
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	353
or (B) of section 3301.0710 of the Revised Code as it existed	354
prior to September 11, 2001, are administered to any student, the	355
board of education of any school district in which the student is	356
enrolled in that year shall provide to the student intervention	357
services commensurate with the student's test performance,	358
including any intensive intervention required under section	359
3313.608 of the Revised Code, in any skill in which the student	360
failed to demonstrate at least a score at the proficient level on	361
the test.	362

(2) Following any administration of the tests prescribed by	363
division (F) of section 3301.0710 of the Revised Code to ninth	364
grade students, each school district that has a three-year average	365
graduation rate of not more than seventy-five per cent shall	366
determine for each high school in the district whether the school	367
shall be required to provide intervention services to any students	368
who took the tests. In determining which high schools shall	369
provide intervention services based on the resources available,	370
the district shall consider each school's graduation rate and	371
scores on the practice tests. The district also shall consider the	372
scores received by ninth grade students on the reading and	373
mathematics tests prescribed under division (A)(1)(f) of section	374
3301.0710 of the Revised Code in the eighth grade in determining	375
which high schools shall provide intervention services.	376

Each high school selected to provide intervention services	377
under this division shall provide intervention services to any	378
student whose test results indicate that the student is failing to	379
make satisfactory progress toward being able to attain scores at	380
the proficient level on the Ohio graduation tests. Intervention	381
services shall be provided in any skill in which a student	382
demonstrates unsatisfactory progress and shall be commensurate	383
with the student's test performance. Schools shall provide the	384
intervention services prior to the end of the school year, during	385
the summer following the ninth grade, in the next succeeding	386
school year, or at any combination of those times.	387

(E) Except as provided in section 3313.608 of the Revised	388
Code and division (M) of this section, no school district board of	389
education shall utilize any student's failure to attain a	390
specified score on any test administered under this section as a	391
factor in any decision to deny the student promotion to a higher	392
grade level. However, a district board may choose not to promote	393
to the next grade level any student who does not take any test	394
administered under this section or make up such test as provided	395
by division (C)(2) of this section and who is not exempt from the	396
requirement to take the test under division (C)(3) of this	397
section.	398

(F) No person shall be charged a fee for taking any test	399
administered under this section.	400

(G)(1) Each school district board shall submit the tests	401
administered in the spring under division (B)(1) of this section	402
and the tests administered under divisions (B)(2) to (7) of this	403
section to the entity with which the department contracts for the	404
scoring of the tests not later than the Friday after the tests are	405
administered, except that any such test that a student takes	406
during the make-up period described in division (C)(2) of this	407
section shall be submitted not later than the Friday following the	408
day the student takes the test.	409

(2) The department or an entity with which the department	410
contracts for the scoring of the test shall send to each school	411
district board a list of the individual test scores of all persons	412
taking any test prescribed by division (A)(1) or (B) of section	413
3301.0710 of the Revised Code within sixty days after its	414
administration, but in no case shall the scores be returned later	415
than the fifteenth day of June following the administration. For	416
any tests administered under this section by a joint vocational	417
school district, the department or entity shall also send to each	418
city, local, or exempted village school district a list of the	419
individual test scores of any students of such city, local, or	420
exempted village school district who are attending school in the	421
joint vocational school district.	422

(H) Individual test scores on any tests administered under	423
this section shall be released by a district board only in	424
accordance with section 3319.321 of the Revised Code and the rules	425
adopted under division (A) of this section. No district board or	426
its employees shall utilize individual or aggregate test results	427
in any manner that conflicts with rules for the ethical use of	428
tests adopted pursuant to division (A) of this section.	429

(I) Except as provided in division (G) of this section, the	430
department or an entity with which the department contracts for	431
the scoring of the test shall not release any individual test	432
scores on any test administered under this section. The state	433
board of education shall adopt rules to ensure the protection of	434
student confidentiality at all times. The rules may require the	435
use of the data verification codes assigned to students pursuant	436
to division (D)(2) of section 3301.0714 of the Revised Code to	437
protect the confidentiality of student test scores.	438

(J) Notwithstanding division (D) of section 3311.52 of the	439
Revised Code, this section does not apply to the board of	440
education of any cooperative education school district except as	441
provided under rules adopted pursuant to this division.	442

(1) In accordance with rules that the state board of	443
education shall adopt, the board of education of any city,	444
exempted village, or local school district with territory in a	445
cooperative education school district established pursuant to	446
divisions (A) to (C) of section 3311.52 of the Revised Code may	447
enter into an agreement with the board of education of the	448
cooperative education school district for administering any test	449
prescribed under this section to students of the city, exempted	450
village, or local school district who are attending school in the	451
cooperative education school district.	452

(2) In accordance with rules that the state board of	453
education shall adopt, the board of education of any city,	454
exempted village, or local school district with territory in a	455
cooperative education school district established pursuant to	456
section 3311.521 of the Revised Code shall enter into an agreement	457
with the cooperative district that provides for the administration	458
of any test prescribed under this section to both of the	459
following:	460

(a) Students who are attending school in the cooperative	461
district and who, if the cooperative district were not	462
established, would be entitled to attend school in the city,	463
local, or exempted village school district pursuant to section	464
3313.64 or 3313.65 of the Revised Code;	465

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

466

Any testing of students pursuant to such an agreement shall	467
be in lieu of any testing of such students or persons pursuant to	468
this section.	469

(K)(1) Any chartered nonpublic school may participate in the	470
testing program by administering any of the tests prescribed by	471
section 3301.0710 or 3301.0712 of the Revised Code if the chief	472
administrator of the school specifies which tests the school	473
wishes to administer. Such specification shall be made in writing	474
to the superintendent of public instruction prior to the first day	475
of August of any school year in which tests are administered and	476
shall include a pledge that the nonpublic school will administer	477
the specified tests in the same manner as public schools are	478
required to do under this section and rules adopted by the	479
department.	480

(2) The department of education shall furnish the tests	481
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	482
to any chartered nonpublic school electing to participate under	483
this division.	484

(L)(1) The superintendent of the state school for the blind	485
and the superintendent of the state school for the deaf shall	486
administer the tests described by section 3301.0710 of the Revised	487
Code. Each superintendent shall administer the tests in the same	488
manner as district boards are required to do under this section	489
and rules adopted by the department of education and in conformity	490
with division (C)(1)(a) of this section.	491

(2) The department of education shall furnish the tests	492
described by section 3301.0710 of the Revised Code to each	493
superintendent.	494

(M) Notwithstanding division (E) of this section, a school	495
district may use a student's failure to attain a score in at least	496
the basic range on the mathematics test described by division	497
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	498
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	499
of section 3301.0710 of the Revised Code as a factor in retaining	500
that student in the current grade level.	501

(N)(1) In the manner specified in divisions (N)(3) to (5) of	502
this section, the tests required by section 3301.0710 of the	503
Revised Code shall become public records pursuant to section	504
149.43 of the Revised Code on the first day of July following the	505
school year that the test was administered, except that the	506
reading test prescribed under division (A)(1)(a) of section	507
3301.0710 of the Revised Code shall become a public record on the	508
sixteenth day of July following the school year that the test was	509
administered.	510

(2) The department may field test proposed test questions	511
with samples of students to determine the validity, reliability,	512
or appropriateness of test questions for possible inclusion in a	513
future year's test. The department also may use anchor questions	514
on tests to ensure that different versions of the same test are of	515
comparable difficulty.	516

Field test questions and anchor questions shall not be	517
considered in computing test scores for individual students. Field	518
test questions and anchor questions may be included as part of the	519
administration of any test required by section 3301.0710 of the	520
Revised Code.	521

(3) Any field test question or anchor question administered	522
under division (N)(2) of this section shall not be a public	523
record. Such field test questions and anchor questions shall be	524
redacted from any tests which are released as a public record	525
pursuant to division (N)(1) of this section.	526

(4) This division applies to the tests prescribed by division	527
(A) of section 3301.0710 of the Revised Code.	528

(a) The first administration of each test, as specified in	529
section 3301.0712 of the Revised Code, shall be a public record.	530

(b) For subsequent administrations of each test, not less	531
than forty per cent of the questions on the test that are used to	532
compute a student's score shall be a public record. The department	533
shall determine which questions will be needed for reuse on a	534
future test and those questions shall not be public records and	535
shall be redacted from the test prior to its release as a public	536
record.	537

(5) Each test prescribed by division (B) of section 3301.0710	538
of the Revised Code that is administered in the spring shall be a	539
public record. Each test prescribed by that division that is	540
administered in the fall or summer shall not be a public record.	541

(O) As used in this section:

542

(1) "Three-year average" means the average of the most recent	543
consecutive three school years of data.	544

(2) "Dropout" means a student who withdraws from school	545
before completing course requirements for graduation and who is	546
not enrolled in an education program approved by the state board	547
of education or an education program outside the state. "Dropout"	548
does not include a student who has departed the country.	549

(3) "Graduation rate" means the ratio of students receiving a	550
diploma to the number of students who entered ninth grade four	551
years earlier. Students who transfer into the district are added	552
to the calculation. Students who transfer out of the district for	553
reasons other than dropout are subtracted from the calculation. If	554
a student who was a dropout in any previous year returns to the	555
same school district, that student shall be entered into the	556
calculation as if the student had entered ninth grade four years	557
before the graduation year of the graduating class that the	558
student joins.	559

Sec. 3301.0714.  (A) The state board of education shall adopt	560
rules for a statewide education management information system. The	561
rules shall require the state board to establish guidelines for	562
the establishment and maintenance of the system in accordance with	563
this section and the rules adopted under this section. The	564
guidelines shall include:	565

(1) Standards identifying and defining the types of data in	566
the system in accordance with divisions (B) and (C) of this	567
section;	568

(2) Procedures for annually collecting and reporting the data	569
to the state board in accordance with division (D) of this	570
section;	571

(3) Procedures for annually compiling the data in accordance	572
with division (G) of this section;	573

(4) Procedures for annually reporting the data to the public	574
in accordance with division (H) of this section.	575

(B) The guidelines adopted under this section shall require	576
the data maintained in the education management information system	577
to include at least the following:	578

(1) Student participation and performance data, for each	579
grade in each school district as a whole and for each grade in	580
each school building in each school district, that includes:	581

(a) The numbers of students receiving each category of	582
instructional service offered by the school district, such as	583
regular education instruction, vocational education instruction,	584
specialized instruction programs or enrichment instruction that is	585
part of the educational curriculum, instruction for gifted	586
students, instruction for handicapped students, and remedial	587
instruction. The guidelines shall require instructional services	588
under this division to be divided into discrete categories if an	589
instructional service is limited to a specific subject, a specific	590
type of student, or both, such as regular instructional services	591
in mathematics, remedial reading instructional services,	592
instructional services specifically for students gifted in	593
mathematics or some other subject area, or instructional services	594
for students with a specific type of handicap. The categories of	595
instructional services required by the guidelines under this	596
division shall be the same as the categories of instructional	597
services used in determining cost units pursuant to division	598
(C)(3) of this section.	599

(b) The numbers of students receiving support or	600
extracurricular services for each of the support services or	601
extracurricular programs offered by the school district, such as	602
counseling services, health services, and extracurricular sports	603
and fine arts programs. The categories of services required by the	604
guidelines under this division shall be the same as the categories	605
of services used in determining cost units pursuant to division	606
(C)(4)(a) of this section.	607

(c) Average student grades in each subject in grades nine	608
through twelve;	609

(d) Academic achievement levels as assessed by the testing of	610
student achievement under sections 3301.0710 and 3301.0711 of the	611
Revised Code;	612

(e) The number of students designated as having a	613
handicapping condition pursuant to division (C)(1) of section	614
3301.0711 of the Revised Code;	615

(f) The numbers of students reported to the state board	616
pursuant to division (C)(2) of section 3301.0711 of the Revised	617
Code;	618

(g) Attendance rates and the average daily attendance for the	619
year. For purposes of this division, a student shall be counted as	620
present for any field trip that is approved by the school	621
administration.	622

(h) Expulsion rates;

623

(i) Suspension rates;

624

(j) The percentage of students receiving corporal punishment;

625

(k) Dropout rates;

626

(l) Rates of retention in grade;

627

(m) For pupils in grades nine through twelve, the average	628
number of carnegie units, as calculated in accordance with state	629
board of education rules;	630

(n) Graduation rates, to be calculated in a manner specified	631
by the department of education that reflects the rate at which	632
students who were in the ninth grade three years prior to the	633
current year complete school and that is consistent with	634
nationally accepted reporting requirements;	635

(o) Results of diagnostic assessments administered to	636
kindergarten students as required under section 3301.0715 of the	637
Revised Code to permit a comparison of the academic readiness of	638
kindergarten students. However, no district shall be required to	639
report to the department the results of any diagnostic assessment	640
administered to a kindergarten student if the parent of that	641
student requests the district not to report those results.	642

(2) Personnel and classroom enrollment data for each school	643
district, including:	644

(a) The total numbers of licensed employees and nonlicensed	645
employees and the numbers of full-time equivalent licensed	646
employees and nonlicensed employees providing each category of	647
instructional service, instructional support service, and	648
administrative support service used pursuant to division (C)(3) of	649
this section. The guidelines adopted under this section shall	650
require these categories of data to be maintained for the school	651
district as a whole and, wherever applicable, for each grade in	652
the school district as a whole, for each school building as a	653
whole, and for each grade in each school building.	654

(b) The total number of employees and the number of full-time	655
equivalent employees providing each category of service used	656
pursuant to divisions (C)(4)(a) and (b) of this section, and the	657
total numbers of licensed employees and nonlicensed employees and	658
the numbers of full-time equivalent licensed employees and	659
nonlicensed employees providing each category used pursuant to	660
division (C)(4)(c) of this section. The guidelines adopted under	661
this section shall require these categories of data to be	662
maintained for the school district as a whole and, wherever	663
applicable, for each grade in the school district as a whole, for	664
each school building as a whole, and for each grade in each school	665
building.	666

(c) The total number of regular classroom teachers teaching	667
classes of regular education and the average number of pupils	668
enrolled in each such class, in each of grades kindergarten	669
through five in the district as a whole and in each school	670
building in the school district.	671

(d) The number of master teachers employed by each school	672
district and each school building, once a definition of master	673
teacher has been developed by the educator standards board	674
pursuant to section 3319.61 of the Revised Code.	675

(3)(a) Student demographic data for each school district,	676
including information regarding the gender ratio of the school	677
district's pupils, the racial make-up of the school district's	678
pupils, the number of limited English proficient students in the	679
district, and an appropriate measure of the number of the school	680
district's pupils who reside in economically disadvantaged	681
households. The demographic data shall be collected in a manner to	682
allow correlation with data collected under division (B)(1) of	683
this section. Categories for data collected pursuant to division	684
(B)(3) of this section shall conform, where appropriate, to	685
standard practices of agencies of the federal government.	686

(b) With respect to each student entering kindergarten,	687
whether the student previously participated in a public preschool	688
program, a private preschool program, or a head start program, and	689
the number of years the student participated in each of these	690
programs.	691

(4) Any data required to be collected pursuant to federal	692
law.	693

(C) The education management information system shall include	694
cost accounting data for each district as a whole and for each	695
school building in each school district. The guidelines adopted	696
under this section shall require the cost data for each school	697
district to be maintained in a system of mutually exclusive cost	698
units and shall require all of the costs of each school district	699
to be divided among the cost units. The guidelines shall require	700
the system of mutually exclusive cost units to include at least	701
the following:	702

(1) Administrative costs for the school district as a whole.	703
The guidelines shall require the cost units under this division	704
(C)(1) to be designed so that each of them may be compiled and	705
reported in terms of average expenditure per pupil in formula ADM	706
in the school district, as determined pursuant to section 3317.03	707
of the Revised Code.	708

(2) Administrative costs for each school building in the	709
school district. The guidelines shall require the cost units under	710
this division (C)(2) to be designed so that each of them may be	711
compiled and reported in terms of average expenditure per	712
full-time equivalent pupil receiving instructional or support	713
services in each building.	714

(3) Instructional services costs for each category of	715
instructional service provided directly to students and required	716
by guidelines adopted pursuant to division (B)(1)(a) of this	717
section. The guidelines shall require the cost units under	718
division (C)(3) of this section to be designed so that each of	719
them may be compiled and reported in terms of average expenditure	720
per pupil receiving the service in the school district as a whole	721
and average expenditure per pupil receiving the service in each	722
building in the school district and in terms of a total cost for	723
each category of service and, as a breakdown of the total cost, a	724
cost for each of the following components:	725

(a) The cost of each instructional services category required	726
by guidelines adopted under division (B)(1)(a) of this section	727
that is provided directly to students by a classroom teacher;	728

(b) The cost of the instructional support services, such as	729
services provided by a speech-language pathologist, classroom	730
aide, multimedia aide, or librarian, provided directly to students	731
in conjunction with each instructional services category;	732

(c) The cost of the administrative support services related	733
to each instructional services category, such as the cost of	734
personnel that develop the curriculum for the instructional	735
services category and the cost of personnel supervising or	736
coordinating the delivery of the instructional services category.	737

(4) Support or extracurricular services costs for each	738
category of service directly provided to students and required by	739
guidelines adopted pursuant to division (B)(1)(b) of this section.	740
The guidelines shall require the cost units under division (C)(4)	741
of this section to be designed so that each of them may be	742
compiled and reported in terms of average expenditure per pupil	743
receiving the service in the school district as a whole and	744
average expenditure per pupil receiving the service in each	745
building in the school district and in terms of a total cost for	746
each category of service and, as a breakdown of the total cost, a	747
cost for each of the following components:	748

(a) The cost of each support or extracurricular services	749
category required by guidelines adopted under division (B)(1)(b)	750
of this section that is provided directly to students by a	751
licensed employee, such as services provided by a guidance	752
counselor or any services provided by a licensed employee under a	753
supplemental contract;	754

(b) The cost of each such services category provided directly	755
to students by a nonlicensed employee, such as janitorial	756
services, cafeteria services, or services of a sports trainer;	757

(c) The cost of the administrative services related to each	758
services category in division (C)(4)(a) or (b) of this section,	759
such as the cost of any licensed or nonlicensed employees that	760
develop, supervise, coordinate, or otherwise are involved in	761
administering or aiding the delivery of each services category.	762

(D)(1) The guidelines adopted under this section shall	763
require school districts to collect information about individual	764
students, staff members, or both in connection with any data	765
required by division (B) or (C) of this section or other reporting	766
requirements established in the Revised Code. The guidelines may	767
also require school districts to report information about	768
individual staff members in connection with any data required by	769
division (B) or (C) of this section or other reporting	770
requirements established in the Revised Code. The guidelines shall	771
not authorize school districts to request social security numbers	772
of individual students. The guidelines shall prohibit the	773
reporting under this section of a student's name, address, and	774
social security number to the state board of education or the	775
department of education. The guidelines shall also prohibit the	776
reporting under this section of any personally identifiable	777
information about any student, except for the purpose of assigning	778
the data verification code required by division (D)(2) of this	779
section, to any other person unless such person is employed by the	780
school district or the data acquisition site operated under	781
section 3301.075 of the Revised Code and is authorized by the	782
district or acquisition site to have access to such information or	783
is employed by an entity with which the department contracts for	784
the scoring of tests administered under section 3301.0711 or	785
3301.0712 of the Revised Code. The guidelines may require school	786
districts to provide the social security numbers of individual	787
staff members.	788

(2) The guidelines shall provide for each school district or	789
community school to assign a data verification code that is unique	790
on a statewide basis over time to each student whose initial Ohio	791
enrollment is in that district or school and to report all	792
required individual student data for that student utilizing such	793
code. The guidelines shall also provide for assigning data	794
verification codes to all students enrolled in districts or	795
community schools on the effective date of the guidelines	796
established under this section.	797

Individual student data shall be reported to the department	798
through the data acquisition sites utilizing the code but, except	799
as provided in section 3310.11 of the Revised Code, at no time	800
shall the state board or the department have access to information	801
that would enable any data verification code to be matched to	802
personally identifiable student data.	803

Each school district shall ensure that the data verification	804
code is included in the student's records reported to any	805
subsequent school district or community school in which the	806
student enrolls. Any such subsequent district or school shall	807
utilize the same identifier in its reporting of data under this	808
section.	809

The director of health shall request and receive, pursuant to	810
sections 3301.0723 and 3701.62 of the Revised Code, a data	811
verification code for a child who is receiving services under	812
division (A)(2) of section 3701.61 of the Revised Code.	813

(E) The guidelines adopted under this section may require	814
school districts to collect and report data, information, or	815
reports other than that described in divisions (A), (B), and (C)	816
of this section for the purpose of complying with other reporting	817
requirements established in the Revised Code. The other data,	818
information, or reports may be maintained in the education	819
management information system but are not required to be compiled	820
as part of the profile formats required under division (G) of this	821
section or the annual statewide report required under division (H)	822
of this section.	823

(F) Beginning with the school year that begins July 1, 1991,	824
the board of education of each school district shall annually	825
collect and report to the state board, in accordance with the	826
guidelines established by the board, the data required pursuant to	827
this section. A school district may collect and report these data	828
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	829

(G) The state board shall, in accordance with the procedures	830
it adopts, annually compile the data reported by each school	831
district pursuant to division (D) of this section. The state board	832
shall design formats for profiling each school district as a whole	833
and each school building within each district and shall compile	834
the data in accordance with these formats. These profile formats	835
shall:	836

(1) Include all of the data gathered under this section in a	837
manner that facilitates comparison among school districts and	838
among school buildings within each school district;	839

(2) Present the data on academic achievement levels as	840
assessed by the testing of student achievement maintained pursuant	841
to division (B)(1)(d) of this section.	842

(H)(1) The state board shall, in accordance with the	843
procedures it adopts, annually prepare a statewide report for all	844
school districts and the general public that includes the profile	845
of each of the school districts developed pursuant to division (G)	846
of this section. Copies of the report shall be sent to each school	847
district.	848

(2) The state board shall, in accordance with the procedures	849
it adopts, annually prepare an individual report for each school	850
district and the general public that includes the profiles of each	851
of the school buildings in that school district developed pursuant	852
to division (G) of this section. Copies of the report shall be	853
sent to the superintendent of the district and to each member of	854
the district board of education.	855

(3) Copies of the reports received from the state board under	856
divisions (H)(1) and (2) of this section shall be made available	857
to the general public at each school district's offices. Each	858
district board of education shall make copies of each report	859
available to any person upon request and payment of a reasonable	860
fee for the cost of reproducing the report. The board shall	861
annually publish in a newspaper of general circulation in the	862
school district, at least twice during the two weeks prior to the	863
week in which the reports will first be available, a notice	864
containing the address where the reports are available and the	865
date on which the reports will be available.	866

(I) Any data that is collected or maintained pursuant to this	867
section and that identifies an individual pupil is not a public	868
record for the purposes of section 149.43 of the Revised Code.	869

(J) As used in this section:

870

(1) "School district" means any city, local, exempted	871
village, or joint vocational school district.	872

(2) "Cost" means any expenditure for operating expenses made	873
by a school district excluding any expenditures for debt	874
retirement except for payments made to any commercial lending	875
institution for any loan approved pursuant to section 3313.483 of	876
the Revised Code.	877

(K) Any person who removes data from the information system	878
established under this section for the purpose of releasing it to	879
any person not entitled under law to have access to such	880
information is subject to section 2913.42 of the Revised Code	881
prohibiting tampering with data.	882

(L) Any time the department of education determines that a	883
school district has taken any of the actions described under	884
division (L)(1), (2), or (3) of this section, it shall make a	885
report of the actions of the district, send a copy of the report	886
to the superintendent of such school district, and maintain a copy	887
of the report in its files:	888

(1) The school district fails to meet any deadline	889
established pursuant to this section for the reporting of any data	890
to the education management information system;	891

(2) The school district fails to meet any deadline	892
established pursuant to this section for the correction of any	893
data reported to the education management information system;	894

(3) The school district reports data to the education	895
management information system in a condition, as determined by the	896
department, that indicates that the district did not make a good	897
faith effort in reporting the data to the system.	898

Any report made under this division shall include	899
recommendations for corrective action by the school district.	900

Upon making a report for the first time in a fiscal year, the	901
department shall withhold ten per cent of the total amount due	902
during that fiscal year under Chapter 3317. of the Revised Code to	903
the school district to which the report applies. Upon making a	904
second report in a fiscal year, the department shall withhold an	905
additional twenty per cent of such total amount due during that	906
fiscal year to the school district to which the report applies.	907
The department shall not release such funds unless it determines	908
that the district has taken corrective action. However, no such	909
release of funds shall occur if the district fails to take	910
corrective action within forty-five days of the date upon which	911
the report was made by the department.	912

(M) No data acquisition site or school district shall	913
acquire, change, or update its student administration software	914
package to manage and report data required to be reported to the	915
department unless it converts to a student software package that	916
is certified by the department.	917

(N) The state board of education, in accordance with sections	918
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	919
license as defined under division (A) of section 3319.31 of the	920
Revised Code that has been issued to any school district employee	921
found to have willfully reported erroneous, inaccurate, or	922
incomplete data to the education management information system.	923

(O) No person shall release or maintain any information about	924
any student in violation of this section. Whoever violates this	925
division is guilty of a misdemeanor of the fourth degree.	926

(P) The department shall disaggregate the data collected	927
under division (B)(1)(o) of this section according to the race and	928
socioeconomic status of the students assessed. No data collected	929
under that division shall be included on the report cards required	930
by section 3302.03 of the Revised Code.	931

(Q) If the department cannot compile any of the information	932
required by division (C)(5) of section 3302.03 of the Revised Code	933
based upon the data collected under this section, the department	934
shall develop a plan and a reasonable timeline for the collection	935
of any data necessary to comply with that division.	936

Sec. 3301.0715.  (A) Except as provided in division (E) of	937
this section, the board of education of each city, local, and	938
exempted village school district shall administer each applicable	939
diagnostic assessment developed and provided to the district in	940
accordance with section 3301.079 of the Revised Code to the	941
following:	942

(1) Each student enrolled in a building subject to division	943
(E) of section 3302.04 of the Revised Code;	944

(2) Any student who transfers into the district or to a	945
different school within the district if each applicable diagnostic	946
assessment was not administered by the district or school the	947
student previously attended in the current school year, within	948
thirty days after the date of transfer. If the district or school	949
into which the student transfers cannot determine whether the	950
student has taken any applicable diagnostic assessment in the	951
current school year, the district or school may administer the	952
diagnostic assessment to the student.	953

(3) Each kindergarten student, not laterearlier than six	954
four weeks afterprior to the first day of school and not later	955
than the first day of October. For the purpose of division (A)(3)	956
of this section, the district shall administer the kindergarten	957
readiness assessment provided by the department of education. The	958
district may administer the readiness assessment to a student	959
prior to the student's enrollment in kindergarten, but inIn no	960
case shall the results of the readiness assessment be used to	961
prohibit thea student from enrolling in kindergarten.	962

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

963

(B) Each district board shall administer each diagnostic	964
assessment as the board deems appropriate. However, the board	965
shall administer any diagnostic assessment at least once annually	966
to all students in the appropriate grade level. A district board	967
may administer any diagnostic assessment in the fall and spring of	968
a school year to measure the amount of academic growth	969
attributable to the instruction received by students during that	970
school year.	971

(C) Each district board shall utilize and score any	972
diagnostic assessment administered under division (A) of this	973
section in accordance with rules established by the department.	974
Except as required by division (B)(1)(o) of section 3301.0714 of	975
the Revised Code, neither the state board of education nor the	976
department shall require school districts to report the results of	977
diagnostic assessments for any students to the department or to	978
make any such results available in any form to the public. After	979
the administration of any diagnostic assessment, each district	980
shall provide a student's completed diagnostic assessment, the	981
results of such assessment, and any other accompanying documents	982
used during the administration of the assessment to the parent of	983
that student upon the parent's request.	984

(D) Each district board shall provide intervention services	985
to students whose diagnostic assessments show that they are	986
failing to make satisfactory progress toward attaining the	987
academic standards for their grade level.	988

(E) Any district that made adequate yearly progress, as	989
defined in section 3302.01 of the Revised Code, in the immediately	990
preceding school year may assess student progress in grades one	991
through three using a diagnostic assessment other than the	992
diagnostic assessment required by division (A) of this section.	993

(F) A district board may administer the third grade writing	994
diagnostic assessment provided to the district in accordance with	995
section 3301.079 of the Revised Code to any student enrolled in a	996
building that is not subject to division (A)(1) of this section.	997
Any district electing to administer the diagnostic assessment to	998
students under this division shall provide intervention services	999
to any such student whose diagnostic assessment shows	1000
unsatisfactory progress toward attaining the academic standards	1001
for the student's grade level.	1002

Sec. 3301.0716. Notwithstanding division (D) of section	1003
3301.0714 of the Revised Code, the department of education may	1004
have access to personally identifiable information about any	1005
student under the following circumstances:	1006

(A) An entity with which the department contracts for the	1007
scoring of tests administered under section 3301.0711 or 3301.0712	1008
of the Revised Code has notified the department that the student's	1009
written response to a question on such a test included threats or	1010
descriptions of harm to another person or the student's self and	1011
the information is necessary to enable the department to identify	1012
the student for purposes of notifying the school district or	1013
school in which the student is enrolled of the potential for harm.	1014

(B) The department requests the information to respond to an	1015
appeal from a school district or school for verification of the	1016
accuracy of the student's score on a test administered under	1017
section 3301.0711 or 3301.0712 of the Revised Code.	1018

(C) The department requests the information to determine	1019
whether the student satisfies the alternative conditions for a	1020
high school diploma prescribed in section 3313.615 of the Revised	1021
Code.	1022

Sec. 3301.0723.  (A) The independent contractor engaged by	1023
the department of education to create and maintain for school	1024
districts and community schools the student data verification	1025
codes required by division (D)(2) of section 3301.0714 of the	1026
Revised Code shall, upon request of the director of health under	1027
section 3701.62 of the Revised Code, assign a data verification	1028
code to a child who is receiving services under division (A)(2) of	1029
section 3701.61 of the Revised Code. The contractor shall provide	1030
that code to the director, who shall submit it, as specified in	1031
section 3701.62 of the Revised Code, to the public school in which	1032
the child will be enrolled for special education and related	1033
services under Chapter 3323. of the Revised Code.	1034

(B) A public school that receives a data verification code	1035
for a child from the director of health shall not request or	1036
assign to that child another data verification code under division	1037
(D)(2) of section 3301.0714 of the Revised Code. That school and	1038
any other public school in which the child subsequently enrolls	1039
shall use the data verification code provided by the director to	1040
report data relative to that student that is required under	1041
section 3301.0714 of the Revised Code.	1042

Sec. 3301.22.  The state board of education shall develop a	1043
model policy to prohibit harassment, intimidation, or bullying in	1044
order to assist school districts in developing their own policies	1045
under section 3313.666 of the Revised Code. The board shall issue	1046
the model policy within six months after the effective date of	1047
this section.	1048

Sec. 3302.03.  (A) Annually the department of education shall	1049
report for each school district and each school building in a	1050
district all of the following:	1051

(1) The extent to which the school district or building meets	1052
each of the applicable performance indicators created by the state	1053
board of education under section 3302.02 of the Revised Code and	1054
the number of applicable performance indicators that have been	1055
achieved;	1056

(2) The performance index score of the school district or	1057
building;	1058

(3) Whether the school district or building has made adequate	1059
yearly progress;	1060

(4) Whether the school district or building is excellent,	1061
effective, needs continuous improvement, is under an academic	1062
watch, or is in a state of academic emergency.	1063

(B) Except as otherwise provided in division (B)(6) of this	1064
section:	1065

(1) A school district or building shall be declared excellent	1066
if it fulfills one of the following requirements:	1067

(a) It makes adequate yearly progress and either meets at	1068
least ninety-four per cent of the applicable state performance	1069
indicators or has a performance index score established by the	1070
department.	1071

(b) It has failed to make adequate yearly progress for not	1072
more than two consecutive years and either meets at least	1073
ninety-four per cent of the applicable state performance	1074
indicators or has a performance index score established by the	1075
department.	1076

(2) A school district or building shall be declared effective	1077
if it fulfills one of the following requirements:	1078

(a) It makes adequate yearly progress and either meets at	1079
least seventy-five per cent but less than ninety-four per cent of	1080
the applicable state performance indicators or has a performance	1081
index score established by the department.	1082

(b) It does not make adequate yearly progress and either	1083
meets at least seventy-five per cent of the applicable state	1084
performance indicators or has a performance index score	1085
established by the department, except that if it does not make	1086
adequate yearly progress for three consecutive years, it shall be	1087
declared in need of continuous improvement.	1088

(3) A school district or building shall be declared to be in	1089
need of continuous improvement if it fulfills one of the following	1090
requirements:	1091

(a) It makes adequate yearly progress, meets less than	1092
seventy-five per cent of the applicable state performance	1093
indicators, and has a performance index score established by the	1094
department.	1095

(b) It does not make adequate yearly progress and either	1096
meets at least fifty per cent but less than seventy-five per cent	1097
of the applicable state performance indicators or has a	1098
performance index score established by the department.	1099

(4) A school district or building shall be declared to be	1100
under an academic watch if it does not make adequate yearly	1101
progress and either meets at least thirty-one per cent but less	1102
than fifty per cent of the applicable state performance indicators	1103
or has a performance index score established by the department.	1104

(5) A school district or building shall be declared to be in	1105
a state of academic emergency if it does not make adequate yearly	1106
progress, does not meet at least thirty-one per cent of the	1107
applicable state performance indicators, and has a performance	1108
index score established by the department.	1109

(6) When designating performance ratings for school districts	1110
and buildings under divisions (B)(1) to (5) of this section, the	1111
department shall not assign a school district or building a lower	1112
designation from its previous year's designation based solely on	1113
one subgroup not making adequate yearly progress.	1114

(C)(1) The department shall issue annual report cards for	1115
each school district, each building within each district, and for	1116
the state as a whole reflecting performance on the indicators	1117
created by the state board under section 3302.02 of the Revised	1118
Code, the performance index score, and adequate yearly progress.	1119

(2) The department shall include on the report card for each	1120
district information pertaining to any change from the previous	1121
year made by the school district or school buildings within the	1122
district on any performance indicator.	1123

(3) When reporting data on student performance, the	1124
department shall disaggregate that data according to the following	1125
categories:	1126

(a) Performance of students by age group;

1127

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

1128

(c) Performance of students by gender;

1129

(d) Performance of students grouped by those who have been	1130
enrolled in a district or school for three or more years;	1131

(e) Performance of students grouped by those who have been	1132
enrolled in a district or school for more than one year and less	1133
than three years;	1134

(f) Performance of students grouped by those who have been	1135
enrolled in a district or school for one year or less;	1136

(g) Performance of students grouped by those who are	1137
economically disadvantaged;	1138

(h) Performance of students grouped by those who are enrolled	1139
in a conversion community school established under Chapter 3314.	1140
of the Revised Code;	1141

(i) Performance of students grouped by those who are	1142
classified as limited English proficient;	1143

(j) Performance of students grouped by those who have	1144
disabilities;	1145

(k) Performance of students grouped by those who are	1146
classified as migrants;	1147

(l) Performance of students grouped by those who are	1148
identified as gifted pursuant to Chapter 3324. of the Revised	1149
Code.	1150

The department may disaggregate data on student performance	1151
according to other categories that the department determines are	1152
appropriate. To the extent possible, the department shall	1153
disaggregate data on student performance according to any	1154
combinations of two or more of the categories listed in divisions	1155
(C)(3)(a) to (l) of this section that it deems relevant.	1156

In reporting data pursuant to division (C)(3) of this	1157
section, the department shall not include in the report cards any	1158
data statistical in nature that is statistically unreliable or	1159
that could result in the identification of individual students.	1160
For this purpose, the department shall not report student	1161
performance data for any group identified in division (C)(3) of	1162
this section that contains less than ten students.	1163

(4) The department may include with the report cards any	1164
additional education and fiscal performance data it deems	1165
valuable.	1166

(5) The department shall include on each report card a list	1167
of additional information collected by the department that is	1168
available regarding the district or building for which the report	1169
card is issued. When available, such additional information shall	1170
include student mobility data disaggregated by race and	1171
socioeconomic status, college enrollment data, and the reports	1172
prepared under section 3302.031 of the Revised Code.	1173

The department shall maintain a site on the world wide web.	1174
The report card shall include the address of the site and shall	1175
specify that such additional information is available to the	1176
public at that site. The department shall also provide a copy of	1177
each item on the list to the superintendent of each school	1178
district. The district superintendent shall provide a copy of any	1179
item on the list to anyone who requests it.	1180

(6)(a) This division does not apply to conversion community	1181
schools that primarily enroll students between sixteen and	1182
twenty-two years of age who dropped out of high school or are at	1183
risk of dropping out of high school due to poor attendance,	1184
disciplinary problems, or suspensions.	1185

For any district that sponsors a conversion community school	1186
under Chapter 3314. of the Revised Code, the department shall	1187
combine data regarding the academic performance of students	1188
enrolled in the community school with comparable data from the	1189
schools of the district for the purpose of calculating the	1190
performance of the district as a whole on the report card issued	1191
for the district.	1192

(b) Any district that leases a building to a community school	1193
located in the district or that enters into an agreement with a	1194
community school located in the district whereby the district and	1195
the school endorse each other's programs may elect to have data	1196
regarding the academic performance of students enrolled in the	1197
community school combined with comparable data from the schools of	1198
the district for the purpose of calculating the performance of the	1199
district as a whole on the district report card. Any district that	1200
so elects shall annually file a copy of the lease or agreement	1201
with the department.	1202

(7) The department shall include on each report card the	1203
percentage of teachers in the district or building who are highly	1204
qualified, as defined by the "No Child Left Behind Act of 2001,"	1205
and a comparison of that percentage with the percentages of such	1206
teachers in similar districts and buildings.	1207

(8) The department shall include on the report card the	1208
number of master teachers employed by each district and each	1209
building once the data is available from the education management	1210
information system established under section 3301.0714 of the	1211
Revised Code.	1212

(D)(1) In calculating reading, writing, mathematics, social	1213
studies, or science proficiency or achievement test passage rates	1214
used to determine school district or building performance under	1215
this section, the department shall include all students taking a	1216
test with accommodation or to whom an alternate assessment is	1217
administered pursuant to division (C)(1) or (3) of section	1218
3301.0711 of the Revised Code.	1219

(2) In calculating performance index scores, rates of	1220
achievement on the performance indicators established by the state	1221
board under section 3302.02 of the Revised Code, and adequate	1222
yearly progress for school districts and buildings under this	1223
section, the department shall do all of the following:	1224

(a) Include for each district or building only those students	1225
who are included in the ADM certified for the first full school	1226
week of October and are continuously enrolled in the district or	1227
building through the time of the spring administration of any test	1228
prescribed by section 3301.0710 of the Revised Code that is	1229
administered to the student's grade level;	1230

(b) Include cumulative totals from both the fall and spring	1231
administrations of the third grade reading achievement test;	1232

(c) Except as required by the "No Child Left Behind Act of	1233
2001" for the calculation of adequate yearly progress, exclude for	1234
each district or building any limited English proficient student	1235
who has been enrolled in United States schools for less than one	1236
full school year.	1237

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

1238

(1) "Licensed individual" means an individual who holds a	1239
valid educator license, certificate, or permit issued by the state	1240
board of education under section 3319.22, 3319.26, 3319.27,	1241
3319.302, or 3319.304 of the Revised Code.	1242

(2) "Nonlicensed individual" means an individual who does not	1243
hold a valid educator license, certificate, or permit issued by	1244
the state board of education under section 3319.22, 3319.26,	1245
3319.27, 3319.302, or 3319.304 of the Revised Code.	1246

(B) The board of education of any city, exempted village, or	1247
local school district may establish and maintain in connection	1248
with the public school systems:	1249

(1) Manual training, industrial arts, domestic science, and	1250
commercial departments;	1251

(2) Agricultural, industrial, vocational, and trades schools.

1252

Such board may pay from the public school funds, as other	1253
school expenses are paid, the expenses of establishing and	1254
maintaining such departments and schools and of directing,	1255
supervising, and coaching the pupil-activity programs in music,	1256
language, arts, speech, government, athletics, and any others	1257
directly related to the curriculum.	1258

(C) The board of education of any city, exempted village, or	1259
local school district may employ a nonlicensed individual to	1260
direct, supervise, or coach a pupil-activity program as long as	1261
that individual holds a valid pupil-activity program permit issued	1262
by the state board of education under division (A) of section	1263
3319.303 of the Revised Code.	1264

(D) A(1) Except as provided in division (D)(2) of this	1265
section, a nonlicensed individual who holds a valid pupil-activity	1266
program permit may be employed under division (C) of this section	1267
only after the school district's board of education adopts a	1268
resolution stating that it has offered such position to those	1269
employees of the district who are licensed individuals and no such	1270
employee qualified to fill the position has accepted it, and has	1271
then advertised the position as available to any licensed	1272
individual who is qualified to fill it and who is not employed by	1273
the board, and no such person has applied for and accepted the	1274
position. A	1275

(2) A board of education may renew the contract of any	1276
nonlicensed individual, currently employed by the board under	1277
division (C) of this section for one or more years, without first	1278
offering the position held by that individual to employees of the	1279
district who are licensed individuals or advertising the position	1280
as available to any qualified licensed individuals who are not	1281
currently employed by the board as otherwise required under	1282
division (D)(1) of this section.	1283

(E) A nonlicensed individual so employed under this section	1284
is a nonteaching employee and is not an educational assistant as	1285
defined in section 3319.088 of the Revised Code. As used in this	1286
division and division (C) ofA nonlicensed individual may direct,	1287
supervise, or coach a pupil-activity program under this section,	1288
as long as that pupil-activity program does not include any class	1289
or course required or offered for credit toward a pupil's	1290
promotion to the next grade or for graduation, or any activity	1291
conducted as a part of or required for such a class or course. A	1292
nonlicensed individual employed under this section may perform	1293
only the duties of the director, supervisor, or coach of the	1294
pupil-activity program for which the nonlicensed individual is	1295
employed.	1296

(F) The board shall fix the compensation of theeach	1297
nonlicensed individual so employed under this section, which shall	1298
be the same amount as the position was or would be offered to the	1299
district's licensed employees, and execute a written contract with	1300
the nonlicensed individual for a term not to exceed one year. The	1301
contract shall specify the compensation, duration, and other terms	1302
of employment, and the compensation shall not be reduced unless	1303
such reduction is a part of a uniform plan affecting the entire	1304
district.	1305

If the state board suspends, revokes, or limits the	1306
pupil-activity program permit of a nonlicensed individual, the	1307
school district board may terminate or suspend the employment	1308
contract of that individual. Otherwise, no contract issued under	1309
this section shall be terminated or suspended except pursuant to	1310
the procedure established by division (C) of section 3319.081 of	1311
the Revised Code.	1312

Sec. 3313.608.  (A) Beginning with students who enter third	1313
grade in the school year that starts July 1, 2003, for any student	1314
who attains a score in the range designated under division	1315
(A)(2)(e) of section 3301.0710 of the Revised Code on the test	1316
prescribed under that section to measure skill in reading expected	1317
at the end of third grade, each school district, in accordance	1318
with the policy adopted under section 3313.609 of the Revised	1319
Code, shall do one of the following:	1320

(1) Promote the student to fourth grade if the student's	1321
principal and reading teacher agree that other evaluations of the	1322
student's skill in reading demonstrate that the student is	1323
academically prepared to be promoted to fourth grade;	1324

(2) Promote the student to fourth grade but provide the	1325
student with intensive intervention services in fourth grade;	1326

(3) Retain the student in third grade.

1327

(B)(1) To assist students in meeting this third grade	1328
guarantee established by this section, each school district shall	1329
adopt policies and procedures with which it shall annually assess	1330
the reading skills of each student at the end of first and second	1331
grade and identify students who are reading below their grade	1332
level. If the diagnostic assessment to measure reading ability for	1333
the appropriate grade level has been developed in accordance with	1334
division (D)(1) of section 3301.079 of the Revised Code, each	1335
school district shall use such diagnostic assessment to identify	1336
such students, except that any district to which division (E) of	1337
section 3301.0715 of the Revised Code applies may use another	1338
assessment to identify such students. The policies and procedures	1339
shall require the students' classroom teachers to be involved in	1340
the assessment and the identification of students reading below	1341
grade level. The district shall notify the parent or guardian of	1342
each student whose reading skills are below grade level and, in	1343
accordance with division (C) of this section, provide intervention	1344
services to each student reading below grade level. Such	1345
intervention services shall include instruction in intensive,	1346
systematic phonetics pursuant to rules adopted by the state board	1347
of education.	1348

(2) For each student entering third grade after July 1, 2003,	1349
who does not attain by the end of the third grade at least a score	1350
in the range designated under division (A)(2)(c) of section	1351
3301.0710 of the Revised Code on the test prescribed under that	1352
section to measure skill in reading expected at the end of third	1353
grade, the district also shall offer intense remediation services,	1354
and another opportunity to take that test, during the summer	1355
following third grade.	1356

(C) For each student required to be offered intervention	1357
services under this section, the district shall involve the	1358
student's parent or guardian and classroom teacher in developing	1359
the intervention strategy, and shall offer to the parent or	1360
guardian the opportunity to be involved in the intervention	1361
services.	1362

(D) Any summer remediation services funded in whole or in	1363
part by the state and offered by school districts to students	1364
under this section shall meet the following conditions:	1365

(1) The remediation methods are based on reliable educational	1366
research.	1367

(2) The school districts conduct testing before and after	1368
students participate in the program to facilitate monitoring	1369
results of the remediation services.	1370

(3) The parents of participating students are involved in	1371
programming decisions.	1372

(4) The services are conducted in a school building or	1373
community center and not on an at-home basis.	1374

(E) This section does not create a new cause of action or a	1375
substantive legal right for any person.	1376

Sec. 3313.614.  (A) As used in this section, a person	1377
"fulfills the curriculum requirement for a diploma" at the time	1378
one of the following conditions is satisfied:	1379

(1) The person successfully completes the high school	1380
curriculum of a school district, a community school, a chartered	1381
nonpublic school, or a correctional institution.	1382

(2) The person successfully completes the individualized	1383
education program developed for the person under section 3323.08	1384
of the Revised Code.	1385

(3) A board of education issues its determination under	1386
section 3313.611 of the Revised Code that the person qualifies as	1387
having successfully completed the curriculum required by the	1388
district.	1389

(B) This division specifies the testing requirements that	1390
must be fulfilled as a condition toward granting high school	1391
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1392
of the Revised Code.	1393

(1) A person who fulfills the curriculum requirement for a	1394
diploma before September 15, 2000, is not required to pass any	1395
proficiency test or achievement test in science as a condition to	1396
receiving a diploma.	1397

(2) Except as provided in division (B)(3) of this section, a	1398
A person who fulfills the curriculum requirement for a diploma	1399
prior to September 15, 2006began ninth grade prior to July 1,	1400
2003, is not required to pass the Ohio graduation test in any	1401
subject as a condition to receiving a diploma once the person has	1402
passed the ninth grade proficiency test in the same subject, so	1403
long as the person passed the ninth grade proficiency test prior	1404
to September 15, 2008. However, any such person who passes the	1405
Ohio graduation test in any subject prior to passing the ninth	1406
grade proficiency test in the same subject shall be deemed to have	1407
passed the ninth grade proficiency test in that subject as a	1408
condition to receiving a diploma. For this purpose, the ninth	1409
grade proficiency test in citizenship substitutes for the Ohio	1410
graduation test in social studies. If a person fulfills the	1411
curriculum requirement for a diploma prior to September 15, 2006	1412
began ninth grade prior to July 1, 2003, but does not pass a ninth	1413
grade proficiency test or the Ohio graduation test in a particular	1414
subject before September 15, 2008, and passage of a test in that	1415
subject is a condition for the person to receive a diploma, the	1416
person must pass the Ohio graduation test instead of the ninth	1417
grade proficiency test in that subject to receive a diploma.	1418

(3) A person who begins tenthninth grade on or after July 1,	1419
20042003, in a school district, community school, or chartered	1420
nonpublic school is not eligible to receive a diploma based on	1421
passage of ninth grade proficiency tests. Each such person must	1422
pass Ohio graduation tests to meet the testing requirements	1423
applicable to that person as a condition to receiving a diploma.	1424

(C) This division specifies the curriculum requirement that	1425
shall be completed as a condition toward granting high school	1426
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	1427
of the Revised Code.	1428

(1) A person who is under twenty-two years of age when the	1429
person fulfills the curriculum requirement for a diploma shall	1430
complete the curriculum required by the school district or school	1431
issuing the diploma for the first year that the person originally	1432
enrolled in high school.	1433

(2) Once a person fulfills the curriculum requirement for a	1434
diploma, the person is never required, as a condition of receiving	1435
a diploma, to meet any different curriculum requirements that take	1436
effect pending the person's passage of proficiency or achievement	1437
tests, including changes mandated by section 3313.603 of the	1438
Revised Code, the state board, a school district board of	1439
education, or a governing authority of a community school or	1440
chartered nonpublic school.	1441

Sec. 3313.666.  (A) As used in this section, "harassment,	1442
intimidation, or bullying" means any intentional written, verbal,	1443
or physical act that a student has exhibited toward another	1444
particular student more than once and the behavior both:	1445

(1) Causes mental or physical harm to the other student;

1446

(2) Is sufficiently severe, persistent, or pervasive that it	1447
creates an intimidating, threatening, or abusive educational	1448
environment for the other student.	1449

(B) The board of education of each city, local, exempted	1450
village, and joint vocational school district shall establish a	1451
policy prohibiting harassment, intimidation, or bullying. The	1452
policy shall be developed in consultation with parents, school	1453
employees, school volunteers, students, and community members. The	1454
policy shall include the following:	1455

(1) A statement prohibiting harassment, intimidation, or	1456
bullying of any student on school property or at school-sponsored	1457
events;	1458

(2) A definition of harassment, intimidation, or bullying	1459
that shall include the definition in division (A) of this section;	1460

(3) A procedure for reporting prohibited incidents;

1461

(4) A requirement that school personnel report prohibited	1462
incidents of which they are aware to the school principal or other	1463
administrator designated by the principal;	1464

(5) A requirement that parents or guardians of any student	1465
involved in a prohibited incident be notified and, to the extent	1466
permitted by section 3319.321 of the Revised Code and the "Family	1467
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	1468
U.S.C. 1232q, as amended, have access to any written reports	1469
pertaining to the prohibited incident;	1470

(6) A procedure for documenting any prohibited incident that	1471
is reported;	1472

(7) A procedure for responding to and investigating any	1473
reported incident;	1474

(8) A strategy for protecting a victim from additional	1475
harassment, intimidation, or bullying, and from retaliation	1476
following a report;	1477

(9) A disciplinary procedure for any student guilty of	1478
harassment, intimidation, or bullying, which shall not infringe on	1479
any student's rights under the first amendment to the Constitution	1480
of the United States;	1481

(10) A requirement that the district administration notify	1482
the president of the district board in writing of all reported	1483
incidents.	1484

(C) Each board's policy shall appear in any student	1485
handbooks, and in any of the publications that set forth the	1486
comprehensive rules, procedures, and standards of conduct for	1487
schools and students in the district. Information regarding the	1488
policy shall be incorporated into employee training materials.	1489

(D) A school district employee, student, or volunteer shall	1490
be individually immune from liability in a civil action for	1491
damages arising from reporting an incident in accordance with a	1492
policy adopted pursuant to this section if that person reports an	1493
incident of harassment, intimidation, or bullying promptly in good	1494
faith and in compliance with the procedures as specified in the	1495
policy.	1496

(E) Except as provided in division (D) of this section,	1497
nothing in this section prohibits a victim from seeking redress	1498
under any other provision of the Revised Code or common law that	1499
may apply.	1500

(F) This section does not create a new cause of action or a	1501
substantive legal right for any person.	1502

Sec. 3313.667.  (A) Any school district may form bullying	1503
prevention task forces, programs, and other initiatives involving	1504
volunteers, parents, law enforcement, and community members.	1505

(B) To the extent that state or federal funds are	1506
appropriated for these purposes, each school district shall:	1507

(1) Provide training, workshops, or courses on the district's	1508
harassment, intimidation, or bullying policy adopted pursuant to	1509
section 3313.666 of the Revised Code to school employees and	1510
volunteers who have direct contact with students. Time spent by	1511
school employees in the training, workshops, or courses shall	1512
apply towards any state- or district-mandated continuing education	1513
requirements.	1514

(2) Develop a process for educating students about the	1515
policy.	1516

(C) This section does not create a new cause of action or a	1517
substantive legal right for any person.	1518

Sec. 3314.014. (A) As used in this section, "operator" means	1519
aneither of the following:	1520

(1) An individual or organization that manages the daily	1521
operations of a community school pursuant to a contract between	1522
the operator and the school's governing authority;	1523

(2) A nonprofit organization that provides programmatic	1524
oversight and support to a community school under a contract with	1525
the school's governing authority and that retains the right to	1526
terminate its affiliation with the school if the school fails to	1527
meet the organization's quality standards.	1528

(A)(B)(1) Notwithstanding the limit prescribed by division	1529
(A)(4) of section 3314.013 of the Revised Code, a start-up school	1530
sponsored by an entity described in divisions (C)(1)(b) to (f) of	1531
section 3314.02 of the Revised Code may be established after the	1532
date that limit is reached, provided the school's governing	1533
authority enters into a contract with an operator permitted to	1534
manage the school under division (B)(C) of this section.	1535

(2) Notwithstanding the limit prescribed by division (A)(5)	1536
of section 3314.013 of the Revised Code, a conversion school that	1537
is an internet- or computer-based community school or a start-up	1538
school sponsored by the school district in which the school is or	1539
is proposed to be located may be established after the date that	1540
limit is reached, provided the school's governing authority enters	1541
into a contract with an operator permitted to manage the school	1542
under division (B)(C) of this section. However, a conversion	1543
school that is an internet- or computer-based community school may	1544
be established after that date only if the prohibition prescribed	1545
by division (A)(6) of section 3314.013 of the Revised Code is no	1546
longer in effect.	1547

(B)(C) An operator may enter into contracts with the	1548
governing authorities of community schools established after the	1549
date the limit prescribed by division (A)(4) or (5) of section	1550
3314.013 of the Revised Code, as applicable, is reached, provided	1551
the total number of schools for which the operator enters into	1552
such contracts, excluding conversion schools that are not	1553
internet- or computer-based community schools, does not exceed the	1554
number of community schools managed by the operator in Ohio or	1555
other states on the applicable date that are rated excellent,	1556
effective, or in need of continuous improvement pursuant to	1557
section 3302.03 of the Revised Code or perform comparably to	1558
schools so rated, as determined by the department of education.	1559

(C)(D) Notwithstanding the limit prescribed by division	1560
(A)(4) of section 3314.013 of the Revised Code, after the date the	1561
limit prescribed in that division is reached, the governing	1562
authority of a start-up school sponsored by an entity described in	1563
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	1564
may establish one additional school serving the same grade levels	1565
and providing the same educational program as the current start-up	1566
school and may open that additional school in the 2006-2007 school	1567
year, if both of the following conditions are met:	1568

(1) The governing authority entered into another contract	1569
with the same sponsor or a different sponsor described in	1570
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	1571
and filed a copy of that contract with the superintendent of	1572
public instruction prior to March 15, 2006.	1573

(2) The governing authority's current school satisfies all of	1574
the following conditions:	1575

(a) The school currently is rated as excellent or effective	1576
pursuant to section 3302.03 of the Revised Code.	1577

(b) The school made adequate yearly progress, as defined in	1578
section 3302.01 of the Revised Code, for the previous school year.	1579

(c) The school has been in operation for at least four school	1580
years.	1581

(d) The school is not managed by an operator.

1582

Sec. 3314.03.  A copy of every contract entered into under	1583
this section shall be filed with the superintendent of public	1584
instruction.	1585

(A) Each contract entered into between a sponsor and the	1586
governing authority of a community school shall specify the	1587
following:	1588

(1) That the school shall be established as either of the	1589
following:	1590

(a) A nonprofit corporation established under Chapter 1702.	1591
of the Revised Code, if established prior to April 8, 2003;	1592

(b) A public benefit corporation established under Chapter	1593
1702. of the Revised Code, if established after April 8, 2003;	1594

(2) The education program of the school, including the	1595
school's mission, the characteristics of the students the school	1596
is expected to attract, the ages and grades of students, and the	1597
focus of the curriculum;	1598

(3) The academic goals to be achieved and the method of	1599
measurement that will be used to determine progress toward those	1600
goals, which shall include the statewide achievement tests;	1601

(4) Performance standards by which the success of the school	1602
will be evaluated by the sponsor. If the sponsor will evaluate the	1603
school in accordance with division (D) of section 3314.36 of the	1604
Revised Code, the contract shall specify the number of school	1605
years that the school will be evaluated under that division.	1606

(5) The admission standards of section 3314.06 of the Revised	1607
Code and, if applicable, section 3314.061 of the Revised Code;	1608

(6)(a) Dismissal procedures;

1609

(b) A requirement that the governing authority adopt an	1610
attendance policy that includes a procedure for automatically	1611
withdrawing a student from the school if the student without a	1612
legitimate excuse fails to participate in one hundred five	1613
consecutive hours of the learning opportunities offered to the	1614
student.	1615

(7) The ways by which the school will achieve racial and	1616
ethnic balance reflective of the community it serves;	1617

(8) Requirements for financial audits by the auditor of	1618
state. The contract shall require financial records of the school	1619
to be maintained in the same manner as are financial records of	1620
school districts, pursuant to rules of the auditor of state, and	1621
the audits shall be conducted in accordance with section 117.10 of	1622
the Revised Code.	1623

(9) The facilities to be used and their locations;

1624

(10) Qualifications of teachers, including a requirement that	1625
the school's classroom teachers be licensed in accordance with	1626
sections 3319.22 to 3319.31 of the Revised Code, except that a	1627
community school may engage noncertificated persons to teach up to	1628
twelve hours per week pursuant to section 3319.301 of the Revised	1629
Code;	1630

(11) That the school will comply with the following	1631
requirements:	1632

(a) The school will provide learning opportunities to a	1633
minimum of twenty-five students for a minimum of nine hundred	1634
twenty hours per school year;	1635

(b) The governing authority will purchase liability	1636
insurance, or otherwise provide for the potential liability of the	1637
school;	1638

(c) The school will be nonsectarian in its programs,	1639
admission policies, employment practices, and all other	1640
operations, and will not be operated by a sectarian school or	1641
religious institution;	1642

(d) The school will comply with sections 9.90, 9.91, 109.65,	1643
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	1644
3301.0712, 3301.0715, 3313.50, 3313.536, 3313.608, 3313.6012,	1645
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.666,	1646
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	1647
3313.716, 3313.80, 3313.96, 3319.073, 3319.321, 3319.39, 3321.01,	1648
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,	1649
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744.,	1650
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code	1651
as if it were a school district and will comply with section	1652
3301.0714 of the Revised Code in the manner specified in section	1653
3314.17 of the Revised Code;	1654

(e) The school shall comply with Chapter 102. and section	1655
2921.42 of the Revised Code;	1656

(f) The school will comply with sections 3313.61, 3313.611,	1657
and 3313.614 of the Revised Code, except that the requirement in	1658
sections 3313.61 and 3313.611 of the Revised Code that a person	1659
must successfully complete the curriculum in any high school prior	1660
to receiving a high school diploma may be met by completing the	1661
curriculum adopted by the governing authority of the community	1662
school rather than the curriculum specified in Title XXXIII of the	1663
Revised Code or any rules of the state board of education;	1664

(g) The school governing authority will submit within four	1665
months after the end of each school year a report of its	1666
activities and progress in meeting the goals and standards of	1667
divisions (A)(3) and (4) of this section and its financial status	1668
to the sponsor and the parents of all students enrolled in the	1669
school.	1670

(h) The school, unless it is an internet- or computer-based	1671
community school, will comply with section 3313.801 of the Revised	1672
Code as if it were a school district.	1673

(12) Arrangements for providing health and other benefits to	1674
employees;	1675

(13) The length of the contract, which shall begin at the	1676
beginning of an academic year. No contract shall exceed five years	1677
unless such contract has been renewed pursuant to division (E) of	1678
this section.	1679

(14) The governing authority of the school, which shall be	1680
responsible for carrying out the provisions of the contract;	1681

(15) A financial plan detailing an estimated school budget	1682
for each year of the period of the contract and specifying the	1683
total estimated per pupil expenditure amount for each such year.	1684
The plan shall specify for each year the base formula amount that	1685
will be used for purposes of funding calculations under section	1686
3314.08 of the Revised Code. This base formula amount for any year	1687
shall not exceed the formula amount defined under section 3317.02	1688
of the Revised Code. The plan may also specify for any year a	1689
percentage figure to be used for reducing the per pupil amount of	1690
the subsidy calculated pursuant to section 3317.029 of the Revised	1691
Code the school is to receive that year under section 3314.08 of	1692
the Revised Code.	1693

(16) Requirements and procedures regarding the disposition of	1694
employees of the school in the event the contract is terminated or	1695
not renewed pursuant to section 3314.07 of the Revised Code;	1696

(17) Whether the school is to be created by converting all or	1697
part of an existing public school or is to be a new start-up	1698
school, and if it is a converted public school, specification of	1699
any duties or responsibilities of an employer that the board of	1700
education that operated the school before conversion is delegating	1701
to the governing board of the community school with respect to all	1702
or any specified group of employees provided the delegation is not	1703
prohibited by a collective bargaining agreement applicable to such	1704
employees;	1705

(18) Provisions establishing procedures for resolving	1706
disputes or differences of opinion between the sponsor and the	1707
governing authority of the community school;	1708

(19) A provision requiring the governing authority to adopt a	1709
policy regarding the admission of students who reside outside the	1710
district in which the school is located. That policy shall comply	1711
with the admissions procedures specified in sections 3314.06 and	1712
3314.061 of the Revised Code and, at the sole discretion of the	1713
authority, shall do one of the following:	1714

(a) Prohibit the enrollment of students who reside outside	1715
the district in which the school is located;	1716

(b) Permit the enrollment of students who reside in districts	1717
adjacent to the district in which the school is located;	1718

(c) Permit the enrollment of students who reside in any other	1719
district in the state.	1720

(20) A provision recognizing the authority of the department	1721
of education to take over the sponsorship of the school in	1722
accordance with the provisions of division (C) of section 3314.015	1723
of the Revised Code;	1724

(21) A provision recognizing the sponsor's authority to	1725
assume the operation of a school under the conditions specified in	1726
division (B) of section 3314.073 of the Revised Code;	1727

(22) A provision recognizing both of the following:

1728

(a) The authority of public health and safety officials to	1729
inspect the facilities of the school and to order the facilities	1730
closed if those officials find that the facilities are not in	1731
compliance with health and safety laws and regulations;	1732

(b) The authority of the department of education as the	1733
community school oversight body to suspend the operation of the	1734
school under section 3314.072 of the Revised Code if the	1735
department has evidence of conditions or violations of law at the	1736
school that pose an imminent danger to the health and safety of	1737
the school's students and employees and the sponsor refuses to	1738
take such action;	1739

(23) A description of the learning opportunities that will be	1740
offered to students including both classroom-based and	1741
non-classroom-based learning opportunities that is in compliance	1742
with criteria for student participation established by the	1743
department under division (L)(2) of section 3314.08 of the Revised	1744
Code;	1745

(24) The school will comply with section 3302.04 of the	1746
Revised Code, including division (E) of that section to the extent	1747
possible, except that any action required to be taken by a school	1748
district pursuant to that section shall be taken by the sponsor of	1749
the school. However, the sponsor shall not be required to take any	1750
action described in division (F) of that section.	1751

(25) Beginning in the 2006-2007 school year, the school will	1752
open for operation not later than the thirtieth day of September	1753
each school year, unless the mission of the school as specified	1754
under division (A)(2) of this section is solely to serve dropouts.	1755
In its initial year of operation, if the school fails to open by	1756
the thirtieth day of September, or within one year after the	1757
adoption of the contract pursuant to division (D) of section	1758
3314.02 of the Revised Code if the mission of the school is solely	1759
to serve dropouts, the contract shall be void.	1760

(B) The community school shall also submit to the sponsor a	1761
comprehensive plan for the school. The plan shall specify the	1762
following:	1763

(1) The process by which the governing authority of the	1764
school will be selected in the future;	1765

(2) The management and administration of the school;

1766

(3) If the community school is a currently existing public	1767
school, alternative arrangements for current public school	1768
students who choose not to attend the school and teachers who	1769
choose not to teach in the school after conversion;	1770

(4) The instructional program and educational philosophy of	1771
the school;	1772

(5) Internal financial controls.

1773

(C) A contract entered into under section 3314.02 of the	1774
Revised Code between a sponsor and the governing authority of a	1775
community school may provide for the community school governing	1776
authority to make payments to the sponsor, which is hereby	1777
authorized to receive such payments as set forth in the contract	1778
between the governing authority and the sponsor. The total amount	1779
of such payments for oversight and monitoring of the school shall	1780
not exceed three per cent of the total amount of payments for	1781
operating expenses that the school receives from the state.	1782

(D) The contract shall specify the duties of the sponsor	1783
which shall be in accordance with the written agreement entered	1784
into with the department of education under division (B) of	1785
section 3314.015 of the Revised Code and shall include the	1786
following:	1787

(1) Monitor the community school's compliance with all laws	1788
applicable to the school and with the terms of the contract;	1789

(2) Monitor and evaluate the academic and fiscal performance	1790
and the organization and operation of the community school on at	1791
least an annual basis;	1792

(3) Report on an annual basis the results of the evaluation	1793
conducted under division (D)(2) of this section to the department	1794
of education and to the parents of students enrolled in the	1795
community school;	1796

(4) Provide technical assistance to the community school in	1797
complying with laws applicable to the school and terms of the	1798
contract;	1799

(5) Take steps to intervene in the school's operation to	1800
correct problems in the school's overall performance, declare the	1801
school to be on probationary status pursuant to section 3314.073	1802
of the Revised Code, suspend the operation of the school pursuant	1803
to section 3314.072 of the Revised Code, or terminate the contract	1804
of the school pursuant to section 3314.07 of the Revised Code as	1805
determined necessary by the sponsor;	1806

(6) Have in place a plan of action to be undertaken in the	1807
event the community school experiences financial difficulties or	1808
closes prior to the end of a school year.	1809

(E) Upon the expiration of a contract entered into under this	1810
section, the sponsor of a community school may, with the approval	1811
of the governing authority of the school, renew that contract for	1812
a period of time determined by the sponsor, but not ending earlier	1813
than the end of any school year, if the sponsor finds that the	1814
school's compliance with applicable laws and terms of the contract	1815
and the school's progress in meeting the academic goals prescribed	1816
in the contract have been satisfactory. Any contract that is	1817
renewed under this division remains subject to the provisions of	1818
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	1819

(F) If a community school fails to open for operation within	1820
one year after the contract entered into under this section is	1821
adopted pursuant to division (D) of section 3314.02 of the Revised	1822
Code or permanently closes prior to the expiration of the	1823
contract, the contract shall be void and the school shall not	1824
enter into a contract with any other sponsor. A school shall not	1825
be considered permanently closed because the operations of the	1826
school have been suspended pursuant to section 3314.072 of the	1827
Revised Code. Any contract that becomes void under this division	1828
shall not count toward any statewide limit on the number of such	1829
contracts prescribed by section 3314.013 of the Revised Code.	1830

Sec. 3314.08.  (A) As used in this section:

1831

(1) "Base formula amount" means the amount specified as such	1832
in a community school's financial plan for a school year pursuant	1833
to division (A)(15) of section 3314.03 of the Revised Code.	1834

(2) "Cost-of-doing-business factor" has the same meaning as	1835
in section 3317.02 of the Revised Code.	1836

(3) "IEP" means an individualized education program as	1837
defined in section 3323.01 of the Revised Code.	1838

(4) "Applicable special education weight" means the multiple	1839
specified in section 3317.013 of the Revised Code for a handicap	1840
described in that section.	1841

(5) "Applicable vocational education weight" means:

1842

(a) For a student enrolled in vocational education programs	1843
or classes described in division (A) of section 3317.014 of the	1844
Revised Code, the multiple specified in that division;	1845

(b) For a student enrolled in vocational education programs	1846
or classes described in division (B) of section 3317.014 of the	1847
Revised Code, the multiple specified in that division.	1848

(6) "Entitled to attend school" means entitled to attend	1849
school in a district under section 3313.64 or 3313.65 of the	1850
Revised Code.	1851

(7) A community school student is "included in the poverty	1852
student count" of a school district if the student is entitled to	1853
attend school in the district and the student's family receives	1854
assistance under the Ohio works first program.	1855

(8) "Poverty-based assistance reduction factor" means the	1856
percentage figure, if any, for reducing the per pupil amount of	1857
poverty-based assistance a community school is entitled to receive	1858
pursuant to divisions (D)(5) and (6) of this section in any year,	1859
as specified in the school's financial plan for the year pursuant	1860
to division (A)(15) of section 3314.03 of the Revised Code.	1861

(9) "All-day kindergarten" has the same meaning as in section	1862
3317.029 of the Revised Code.	1863

(10) "SF-3 payment" means the sum of the payments to a school	1864
district in a fiscal year under divisions (A), (C)(1), (C)(4),	1865
(D), (E), and (F) of section 3317.022, divisions (G), (L), and (N)	1866
of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,	1867
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after	1868
making the adjustments required by sections 3313.981 and 3313.979,	1869
divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of	1870
section 3317.023, and division (C) of section 3317.20 of the	1871
Revised Code.	1872

(B) The state board of education shall adopt rules requiring	1873
both of the following:	1874

(1) The board of education of each city, exempted village,	1875
and local school district to annually report the number of	1876
students entitled to attend school in the district who are	1877
enrolled in grades one through twelve in a community school	1878
established under this chapter, the number of students entitled to	1879
attend school in the district who are enrolled in kindergarten in	1880
a community school, the number of those kindergartners who are	1881
enrolled in all-day kindergarten in their community school, and	1882
for each child, the community school in which the child is	1883
enrolled.	1884

(2) The governing authority of each community school	1885
established under this chapter to annually report all of the	1886
following:	1887

(a) The number of students enrolled in grades one through	1888
twelve and the number of students enrolled in kindergarten in the	1889
school who are not receiving special education and related	1890
services pursuant to an IEP;	1891

(b) The number of enrolled students in grades one through	1892
twelve and the number of enrolled students in kindergarten, who	1893
are receiving special education and related services pursuant to	1894
an IEP;	1895

(c) The number of students reported under division (B)(2)(b)	1896
of this section receiving special education and related services	1897
pursuant to an IEP for a handicap described in each of divisions	1898
(A) to (F) of section 3317.013 of the Revised Code;	1899

(d) The full-time equivalent number of students reported	1900
under divisions (B)(2)(a) and (b) of this section who are enrolled	1901
in vocational education programs or classes described in each of	1902
divisions (A) and (B) of section 3317.014 of the Revised Code that	1903
are provided by the community school;	1904

(e) Twenty per cent of the number of students reported under	1905
divisions (B)(2)(a) and (b) of this section who are not reported	1906
under division (B)(2)(d) of this section but who are enrolled in	1907
vocational education programs or classes described in each of	1908
divisions (A) and (B) of section 3317.014 of the Revised Code at a	1909
joint vocational school district under a contract between the	1910
community school and the joint vocational school district and are	1911
entitled to attend school in a city, local, or exempted village	1912
school district whose territory is part of the territory of the	1913
joint vocational district;	1914

(f) The number of enrolled preschool handicapped students	1915
receiving special education services in a state-funded unit;	1916

(g) The community school's base formula amount;

1917

(h) For each student, the city, exempted village, or local	1918
school district in which the student is entitled to attend school;	1919

(i) Any poverty-based assistance reduction factor that	1920
applies to a school year.	1921

(C) From the SF-3 payment made to a city, exempted village,	1922
or local school district and, if necessary, from the payment made	1923
to the district under sections 321.24 and 323.156 of the Revised	1924
Code, the department of education shall annually subtract the sum	1925
of the amounts described in divisions (C)(1) to (9) of this	1926
section. However, when deducting payments on behalf of students	1927
enrolled in internet- or computer-based community schools, the	1928
department shall deduct only those amounts described in divisions	1929
(C)(1) and (2) of this section. Furthermore, the aggregate amount	1930
deducted under this division shall not exceed the sum of the	1931
district's SF-3 payment and its payment under sections 321.24 and	1932
323.156 of the Revised Code.	1933

(1) An amount equal to the sum of the amounts obtained when,	1934
for each community school where the district's students are	1935
enrolled, the number of the district's students reported under	1936
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	1937
in grades one through twelve, and one-half the number of students	1938
reported under those divisions who are enrolled in kindergarten,	1939
in that community school is multiplied by the greater of the	1940
following:	1941

(a) The fiscal year 2005 base formula amount of that	1942
community school as adjusted by the school district's fiscal year	1943
2005 cost-of-doing-business factor;	1944

(b) The sum of (the current base formula amount of that	1945
community school times the school district's current	1946
cost-of-doing-business factor) plus the per pupil amount of the	1947
base funding supplements specified in divisions (C)(1) to (4) of	1948
section 3317.012 of the Revised Code.	1949

(2) The sum of the amounts calculated under divisions	1950
(C)(2)(a) and (b) of this section:	1951

(a) For each of the district's students reported under	1952
division (B)(2)(c) of this section as enrolled in a community	1953
school in grades one through twelve and receiving special	1954
education and related services pursuant to an IEP for a handicap	1955
described in section 3317.013 of the Revised Code, the product of	1956
the applicable special education weight times the community	1957
school's base formula amount;	1958

(b) For each of the district's students reported under	1959
division (B)(2)(c) of this section as enrolled in kindergarten in	1960
a community school and receiving special education and related	1961
services pursuant to an IEP for a handicap described in section	1962
3317.013 of the Revised Code, one-half of the amount calculated as	1963
prescribed in division (C)(2)(a) of this section.	1964

(3) For each of the district's students reported under	1965
division (B)(2)(d) of this section for whom payment is made under	1966
division (D)(4) of this section, the amount of that payment;	1967

(4) An amount equal to the sum of the amounts obtained when,	1968
for each community school where the district's students are	1969
enrolled, the number of the district's students enrolled in that	1970
community school who are included in the district's poverty	1971
student count is multiplied by the per pupil amount of	1972
poverty-based assistance the school district receives that year	1973
pursuant to division (B) or (C) of section 3317.029 of the Revised	1974
Code, as adjusted by any poverty-based assistance reduction factor	1975
of that community school. If the district receives poverty-based	1976
assistance under division (B) of that section, the per pupil	1977
amount of that aid is the quotient of the amount the district	1978
received under that division divided by the district's poverty	1979
student count, as defined in that section. If the district	1980
receives poverty-based assistance under division (C) of section	1981
3317.029 of the Revised Code, the per pupil amount of that aid for	1982
the district shall be calculated by the department.	1983

(5) An amount equal to the sum of the amounts obtained when,	1984
for each community school where the district's students are	1985
enrolled, the district's per pupil amount of aid received under	1986
division (E) of section 3317.029 of the Revised Code, as adjusted	1987
by any poverty-based assistance reduction factor of the community	1988
school, is multiplied by the sum of the following:	1989

(a) The number of the district's students reported under	1990
division (B)(2)(a) of this section who are enrolled in grades one	1991
to three in that community school and who are not receiving	1992
special education and related services pursuant to an IEP;	1993

(b) One-half of the district's students who are enrolled in	1994
all-day or any other kindergarten class in that community school	1995
and who are not receiving special education and related services	1996
pursuant to an IEP;	1997

(c) One-half of the district's students who are enrolled in	1998
all-day kindergarten in that community school and who are not	1999
receiving special education and related services pursuant to an	2000
IEP.	2001

The district's per pupil amount of aid under division (E) of	2002
section 3317.029 of the Revised Code is the quotient of the amount	2003
the district received under that division divided by the	2004
district's kindergarten through third grade ADM, as defined in	2005
that section.	2006

(6) An amount equal to the sum of the amounts obtained when,	2007
for each community school where the district's students are	2008
enrolled, the district's per pupil amount received under division	2009
(F) of section 3317.029 of the Revised Code, as adjusted by any	2010
poverty-based assistance reduction factor of that community	2011
school, is multiplied by the number of the district's students	2012
enrolled in the community school who are identified as	2013
limited-English proficient.	2014

(7) An amount equal to the sum of the amounts obtained when,	2015
for each community school where the district's students are	2016
enrolled, the district's per pupil amount received under division	2017
(G) of section 3317.029 of the Revised Code, as adjusted by any	2018
poverty-based assistance reduction factor of that community	2019
school, is multiplied by the sum of the following:	2020

(a) The number of the district's students enrolled in grades	2021
one through twelve in that community school;	2022

(b) One-half of the number of the district's students	2023
enrolled in kindergarten in that community school.	2024

The district's per pupil amount under division (G) of section	2025
3317.029 of the Revised Code is the district's amount per teacher	2026
calculated under division (G)(1) or (2) of that section divided by	2027
17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in	2028
fiscal year 2007.	2029

(8) An amount equal to the sum of the amounts obtained when,	2030
for each community school where the district's students are	2031
enrolled, the district's per pupil amount received under divisions	2032
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	2033
by any poverty-based assistance reduction factor of that community	2034
school, is multiplied by the sum of the following:	2035

(a) The number of the district's students enrolled in grades	2036
one through twelve in that community school;	2037

(b) One-half of the number of the district's students	2038
enrolled in kindergarten in that community school.	2039

The district's per pupil amount under divisions (H) and (I)	2040
of section 3317.029 of the Revised Code is the amount calculated	2041
under each division divided by the district's formula ADM, as	2042
defined in section 3317.02 of the Revised Code.	2043

(9) An amount equal to the per pupil state parity aid funding	2044
calculated for the school district under either division (C) or	2045
(D) of section 3317.0217 of the Revised Code multiplied by the sum	2046
of the number of students in grades one through twelve, and	2047
one-half of the number of students in kindergarten, who are	2048
entitled to attend school in the district and are enrolled in a	2049
community school as reported under division (B)(1) of this	2050
section.	2051

(D) The department shall annually pay to a community school	2052
established under this chapter the sum of the amounts described in	2053
divisions (D)(1) to (10) of this section. However, the department	2054
shall calculate and pay to each internet- or computer-based	2055
community school only the amounts described in divisions (D)(1) to	2056
(3) of this section. Furthermore, the sum of the payments to all	2057
community schools under divisions (D)(1), (2), and (4) to (10) of	2058
this section for the students entitled to attend school in any	2059
particular school district shall not exceed the sum of that	2060
district's SF-3 payment and its payment under sections 321.24 and	2061
323.156 of the Revised Code. If the sum of the payments calculated	2062
under those divisions for the students entitled to attend school	2063
in a particular school district exceeds the sum of that district's	2064
SF-3 payment and its payment under sections 321.24 and 323.156 of	2065
the Revised Code, the department shall calculate and apply a	2066
proration factor to the payments to all community schools under	2067
those divisions for the students entitled to attend school in that	2068
district.	2069

(1) Subject to section 3314.085 of the Revised Code, an	2070
amount equal to the sum of the amounts obtained when the number of	2071
students enrolled in grades one through twelve, plus one-half of	2072
the kindergarten students in the school, reported under divisions	2073
(B)(2)(a), (b), and (e) of this section who are not receiving	2074
special education and related services pursuant to an IEP for a	2075
handicap described in section 3317.013 of the Revised Code is	2076
multiplied by the greater of the following:	2077

(a) The community school's fiscal year 2005 base formula	2078
amount, as adjusted by the fiscal year 2005 cost-of-doing-business	2079
factor of the school district in which the student is entitled to	2080
attend school;	2081

(b) The sum of (the community school's current base formula	2082
amount times the current cost-of-doing-business factor of the	2083
school district in which the student is entitled to attend school)	2084
plus the per pupil amount of the base funding supplements	2085
specified in divisions (C)(1) to (4) of section 3317.012 of the	2086
Revised Code.	2087

(2) Prior to fiscal year 2007, the greater of the amount	2088
calculated under division (D)(2)(a) or (b) of this section, and in	2089
fiscal year 2007 and thereafter, the amount calculated under	2090
division (D)(2)(b) of this section:	2091

(a) The aggregate amount that the department paid to the	2092
community school in fiscal year 1999 for students receiving	2093
special education and related services pursuant to IEPs, excluding	2094
federal funds and state disadvantaged pupil impact aid funds;	2095

(b) The sum of the amounts calculated under divisions	2096
(D)(2)(b)(i) and (ii) of this section:	2097

(i) For each student reported under division (B)(2)(c) of	2098
this section as enrolled in the school in grades one through	2099
twelve and receiving special education and related services	2100
pursuant to an IEP for a handicap described in section 3317.013 of	2101
the Revised Code, the following amount:	2102

the greater of (the community school's fiscal year 2005

2103

base formula amount X the fiscal year 2005

2104

cost-of-doing-business factor of the district

2105

where the student is entitled to attend school)

2106

or [(the school's current base formula amount times

2107

the current cost-of-doing-business factor of the school district

2108

where the student is entitled to attend school) plus

2109

the per pupil amount of the base funding supplements specified in

2110

divisions (C)(1) to (4) of section 3317.012 of the Revised Code]

2111

+ (the applicable special education weight X the

2112

community school's base formula amount);

2113

(ii) For each student reported under division (B)(2)(c) of	2114
this section as enrolled in kindergarten and receiving special	2115
education and related services pursuant to an IEP for a handicap	2116
described in section 3317.013 of the Revised Code, one-half of the	2117
amount calculated under the formula prescribed in division	2118
(D)(2)(b)(i) of this section.	2119

(3) An amount received from federal funds to provide special	2120
education and related services to students in the community	2121
school, as determined by the superintendent of public instruction.	2122

(4) For each student reported under division (B)(2)(d) of	2123
this section as enrolled in vocational education programs or	2124
classes that are described in section 3317.014 of the Revised	2125
Code, are provided by the community school, and are comparable as	2126
determined by the superintendent of public instruction to school	2127
district vocational education programs and classes eligible for	2128
state weighted funding under section 3317.014 of the Revised Code,	2129
an amount equal to the applicable vocational education weight	2130
times the community school's base formula amount times the	2131
percentage of time the student spends in the vocational education	2132
programs or classes.	2133

(5) An amount equal to the sum of the amounts obtained when,	2134
for each school district where the community school's students are	2135
entitled to attend school, the number of that district's students	2136
enrolled in the community school who are included in the	2137
district's poverty student count is multiplied by the per pupil	2138
amount of poverty-based assistance that school district receives	2139
that year pursuant to division (B) or (C) of section 3317.029 of	2140
the Revised Code, as adjusted by any poverty-based assistance	2141
reduction factor of the community school. The per pupil amount of	2142
aid shall be determined as described in division (C)(4) of this	2143
section.	2144

(6) An amount equal to the sum of the amounts obtained when,	2145
for each school district where the community school's students are	2146
entitled to attend school, the district's per pupil amount of aid	2147
received under division (E) of section 3317.029 of the Revised	2148
Code, as adjusted by any poverty-based assistance reduction	2149
factor of the community school, is multiplied by the sum of the	2150
following:	2151

(a) The number of the district's students reported under	2152
division (B)(2)(a) of this section who are enrolled in grades one	2153
to three in that community school and who are not receiving	2154
special education and related services pursuant to an IEP;	2155

(b) One-half of the district's students who are enrolled in	2156
all-day or any other kindergarten class in that community school	2157
and who are not receiving special education and related services	2158
pursuant to an IEP;	2159

(c) One-half of the district's students who are enrolled in	2160
all-day kindergarten in that community school and who are not	2161
receiving special education and related services pursuant to an	2162
IEP.	2163

The district's per pupil amount of aid under division (E) of	2164
section 3317.029 of the Revised Code shall be determined as	2165
described in division (C)(5) of this section.	2166

(7) An amount equal to the sum of the amounts obtained when,	2167
for each school district where the community school's students are	2168
entitled to attend school, the number of that district's students	2169
enrolled in the community school who are identified as	2170
limited-English proficient is multiplied by the district's per	2171
pupil amount received under division (F) of section 3317.029 of	2172
the Revised Code, as adjusted by any poverty-based assistance	2173
reduction factor of the community school.	2174

(8) An amount equal to the sum of the amounts obtained when,	2175
for each school district where the community school's students are	2176
entitled to attend school, the district's per pupil amount	2177
received under division (G) of section 3317.029 of the Revised	2178
Code, as adjusted by any poverty-based assistance reduction factor	2179
of the community school, is multiplied by the sum of the	2180
following:	2181

(a) The number of the district's students enrolled in grades	2182
one through twelve in that community school;	2183

(b) One-half of the number of the district's students	2184
enrolled in kindergarten in that community school.	2185

The district's per pupil amount under division (G) of section	2186
3317.029 of the Revised Code shall be determined as described in	2187
division (C)(7) of this section.	2188

(9) An amount equal to the sum of the amounts obtained when,	2189
for each school district where the community school's students are	2190
entitled to attend school, the district's per pupil amount	2191
received under divisions (H) and (I) of section 3317.029 of the	2192
Revised Code, as adjusted by any poverty-based assistance	2193
reduction factor of the community school, is multiplied by the sum	2194
of the following:	2195

(a) The number of the district's students enrolled in grades	2196
one through twelve in that community school;	2197

(b) One-half of the number of the district's students	2198
enrolled in kindergarten in that community school.	2199

The district's per pupil amount under divisions (H) and (I)	2200
of section 3317.029 of the Revised Code shall be determined as	2201
described in division (C)(8) of this section.	2202

(10) An amount equal to the sum of the amounts obtained when,	2203
for each school district where the community school's students are	2204
entitled to attend school, the district's per pupil amount of	2205
state parity aid funding calculated under either division (C) or	2206
(D) of section 3317.0217 of the Revised Code is multiplied by the	2207
sum of the number of that district's students enrolled in grades	2208
one through twelve, and one-half of the number of that district's	2209
students enrolled in kindergarten, in the community school as	2210
reported under division (B)(2)(a) and (b) of this section.	2211

(E)(1) If a community school's costs for a fiscal year for a	2212
student receiving special education and related services pursuant	2213
to an IEP for a handicap described in divisions (B) to (F) of	2214
section 3317.013 of the Revised Code exceed the threshold	2215
catastrophic cost for serving the student as specified in division	2216
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	2217
submit to the superintendent of public instruction documentation,	2218
as prescribed by the superintendent, of all its costs for that	2219
student. Upon submission of documentation for a student of the	2220
type and in the manner prescribed, the department shall pay to the	2221
community school an amount equal to the school's costs for the	2222
student in excess of the threshold catastrophic costs.	2223

(2) The community school shall only report under division	2224
(E)(1) of this section, and the department shall only pay for, the	2225
costs of educational expenses and the related services provided to	2226
the student in accordance with the student's individualized	2227
education program. Any legal fees, court costs, or other costs	2228
associated with any cause of action relating to the student may	2229
not be included in the amount.	2230

(F) A community school may apply to the department of	2231
education for preschool handicapped or gifted unit funding the	2232
school would receive if it were a school district. Upon request of	2233
its governing authority, a community school that received unit	2234
funding as a school district-operated school before it became a	2235
community school shall retain any units awarded to it as a school	2236
district-operated school provided the school continues to meet	2237
eligibility standards for the unit.	2238

A community school shall be considered a school district and	2239
its governing authority shall be considered a board of education	2240
for the purpose of applying to any state or federal agency for	2241
grants that a school district may receive under federal or state	2242
law or any appropriations act of the general assembly. The	2243
governing authority of a community school may apply to any private	2244
entity for additional funds.	2245

(G) A board of education sponsoring a community school may	2246
utilize local funds to make enhancement grants to the school or	2247
may agree, either as part of the contract or separately, to	2248
provide any specific services to the community school at no cost	2249
to the school.	2250

(H) A community school may not levy taxes or issue bonds	2251
secured by tax revenues.	2252

(I) No community school shall charge tuition for the	2253
enrollment of any student.	2254

(J)(1)(a) A community school may borrow money to pay any	2255
necessary and actual expenses of the school in anticipation of the	2256
receipt of any portion of the payments to be received by the	2257
school pursuant to division (D) of this section. The school may	2258
issue notes to evidence such borrowing. The proceeds of the notes	2259
shall be used only for the purposes for which the anticipated	2260
receipts may be lawfully expended by the school.	2261

(b) A school may also borrow money for a term not to exceed	2262
fifteen years for the purpose of acquiring facilities.	2263

(2) Except for any amount guaranteed under section 3318.50 of	2264
the Revised Code, the state is not liable for debt incurred by the	2265
governing authority of a community school.	2266

(K) For purposes of determining the number of students for	2267
which divisions (D)(5) and (6) of this section applies in any	2268
school year, a community school may submit to the department of	2269
job and family services, no later than the first day of March, a	2270
list of the students enrolled in the school. For each student on	2271
the list, the community school shall indicate the student's name,	2272
address, and date of birth and the school district where the	2273
student is entitled to attend school. Upon receipt of a list under	2274
this division, the department of job and family services shall	2275
determine, for each school district where one or more students on	2276
the list is entitled to attend school, the number of students	2277
residing in that school district who were included in the	2278
department's report under section 3317.10 of the Revised Code. The	2279
department shall make this determination on the basis of	2280
information readily available to it. Upon making this	2281
determination and no later than ninety days after submission of	2282
the list by the community school, the department shall report to	2283
the state department of education the number of students on the	2284
list who reside in each school district who were included in the	2285
department's report under section 3317.10 of the Revised Code. In	2286
complying with this division, the department of job and family	2287
services shall not report to the state department of education any	2288
personally identifiable information on any student.	2289

(L) The department of education shall adjust the amounts	2290
subtracted and paid under divisions (C) and (D) of this section to	2291
reflect any enrollment of students in community schools for less	2292
than the equivalent of a full school year. The state board of	2293
education within ninety days after April 8, 2003, shall adopt in	2294
accordance with Chapter 119. of the Revised Code rules governing	2295
the payments to community schools under this section including	2296
initial payments in a school year and adjustments and reductions	2297
made in subsequent periodic payments to community schools and	2298
corresponding deductions from school district accounts as provided	2299
under divisions (C) and (D) of this section. For purposes of this	2300
section:	2301

(1) A student shall be considered enrolled in the community	2302
school for any portion of the school year the student is	2303
participating at a college under Chapter 3365. of the Revised	2304
Code.	2305

(2) A student shall be considered to be enrolled in a	2306
community school during a school year for the period of time	2307
beginning on the later of the date on which the school both has	2308
received documentation of the student's enrollment from a parent	2309
and the student has commenced participation in learning	2310
opportunities as defined in the contract with the sponsor, or	2311
thirty days prior to the date on which the student is entered into	2312
the education management information system established under	2313
section 3301.0714 of the Revised Code. For purposes of applying	2314
this division to a community school student, "learning	2315
opportunities" shall be defined in the contract, which shall	2316
describe both classroom-based and non-classroom-based learning	2317
opportunities and shall be in compliance with criteria and	2318
documentation requirements for student participation which shall	2319
be established by the department. Any student's instruction time	2320
in non-classroom-based learning opportunities shall be certified	2321
by an employee of the community school. A student's enrollment	2322
shall be considered to cease on the date on which any of the	2323
following occur:	2324

(a) The community school receives documentation from a parent	2325
terminating enrollment of the student.	2326

(b) The community school is provided documentation of a	2327
student's enrollment in another public or private school.	2328

(c) The community school ceases to offer learning	2329
opportunities to the student pursuant to the terms of the contract	2330
with the sponsor or the operation of any provision of this	2331
chapter.	2332

(3) A student's percentage of full-time equivalency shall be	2333
considered to be the percentage the hours of learning opportunity	2334
offered to that student is of nine hundred and twenty hours.	2335
However, no internet- or computer-based community school shall be	2336
credited for any time a student spends participating in learning	2337
opportunities beyond ten hours within any period of twenty-four	2338
consecutive hours.	2339

(M) The department of education shall reduce the amounts paid	2340
under division (D) of this section to reflect payments made to	2341
colleges under division (B) of section 3365.07 of the Revised	2342
Code.	2343

(N)(1) No student shall be considered enrolled in any	2344
internet- or computer-based community school or, if applicable to	2345
the student, in any community school that is required to provide	2346
the student with a computer pursuant to division (C) of section	2347
3314.22 of the Revised Code, unless both of the following	2348
conditions are satisfied:	2349

(a) The student possesses or has been provided with all	2350
required hardware and software materials and all such materials	2351
are operational so that the student is capable of fully	2352
participating in the learning opportunities specified in the	2353
contract between the school and the school's sponsor as required	2354
by division (A)(23) of section 3314.03 of the Revised Code;	2355

(b) The school is in compliance with division (A)(1) or (2)	2356
of section 3314.22 of the Revised Code, relative to such student.	2357

(2) In accordance with policies adopted jointly by the	2358
superintendent of public instruction and the auditor of state, the	2359
department shall reduce the amounts otherwise payable under	2360
division (D) of this section to any community school that	2361
includes in its program the provision of computer hardware and	2362
software materials to any student, if such hardware and software	2363
materials have not been delivered, installed, and activated for	2364
each such student in a timely manner or other educational	2365
materials or services have not been provided according to the	2366
contract between the individual community school and its sponsor.	2367

The superintendent of public instruction and the auditor of	2368
state shall jointly establish a method for auditing any community	2369
school to which this division pertains to ensure compliance with	2370
this section.	2371

The superintendent, auditor of state, and the governor shall	2372
jointly make recommendations to the general assembly for	2373
legislative changes that may be required to assure fiscal and	2374
academic accountability for such schools.	2375

(O)(1) If the department determines that a review of a	2376
community school's enrollment is necessary, such review shall be	2377
completed and written notice of the findings shall be provided to	2378
the governing authority of the community school and its sponsor	2379
within ninety days of the end of the community school's fiscal	2380
year, unless extended for a period not to exceed thirty additional	2381
days for one of the following reasons:	2382

(a) The department and the community school mutually agree to	2383
the extension.	2384

(b) Delays in data submission caused by either a community	2385
school or its sponsor.	2386

(2) If the review results in a finding that additional	2387
funding is owed to the school, such payment shall be made within	2388
thirty days of the written notice. If the review results in a	2389
finding that the community school owes moneys to the state, the	2390
following procedure shall apply:	2391

(a) Within ten business days of the receipt of the notice of	2392
findings, the community school may appeal the department's	2393
determination to the state board of education or its designee.	2394

(b) The board or its designee shall conduct an informal	2395
hearing on the matter within thirty days of receipt of such an	2396
appeal and shall issue a decision within fifteen days of the	2397
conclusion of the hearing.	2398

(c) If the board has enlisted a designee to conduct the	2399
hearing, the designee shall certify its decision to the board. The	2400
board may accept the decision of the designee or may reject the	2401
decision of the designee and issue its own decision on the matter.	2402

(d) Any decision made by the board under this division is	2403
final.	2404

(3) If it is decided that the community school owes moneys to	2405
the state, the department shall deduct such amount from the	2406
school's future payments in accordance with guidelines issued by	2407
the superintendent of public instruction.	2408

(P) The department shall not subtract from a school	2409
district's state aid account under division (C) of this section	2410
and shall not pay to a community school under division (D) of this	2411
section any amount for any of the following:	2412

(1) Any student who has graduated from the twelfth grade of a	2413
public or nonpublic high school;	2414

(2) Any student who is not a resident of the state;

2415

(3) Any student who was enrolled in the community school	2416
during the previous school year when tests were administered under	2417
section 3301.0711 of the Revised Code but did not take one or more	2418
of the tests required by that section and was not excused pursuant	2419
to division (C)(1) or (3) of that section, unless the	2420
superintendent of public instruction grants the student a waiver	2421
from the requirement to take the test and a parent is not paying	2422
tuition for the student pursuant to section 3314.26 of the Revised	2423
Code. The superintendent may grant a waiver only for good cause in	2424
accordance with rules adopted by the state board of education.	2425

(4) Any student who has attained the age of twenty-two years,	2426
except for veterans of the armed services whose attendance was	2427
interrupted before completing the recognized twelve-year course of	2428
the public schools by reason of induction or enlistment in the	2429
armed forces and who apply for enrollment in a community school	2430
not later than four years after termination of war or their	2431
honorable discharge. If, however, any such veteran elects to	2432
enroll in special courses organized for veterans for whom tuition	2433
is paid under federal law, or otherwise, the department shall not	2434
subtract from a school district's state aid account under division	2435
(C) of this section and shall not pay to a community school under	2436
division (D) of this section any amount for that veteran.	2437

Sec. 3314.17. (A) Each community school established under	2438
this chapter shall participate in the statewide education	2439
management information system established under section 3301.0714	2440
of the Revised Code. All provisions of that section and the rules	2441
adopted under that section apply to each community school as if it	2442
were a school district, except as modified for community schools	2443
under division (B) of this section. Each community school shall	2444
comply with division (B) of section 3301.0723 of the Revised Code.	2445

(B) The rules adopted by the state board of education under	2446
section 3301.0714 of the Revised Code may distinguish methods and	2447
timelines for community schools to annually report data, which	2448
methods and timelines differ from those prescribed for school	2449
districts. Any methods and timelines prescribed for community	2450
schools shall be appropriate to the academic schedule and	2451
financing of community schools. The guidelines, however, shall not	2452
modify the actual data required to be reported under that section.	2453

(C) Each fiscal officer appointed under section 3314.011 of	2454
the Revised Code is responsible for annually reporting the	2455
community school's data under section 3301.0714 of the Revised	2456
Code. If the superintendent of public instruction determines that	2457
a community school fiscal officer has willfully failed to report	2458
data or has willfully reported erroneous, inaccurate, or	2459
incomplete data in any year, or has negligently reported	2460
erroneous, inaccurate, or incomplete data in the current and any	2461
previous year, the superintendent may impose a civil penalty of	2462
one hundred dollars on the fiscal officer after providing the	2463
officer with notice and an opportunity for a hearing in accordance	2464
with Chapter 119. of the Revised Code. The superintendent's	2465
authority to impose civil penalties under this division does not	2466
preclude the state board of education from suspending or revoking	2467
the license of a community school employee under division (N) of	2468
section 3301.0714 of the Revised Code.	2469

(D) No community school shall acquire, change, or update its	2470
student administration software package to manage and report data	2471
required to be reported to the department unless it converts to a	2472
student software package that is certified by the department.	2473

Sec. 3314.22. (A)(1) Each child enrolled in an internet- or	2474
computer-based community school is entitled to a computer supplied	2475
by the school; however, the parent of any child enrolled in the	2476
school may waive this entitlement in the manner specified in	2477
division (A)(3) of this section. In no case shall an internet- or	2478
computer-based community school provide a stipend or other	2479
substitute to an enrolled child or the child's parent in lieu of	2480
supplying a computer to the child. The prohibition contained in	2481
the preceding sentence is intended to clarify the meaning of this	2482
division as it existed prior to the effective date of this	2483
amendmentSeptember 29, 2005, and is not intended to change that	2484
meaning in any way.	2485

(2) Notwithstanding division (A)(1) of this section, if more	2486
than one child living in a single residence is enrolled in an	2487
internet- or computer-based community school, at the option of the	2488
parent of those children, the school may supply less than one	2489
computer per child, as long as at least one computer is supplied	2490
to the residence. An internet- or computer-based community school	2491
may supply no computer at all only if the parent has waived the	2492
entitlement prescribed in division (A)(1) of this section in the	2493
manner specified in division (A)(3) of this section. The parent	2494
may amend the decision to accept less than one computer per child	2495
anytime during the school year, and, in such case, within thirty	2496
days after the parent notifies the school of such amendment, the	2497
school shall provide any additiona1 computers requested by the	2498
parent up to the number necessary to comply with division (A)(1)	2499
of this section.	2500

(3) The parent of any child enrolled in an internet- or	2501
computer-based community school may waive the entitlement to one	2502
computer per child, and have no computer at all supplied by the	2503
school, if the school and parent set forth that waiver in writing	2504
with both parties attesting that there is a computer available to	2505
the child in the child's residence with sufficient hardware,	2506
software, programming, and connectivity so that the child may	2507
fully participate in all of the learning opportunities offered to	2508
the child by the school. The parent may amend the decision to	2509
waive the entitlement at any time during the school year and, in	2510
such case, within thirty days after the parent notifies the school	2511
of that decision, the school shall provide any additional	2512
computers requested by the parent up to the number necessary to	2513
comply with division (A)(1) of this section, regardless of whether	2514
there is any change in the conditions attested to in the waiver.	2515

(4) A copy of a waiver executed under division (A)(3) of this	2516
section shall be retained by the internet- or computer-based	2517
community school and the parent who attested to the conditions	2518
prescribed in that division. The school shall submit a copy of the	2519
waiver to the office of community schools, established under	2520
section 3314.11 of the Revised Code, immediately upon execution of	2521
the waiver.	2522

(5) The school shall notify the office of community schools,	2523
in the manner specified by the office, of any parent's decision	2524
under division (A)(2) of this section to accept less than one	2525
computer per child or the parent's amendment to that decision, and	2526
of any parent's decision to amend the waiver executed under	2527
division (A)(3) of this section.	2528

(B) Each internet- or computer-based community school shall	2529
provide to each parent who is considering enrolling the parent's	2530
child in the school and to the parent of each child already	2531
enrolled in the school a written notice of the provisions	2532
prescribed in divisionsdivision (A)(1) and (2) of this section.	2533

(C) If a community school that is not an internet- or	2534
computer-based community school provides any of its enrolled	2535
students with nonclassroom-based learning opportunities provided	2536
via an internet- or other computer-based instructional method and	2537
requires such students to participate in any of those learning	2538
opportunities from their residences, the school shall be subject	2539
to this section and division (C)(1) of section 3314.21 of the	2540
Revised Code relative to each such student in the same manner as	2541
an internet- or computer-based community school, unless both of	2542
the following conditions apply to the student:	2543

(1) The nonclassroom-based learning opportunities in which	2544
the student is required to participate from the student's	2545
residence are supplemental in nature or do not constitute a	2546
significant portion of the total classroom-based and	2547
nonclassroom-based learning opportunities provided to the student	2548
by the school;	2549

(2) The student's residence is equipped with a computer	2550
available for the student's use.	2551

Sec. 3315.20. A school district may have a deficit in any	2552
special fund of the district only if both of the following	2553
conditions are satisfied:	2554

(A) The district has a request for payment pending with the	2555
state sufficient to cover the amount of the deficit and there is a	2556
reasonable likelihood that the payment will be made.	2557

(B) The unspent and unencumbered balance in the district's	2558
general fund is greater than the aggregate of deficit amounts in	2559
all of the district's special funds.	2560

Sec. 3319.073.  The board of education of each city and	2561
exempted village school district and the governing board of each	2562
educational service center shall develop, in consultation with	2563
public or private agencies or persons involved in child abuse	2564
prevention or intervention programs, a program of in-service	2565
training for persons employed by any school district or service	2566
center to work in an elementary school as a nurse, teacher,	2567
counselor, school psychologist, or administrator. Each person	2568
employed by any school district or service center to work in an	2569
elementary school as a nurse, teacher, counselor, school	2570
psychologist, or administrator shall complete at least four hours	2571
of in-service training in the prevention of child abuse	2572
prevention, violence, and substance abuse and the promotion of	2573
positive youth development within threetwo years of commencing	2574
employment with the district or center, and every five years	2575
thereafter. A person who is employed by any school district or	2576
service center to work in an elementary school as a nurse,	2577
teacher, counselor, school psychologist, or administrator on the	2578
effective date of this amendment shall complete at least four	2579
hours of the in-service training required by this section within	2580
two years of the effective date of this amendment and every five	2581
years thereafter.	2582

Sec. 3329.01.  Any publisher of textbooks or electronic	2583
textbooks in the United States desiring to offer such textbooks or	2584
electronic textbooks for use by pupils in the public schools of	2585
Ohio, before such textbooks or electronic textbooks may be adopted	2586
and purchased by any school board, must, on or before the first	2587
day of January of each year, file in the office of the	2588
superintendent of public instruction, a statement that the list	2589
wholesale price to school districts in Ohio will be no more than	2590
the lowest list wholesale price available to school districts in	2591
any other state.	2592

No publisher of a textbook shall file a statement under this	2593
section unless the publisher complies with bothall of the	2594
following:	2595

(A) At the same time as filing the statement, the publisher	2596
also files:	2597

(1) For textbooks published before August 18, 2006, the	2598
wholesale price of a computer diskettean electronic file that	2599
contains the text of the textbook in the American standard code	2600
for information interchangerich text format, or in another	2601
computer languageelectronic format approved by the superintendent	2602
of public instruction, for translating the text of the textbook	2603
into braille;	2604

(2) For textbooks published on or after August 18, 2006, the	2605
wholesale price of an electronic file that contains the text of	2606
the textbook, and of all instructional materials the publisher	2607
offers with the textbook, in the national instructional materials	2608
accessibility standard (NIMAS) code for translating the text of	2609
the entire textbook into NIMAS-approved formats, including	2610
braille, audio, digital text, or large print.	2611

(B) The list wholesale price filed for any specified number	2612
of computer disketteselectronic files described in divisions	2613
(A)(1) and (2) of this section for the textbook and instructional	2614
materials the publisher offers with the textbook does not exceed	2615
the list wholesale price for the same number of the printed	2616
version of thatthe textbook and materials.	2617

(C) For textbooks published on or after August 18, 2006, the	2618
publisher sends one copy of the electronic file described in	2619
division (A)(2) of this section for the entire textbook and all	2620
instructional materials the publisher offers with the textbook in	2621
NIMAS code, at no cost, to the national instructional materials	2622
access center.	2623

As used in this section and in sections 3329.03 to 3329.10 of	2624
the Revised Code, "electronic textbook" means computer software,	2625
interactive videodisc, magnetic media, CD-ROMoptical media,	2626
computer courseware, on-line service, electronic medium, or other	2627
means of conveying information to the student or otherwise	2628
contributing to the learning process through electronic means.	2629

Sec. 3354.26. Notwithstanding the provisions in section	2630
3354.07 and division (A) of section 3354.09 of the Revised Code,	2631
which allow the board of trustees of a community college district	2632
to contract with a generally accredited public university or	2633
college for operation of such community college, the board of	2634
trustees of the Rio Grande community college district and the	2635
board of trustees of the university of Rio Grande, a private	2636
nonprofit corporation also located in Rio Grande, Ohio, may enter	2637
into a contract for the board of trustees of the university of Rio	2638
Grande to provide for operation of the community college. The	2639
community college may employ a person to serve as president of the	2640
community college, and also may have that person serve as	2641
president of the university as established by the contract entered	2642
into pursuant to this section. The salary, benefits, and other	2643
compensation for any such employee for all duties shall be	2644
determined and paid solely by the community college.	2645

Sec. 3701.62.  The director of health shall request a student	2646
data verification code from the independent contractor engaged by	2647
the department of education to create and maintain such codes for	2648
school districts and community schools under division (D)(2) of	2649
section 3301.0714 of the Revised Code for each child who is	2650
receiving services under division (A)(2) of section 3701.61 of the	2651
Revised Code and who is about to become eligible for special	2652
education and related services under Chapter 3323. of the Revised	2653
Code. The director shall request from the parent, guardian, or	2654
custodian of the child, or from any other person who is authorized	2655
by law to make decisions regarding the child's education, the name	2656
and address of the public school in which the child will be	2657
enrolled for special education and related services under Chapter	2658
3323. of the Revised Code. The director shall submit the data	2659
verification code for that child to that public school at the time	2660
the child ceases to receive services under division (A)(2) of	2661
section 3701.61 of the Revised Code and begins to receive special	2662
education and related services under Chapter 3323. of the Revised	2663
Code.	2664

The director and each school that receives a data	2665
verification code under this section shall not release that code	2666
to any person except as provided by law. Any document that the	2667
director holds in the director's files that contains both a	2668
child's name or other personally identifiable information and the	2669
child's data verification code shall not be a public record under	2670
section 149.43 of the Revised Code.	2671

Section 2. That existing sections 3301.0710, 3301.0711,	2672
3301.0714, 3301.0715, 3302.03, 3313.53, 3313.608, 3313.614,	2673
3314.014, 3314.03, 3314.08, 3314.17, 3314.22, 3319.073, and	2674
3329.01 and section 3319.227 of the Revised Code are hereby	2675
repealed.	2676

Section 3. Section 117.53 of the Revised Code, as enacted by	2677
this act, shall take effect one year after the effective date of	2678
this act.	2679

Section 4. Not later than thirty days after the effective	2680
date of this section, the Superintendent of Public Instruction,	2681
upon the request of the superintendent of a joint vocational	2682
school district, may grant the district a waiver from the	2683
requirements of sections 3313.48 and 3313.481 of the Revised Code	2684
for the 2006-2007 school year if all of the following conditions	2685
apply to the district in that school year:	2686

(A) The school district is participating in the Vocational	2687
School Facilities Assistance Program established under sections	2688
3318.40 to 3318.45 of the Revised Code and the Executive Director	2689
of the Ohio School Facilities Commission certifies to the	2690
Superintendent of Public Instruction that the district's project	2691
under that program experienced delays due to unanticipated	2692
structural conditions.	2693

(B) The project delays will cause the district to be open for	2694
instruction with pupils in attendance for fewer days or hours than	2695
required by sections 3313.48, 3313.481, and 3317.01 of the Revised	2696
Code.	2697

(C) The district requires its students to engage in	2698
activities outside of school that are relevant to the subject	2699
areas in which they are missing instruction to offset the	2700
reduction in instructional time.	2701

Any waiver granted under this section shall allow the	2702
district to be closed for not more than eleven days in excess of	2703
the days it is permitted to be closed for a public calamity under	2704
division (B) of section 3317.01 of the Revised Code. No district	2705
that receives a waiver under this section shall be considered to	2706
have failed to comply with division (B) of section 3317.01 of the	2707
Revised Code if it otherwise meets the requirements of that	2708
division.	2709

Section 5.  Section 3314.03 of the Revised Code is presented	2710
in this act as a composite of the section as amended by Am. Sub.	2711
H.B. 137, Sub. H.B. 184, and Sub. H.B. 422 of the 126th General	2712
Assembly. The General Assembly, applying the principle stated in	2713
division (B) of section 1.52 of the Revised Code that amendments	2714
are to be harmonized if reasonably capable of simultaneous	2715
operation, finds that the composite is the resulting version of	2716
the section in effect prior to the effective date of the section	2717
as presented in this act.	2718